This study sought to investigate the Human Resource and Management (HRM) Program of a preschool hereinafter referred to as the Early Years Learning Center (EYLC) in Mandaluyong City for purposes of this research study. This is a qualitative case study that delved particularly into the issue of employee retention, especially of seasoned teachers and staff of the subject learning center. It used the interview method to generate an in-depth analysis as it revisited its HRM Program. To triangulate the data gathered, (...) documents from websites and social media as well as artifacts were also utilized. There is a dearth of research on the Human Resource and Management Program in preschool education. Most studies are from India and China. In terms of the HRM Program in education, SWOT analysis was frequently used to help improve the program. There were negligible sources that used the balanced scorecard at the preschool level. Hence, a combination of the SWOT analysis and the Balanced Scorecard method were utilized - the SWOT Analysis to determine the problems the learning center faces vis-à-vis its HRM Program, and the balanced scorecard in the search for a solution or strategy to help solve the problem. Based on the study, these combined tools proved to be effective in revisiting the HRM Program of schools. After interviewing the Directress of EYLC, findings disclosed that to be able to improve the retention of employees in the learning center, the focus should be given to the hiring policies and procedures keeping in mind the job security of its targeted employees. This brings forward concerns over advertising schemes utilizing different venues and platforms as well as issues involving the provision of seasoned employees with a retirement package, comprehensive Health Management Organization (HMO), and a continuing professional development program. (shrink)

Onychectomy involves the surgical amputation of a cat's claws. Tendonectomy entails surgically cutting tendons to prevent the extension and full use of a cat's claws. Both surgeries practically declaw cats and are not only painful but also associated with high complication rates. While feline declawing surgeries have been banned in various places around the world, they are still elective in many countries and U.S. states. This article provides an ethical analysis of declawing cats. It discusses the harms posed by feline (...) declawing surgeries, like pain and complications, which are not offset by any benefits to cats. Drawing on Martha Nussbaum's capabilities approach, it also offers an additional and broader ethical argument against declawing, namely that removing cats' claws is unjust because it thwarts important capabilities for feline flourishing (e.g., play, bodily integrity, control over one's environment). It concludes that declawing cats for non-medical purposes is unethical and must be opposed. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

Despite the high profile of evolutionary explanations of human behaviour, their status remains highly disputed. Are all evolutionary explanations of human behaviour sensational 'just so' stories, or is there a proper science of sociobiology? Sense and Nonsense provides an answer to this question by assessing the legitimacy of a range of evolutionary approaches to human behaviour.

This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical stuff – (...) non-eliminative reductive physicalism about the mind offers the most plausible account of the full-bodied mental causation criminal responsibility requires. Other theories of the mind/body relationship, including elminativism and non-reductive physicalism, threaten criminal responsibility because they do not offer satisfactory accounts of mental causation. Eliminativism, as the name implies, eliminates the mental or is skeptical that it can do the causal work necessary to responsibility; and non-reductive theories disconnect the mental from the physical/casual world such that the mental can no longer have reliable causal effects. (shrink)

Neuroethics is the body of work exploring the ethical, legal, and social implications of neuroscience. This work can be separated into two rough categories. The neuroscience of ethics concerns a neuroscientific understanding of the brain processes that underpin moral judgment and behavior. The ethics of neuroscience, on the other hand, includes the potential impact advances in neuroscience may have on social, moral and philosophical ideas and institutions, as well as the ethical principles that should guide brain research, treatment of brain (...) disease, and cognitive enhancement. Central to the questions posed in neuroethics is the way in which neuroscience might impact our sense of self and personal responsibility, and our understanding the structure of moral judgments. (shrink)

In a recent book, Neil Levy argues that culpable action – action for which we are morally responsible – is necessarily produced by states of which we are consciously aware. However, criminal defendants are routinely held responsible for criminal harm caused by states of which they are not conscious in Levy’s sense. In this chapter I argue that cases of negligent criminal harm indicate that Levy’s claim that moral responsibility requires synchronic conscious awareness of the moral significance of an act (...) is too strict, and that tracing conditions cannot be successfully used to bolster Levy’s account. Instead, current legal practices indicate that criminal responsibility requires the capacity for diachronic agency and self-control, not synchronic conscious control. (shrink)

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a means (...) to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

Philosophical Perspectives, Volume 35, Issue 1, Page 170-188, December 2021.

