Cette étude a pour objet de démontrer l’évolution de la théorie de l’acte abstrait, son déclin durant les époques antérieures et sa renaissance à l’époque moderne. De ce fait nous étudions d’une part les éléments d’abstraction et leur relation avec le principe dit de « formalité » appliqué auparavant en droit romain, et d’un autre part nous nous pencherons sur les raisons du déclin de la notion de l’acte abstrait, et sa réapparition de nouveau à l’époque moderne, tout (...) en essayant d’établir un décryptage des résultats de cette théorie et d’insister sur les valeurs de l’abstraction dans l’acte juridique notamment s’il porte sur l’aspect économique dans les sociétés en développement, dont les pays arabes. (shrink)

Le déficit d’explicabilité des techniques d’apprentissage machine (AM) pose des problèmes opérationnels, juridiques et éthiques. Un des principaux objectifs de notre projet est de fournir des explications éthiques des sorties générées par une application fondée sur de l’AM, considérée comme une boîte noire. La première étape de ce projet, présentée dans cet article, consiste à montrer que la validation de ces boîtes noires diffère épistémologiquement de celle mise en place dans le cadre d’une modélisation mathématique et causale d’un phénomène physique. (...) La différence majeure est qu’une méthode d’AM ne prétend pas représenter une causalité entre les paramètres d’entrées, qui peuvent être de plus de haute dimensionnalité, et ceux de sortie. Nous montrons dans cet article l’intérêt de mettre en œuvre les distinctions épistémologiques entre les différentes fonctions épistémiques d’un modèle, d’une part, et entre la fonction épistémique et l’usage d’un modèle, d’autre part. Enfin, la dernière partie de cet article présente nos travaux en cours sur l’évaluation d’une explication, qui peut être plus persuasive qu’informative, ce qui peut ainsi causer des problèmes d’ordre éthique. (shrink)

L’analyse des juristes médiévaux nous montre comment la manipulation des contradictions déontiques prima facie est associée, dans l’argumentation interprétative, à la théorie de la légitimité de la hiérarchie normative, entendue non seulement comme instrument politique mais aussi et essentiellement comme un instrument de rationalité au sein d’une science juridique orientée vers une théologie politique. La notion de droit naturel telle qu’elle apparaît dans certains documents emblématiques dont le Decretum de Gratien du XIIe s., ne peut être réduite au modèle (...) intellectualiste aristotélo-thomiste du XIIIe s. Il y a plusieurs façons de penser le droit naturel dans le monde médiéval chrétien et latin ; elles se maintiennent sur plusieurs siècles et l’une d’elles au moins a des points de contacts et de désaccord avec les traditions juives et musulmanes. Ces courants de pensée qui s’écartent du modèle intellectualiste aristotélo-thomiste peuvent être regroupés au sein d’une famille (au sens wittgensteinien) de modèles volontaristes : les contradictions déontiques peuvent être plus fortes que des contradictions prima facie, elles peuvent être d’authentiques contradictions renvoyant à un nouvel acte de volonté comme la seule façon d’éliminer la contradiction déontique. La théorie de Duns Scot peut être utilisée comme illustrant le problème d’une approche ontologique volontariste extrême. | Une autre version de cette contribution a été publiée dans Parisoli (2008d : 124–141). (shrink)

Tout au long de la Seconde Guerre mondiale, les services secrets roumains ont collecté des informations sur l'emplacement des unités allemandes dans le pays. Les officiers du groupe complotiste pour retourner les armes contre l'Allemagne augmentent le nombre d'unités roumaines présentes dans la capitale, afin de pouvoir affronter les Allemands. Une mission alliée clandestine a