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical (in)dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical (in)dependence relations in our world (conceived of either as frequency patterns or as relations among chances). Thus, we doubt that statistical (in)dependence relations are the worldly basis of causal and explanatory directions. (shrink)

This chapter examines how advances in nanotechnology might impact criminal sentencing. While many scholars have considered the ethical implications of emerging technologies, such as nanotechnology, few have considered their potential impact on crucial institutions such as our criminal justice system. Specifically, I will discuss the implications of two types of technological advances for criminal sentencing: advanced tracking devices enabled by nanotechnology, and nano-neuroscience, including neural implants. The key justifications for criminal punishment- including incapacitation, deterrence, rehabilitation, and retribution – apply very (...) differently to criminal sentences using these emerging technologies than they do to imprisonment. Further, use of these technologies would represent a shift away from retribution as the primary justification for criminal punishment. In addition, the possibility of nano-neural implants entails a new model of rehabilitation: namely, involuntary rehabilitation aimed at changing an offender’s character, rather than his environment. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

This chapter explores whether chemical castration can be justified as a form of criminal punishment. The author argues that castration via the drug medroxyprogesterone acetate (MPA), or some similar drug, does not achieve the punishment aims of retribution, deterrence, or incapacitation, but might serve as punishment in the form of rehabilitative treatment. However, current U.S. chemical castration statutes are too broad to be justified as rehabilitative. The state is warranted in targeting psychological states in criminal defendants for rehabilitative treatment where (...) such states (a) act as a primary cause of a criminal offender’s crime and (b) give rise to extraordinary worries that the offender will recidivate. Current statutes qualify criminal offenders for castration who do not have overwhelming sexual urges or other psychological states causally related to their crime that may be treated with MPA. Thus, even assuming the efficacy of MPA, such statutes are unjustifiable because they apply chemical castration to offenders for whom castration will have no rehabilitative effect. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, mainly (...) realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

[This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...) on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? The authors argue that evidence from neuroscience and the other cognitive sciences can illuminate the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

The challenges facing us today require practical wisdom to allow us to react appropriately. In this paper, we argue that at a group level, we will make better decisions if we respect and take into account the moral judgment of agents with diverse styles of cognition and moral reasoning. We show this by focusing on the example of autism, highlighting different strengths and weaknesses of moral reasoning found in autistic and non-autistic persons respectively.

The emerging neuroscience of psychopathy will have several important implications for our attempts to construct an ethical society. In this article we begin by describing the list of criteria by which psychopaths are diagnosed. We then review four competing neuropsychological theories of psychopathic cognition. The first of these models, Newman’s attentional model, locates the problem in a special type of attentional narrowing that psychopaths have shown in experiments. The second and third, Blair’s amygdala model and Kiehl’s paralimbic model represent the (...) psychopath’s problem as primarily emotional, including reduced tendency to experience fear in normally fearful situations, and a failure to attach the proper significance to the emotions of others. The fourth model locates the problem at a higher level: a failure of psychopaths to notice and correct for their attentional or emotional problems using “executive processes.” In normal humans, decisions are accomplished via these executive processes, which are responsible for planning actions, or inhibiting unwise actions, as well as allowing emotions to influence cognition in the proper way. We review the current state of knowledge of the executive capacities of psychopaths. We then evaluate psychopaths in light of the three major philosophical theories of ethics, utilitarianism, deontological theory, and virtue ethics. Finally, we turn to the difficulty psychopath offenders pose to criminal law, because of the way psychopathy interacts with the various justifications and functions of punishment. We conclude with a brief consideration of the effects of psychopaths on contemporary social structures. (shrink)

This article examines the domestic use of drones by law enforcement to gather information. Although the use of drones for surveillance will undoubtedly provide law enforcement agencies with new means of gathering intelligence, these unmanned aircrafts bring with them a host of legal and epistemic complications. Part I considers the Fourth Amendment and the different legal standards of proof that might apply to law enforcement drone use. Part II explores philosopher Wittgenstein’s notion of actional certainty as a means to interpret (...) citizens' expectations of privacy with regard to their patterns of movement over time. Part III discusses how the theory of actional certainty can apply to the epistemic challenge of determining what is a “reasonable” expectation of privacy under the law. This Part also investigates the Mosaic Theory as a possible reading of the Fourth Amendment. (shrink)

The cases that Doris chronicles of confabulation are similar to perceptual illusions in that, while they show the interstices of our perceptual or cognitive system, they fail to establish that our everyday perception or cognition is not for the most part correct. Doris's account in general lacks the resources to make synchronic assessments of responsibility, partially because it fails to make use of knowledge now available to us about what is happening in the brains of agents.

In Mind and World, John McDowell argues against the view that perceptual representation is non-conceptual. The central worry is that this view cannot offer any reasonable account of how perception bears rationally upon belief. I argue that this worry, though sensible, can be met, if we are clear that perceptual representation is, though non-conceptual, still in some sense 'assertoric': Perception, like belief, represents things as being thus and so.

Definição de IPP da vaca A idade ao primeiro parto (IPP) da vaca, como o próprio nome indica, é a idade em que a vaca tem o seu primeiro parto e, portanto, o seu bezerro(a). Representa o início do retorno econômico do investimento realizado na criação de novilhas. É o ponto de partida onde a vaca começa a produzir descendentes para venda ou reposição e leite para venda, sendo as duas fontes de renda na pecuária de duplo propósito ou dupla (...) aptidão, com criação de raças produtoras de carne e leite. Qual deve ser a IPP da vaca? Para as condições tropicais, espera-se que o primeiro parto da novilha ocorra entre: 29 – 35 meses, o que seria possível se os animais atingissem a gestação aos 20-26 meses de idade. Em condições tropicais, foram relatados valores de idade ao primeiro parto em bovinos mestiços de duplo propósito entre 32 e 48 meses (Aranguren et al., 1993; Rosendo et al., 1993). Isto mostra que existe um amplo valor de melhoria que parece ser basicamente influenciado pela componente nutricional. (shrink)

This paper examines three accounts of the sleeping beauty case: an account proposed by Adam Elga, an account proposed by David Lewis, and a third account defended in this paper. It provides two reasons for preferring the third account. First, this account does a good job of capturing the temporal continuity of our beliefs, while the accounts favored by Elga and Lewis do not. Second, Elga’s and Lewis’ treatments of the sleeping beauty case lead to highly counterintuitive consequences. The proposed (...) account also leads to counterintuitive consequences, but they’re not as bad as those of Elga’s account, and no worse than those of Lewis’ account. (shrink)

In the Freedom essay, Schelling charges that (1) idealism fails to grasp human freedom’s distinctiveness and that (2) this failure undermines idealism's attempt to refute pantheism, as exemplified by Spinoza. This raises two questions, which I will answer in turn: what, for Schelling, is distinctive of human freedom; and how does the idealists’ failure to grasp it render them unable to refute pantheism? To answer these questions, I will reconstruct Schelling’s argument that freedom has the distinctness of being the unconditioned (...) condition of the world’s intelligibility. My reconstruction will illustrate how Schelling’s notion of freedom as primal will grounds the alleged primacy of practical reason as Kant and Fichte conceive it. I will then consider three objections to Schelling’s argument. Throughout, I will develop the Schellingian idea that freedom is enacted in an unprethinkable decision that cannot be anticipated by any law or principle. (shrink)

Our understanding of Schelling’s internal critique of German idealism, including his late attack on Hegel, is incomplete unless we trace it to the early “Philosophical Letters on Dogmatism and Criticism,” which initiate his engagement with the problem of systematicity—that judgment makes deriving a system of a priori conditions from a first principle necessary, while this capacity’s finitude makes this impossible. Schelling aims to demonstrate this problem’s intractability. My conceptual aim is to reconstruct this from the “Letters,” which reject Fichte’s claim (...) that the Wissenschaftslehre is an unrivalled system. I read Schelling as charging Fichte with misrepresenting a system’s livability or commensurability with our finitude. My historical aim is to provide a framework for understanding Schelling’s Freiheitsschrift, which argues that a system’s liveability depends on its incompleteness or limitation by our finitude. On my reading, Schelling is early and continually committed to systematicity within the bounds of human finitude. (shrink)

Este capítulo trata la división, o brecha, que hay entre las ciencias sociales y humanas, por un lado, y las ciencias naturales, por el otro. Analiza el pasado de esta brecha, rastreando algunos de sus orígenes, y muestra lo dañina que esta división ha llegado a ser (sin desconocer la importancia de respetar los límites disciplinares). Termina por ofrecer algunas recomendaciones de cara al futuro para ir cerrando los aspectos más perjudiciales de esta brecha.

This paper argues that McDowell wrongly assumes that “terror”, Cavell’s reaction to the radical contingency of our shared modes of knowing or our “attunement”, expresses a skepticism that is antinomically bound to an equally unacceptable dogmatism because Cavell rather regards terror as a mood that reveals the “truth of skepticism”, namely, that there is no conclusive evidence for necessary attunement on pain of a category error, and that a precedent for McDowell’s misunderstanding is Hegel’s argument for necessary attunement in a (...) system of knowing, whose refutation Schelling holds it is the “merit of skepticism” to provide. (shrink)

I argue that the theory of chance proposed by David Lewis has three problems: (i) it is time asymmetric in a manner incompatible with some of the chance theories of physics, (ii) it is incompatible with statistical mechanical chances, and (iii) the content of Lewis's Principal Principle depends on how admissibility is cashed out, but there is no agreement as to what admissible evidence should be. I proposes two modifications of Lewis's theory which resolve these difficulties. I conclude by tentatively (...) proposing a third modification of Lewis's theory, one which explains many of the common features shared by the chance theories of physics. (shrink)

Fichte assigns ‘intellectual intuition’ a new meaning after Kant. But in 1799, his doctrine of intellectual intuition is publicly deemed indefensible by Kant and nihilistic by Jacobi. I propose to defend Fichte’s doctrine against these charges, leaving aside whether it captures what he calls the ‘spirit’ of transcendental idealism. I do so by articulating three problems that motivate Fichte’s redirection of intellectual intuition from being to acting: (1) the regress problem, which states that reflecting on empirical facts of consciousness leads (...) only to further facts and so cannot yield a first principle; (2) the rhapsody problem, which states that the categories form a haphazard set and so lack necessity unless they derive from a first principle; and (3) the nihilism problem, which states that a first principle cannot lie outside our cognition of it, lest it be the cause of our cognition and, being first, the cause of all our actions, reducing us to machines. Crucially, Fichte’s three motivating problems are in fact aspects of a single problem. Leaving any aspect unsolved spoils putative solutions to the other two. Consequently, Fichte requires a single unified solution to all three, which his doctrine of intellectual intuition provides. (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

In the Vocation of Man, Fichte makes the striking claim that life is eternal, rational, our true being, and the final cause of nature in general and of death in particular. How can we make sense of this claim? I argue that the public lectures that compose the Vocation are a popular expression of Fichte’s pre-existing commitment to what I call immortalism, the view that life is the unconditioned condition of intelligibility. Casting the I as an absolutely self-active or living (...) power enables his philosophical account of both the intelligibility of objects and of what it means to die. This explains his characterization of the Wissenschaftslehre as a system in which ‘all is act, movement, and life’. In Sect. 1, I explain the context of Jacobi’s use of ‘caput mortuum’ as a term for the thing in itself. In Sects. 2 and 3, I reconstruct two immortalist arguments from Fichte’s Jena period. The first is that the I’s self-activity rules out the existence of the thing in itself and thereby vanquishes ‘death’s head’. The second is that, insofar as the I charges us with the moral perfection of nature, it is the final cause of our entire life, including its end. This is to say that the I puts our every moment into question, even our last. In Sect. 4, I use these immortalist arguments to interpret the striking claim from the Vocation. (shrink)

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue that such (...) a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

It has recently been argued that reproductive genetic manipulation technologies like mitochondrial replacement and germline CRISPR modifications cannot be said to save anyone’s life because, counterfactually, no one would suffer more or die sooner absent the intervention. The present article argues that, on the contrary, reproductive genetic manipulations may be life-saving (and, from this, have therapeutic value) under an appropriate population health perspective. As such, popular reports of reproductive genetic manipulations potentially saving lives or preventing disease are not necessarily mistaken, (...) though such terminology still requires further empirical validation. (shrink)

As opposed to a ‘one size fits all’ approach, precision medicine uses relevant biological, medical, behavioural and environmental information about a person to further personalize their healthcare. This could mean better prediction of someone’s disease risk and more effective diagnosis and treatment if they have a condition. Big data allows for far more precision and tailoring than was ever before possible by linking together diverse datasets to reveal hitherto-unknown correlations and causal pathways. But it also raises ethical issues relating to (...) the balancing of interests, viability of anonymization, familial and group implications, as well as genetic discrimination. This article analyses these issues in light of the values of public benefit, justice, harm minimization, transparency, engagement and reflexivity and applies the deliberative balancing approach found in theEthical Framework for Big Data in Health and Research to a case study on clinical genomic data sharing. Please refer to that article for an explanation of how this framework is to be used, including a full explanation of the key values involved and the balancing approach used in the case study at the end. Our discussion is meant to be of use to those involved in the practice as well as governance and oversight of precision medicine to address ethical concerns that arise in a coherent and systematic manner. (shrink)

A precursor to the hard problem of consciousness confronts nihilism. Like physicalism, nihilism collides with the first-personal fact of what perception and action are like. Unless this problem is solved, nature’s inclusion of conscious experience will remain, as Chalmers warns the physicalist, an “unanswered question” and, as Jacobi chides the nihilist, “completely inexplicable". One advantage of Kant’s Copernican turn is to dismiss the question that imposes this hard problem. We need not ask how nature is accompanied by the first-person standpoint (...) because “I think” is an apperceptive form of thinking that must be able to accompany any cognition of nature. Kant’s formal conception of apperception worries Fichte in his Nova Methodo lectures. This conception arguably cannot exhaust the ground of experience, for it does not show why we posit objects “at all". For Fichte, it is our agency that first opens a world of objects, viz., as subjects, means, ends, and obstacles. In what follows, I argue that, for Fichte, the I poses no hard problem because it collides exclusively with nihilistic views like Spinozism, which are refuted by a properly transcendental idealist conception of apperception, according to which the first-person standpoint is the absolute ground of our experience of nature. If transcendental idealism refutes nihilism, nature is no more explicable than that there is something it is like for me to perceive and act. In Section 1, I show why Kantian apperception is necessary for possible experience. In Section 2, I reconstruct Fichte’s argument that a modified conception of apperception refutes guises of nihilism, thereby solving the hard problem of consciousness. In Section 3, I suggest that transcendental idealism undermines Chalmers’ proposed solution to and Dennett’s dismissal of this problem. (shrink)

Some have objected to human enhancement on the grounds that it violates the autonomy of the enhanced. These objections, however, overlook the interesting possibility that autonomy itself could be enhanced. How, exactly, to enhance autonomy is a difficult problem due to the numerous and diverse accounts of autonomy in the literature. Existing accounts of autonomy enhancement rely on narrow and controversial conceptions of autonomy. However, we identify one feature of autonomy common to many mainstream accounts: reasoning ability. Autonomy can then (...) be enhanced by improving people’s reasoning ability, in particular through cognitive enhancement; given how valuable autonomy is usually taken to be, this gives us extra reason to pursue such cognitive enhancements. Moreover, autonomy-based objections will be especially weak against such enhancements. As we will argue, those who are worried that enhancements will inhibit people’s autonomy should actually embrace those enhancements that will improve autonomy. (shrink)

En este artículo ofrezco una defensa de la posibilidad de las obligaciones imposibles al ofrecer argumentos en contra de la idea según la cual estas obligaciones son un sinsentido, pues la función esencial de una obligación es la de ser una guía para la acción, y una obligación imposible no puede indicar ninguna acción a realizar. Pretendo mostrar cómo la idea de que las obligaciones han de ser guías de acción, en conjunto con la máxima “deber implica poder”, lleva a (...) consecuencias indeseables, y luego ofrezco argumentos para defender que las obligaciones imposibles están en mejor posición que otras obligaciones para guiar cierto tipo de acciones. (shrink)

During his Jena period, Fichte endorses a curious dictum: ‘the kind of philosophy one chooses depends on the kind of person one is’. How can Fichte’s dictum support a vindication of German idealism over Spinozism, which he also calls ‘dogmatism’? I will show that the answer to this seemingly straightforward question reveals a rather complex series of metametaphysical objections that shape the development of the entire German idealist tradition. Ultimately, as I will suggest, the series of metametaphysical questions that shape (...) the German idealist tradition must culminate in the question of how to understand the relation between philosophy and its presuppositions. I will conclude by briefly considering a hermeneutical response to this question. (shrink)

Aristotle argued that you need some wealth to live well. The Stoics argued that you could live well with or without wealth. But the Cynics argued that wealth is a hinderance. For the Cynics, a good life consists in self-sufficiency, or being able to rule and help yourself. You accomplish this by living simply and naturally, and by subjecting yourself to rigorous philosophical exercises. Cynics confronted people to get them to abandon extraneous possessions and positions of power to live better. (...) And while the Cynics were experts in living in this way, their ascetic lifestyles made their message curious to some audiences. This paper reflects on Cynic ascetic practices and the ways others perceived them. (shrink)

On a literal reading of `Computing Machinery and Intelligence'', Alan Turing presented not one, but two, practical tests to replace the question `Can machines think?'' He presented them as equivalent. I show here that the first test described in that much-discussed paper is in fact not equivalent to the second one, which has since become known as `the Turing Test''. The two tests can yield different results; it is the first, neglected test that provides the more appropriate indication of intelligence. (...) This is because the features of intelligence upon which it relies are resourcefulness and a critical attitude to one''s habitual responses; thus the test''s applicablity is not restricted to any particular species, nor does it presume any particular capacities. This is more appropriate because the question under consideration is what would count as machine intelligence. The first test realizes a possibility that philosophers have overlooked: a test that uses a human''s linguistic performance in setting an empirical test of intelligence, but does not make behavioral similarity to that performance the criterion of intelligence. Consequently, the first test is immune to many of the philosophical criticisms on the basis of which the (so-called) `Turing Test'' has been dismissed. (shrink)

The current prevailing view is that participation in biomedical research is above and beyond the call of duty. While some commentators have offered reasons against this, we propose a novel public goods argument for an obligation to participate in biomedical research. Biomedical knowledge is a public good, available to any individual even if that individual does not contribute to it. Participation in research is a critical way to support an important public good. Consequently, all have a duty to participate. The (...) current social norm is that individuals participate only if they have a good reason to do so. The public goods argument implies that individuals should participate unless they have a good reason not to. Such a shift would be of great aid to the progress of biomedical research, eventually making society significantly healthier and longer lived. (shrink)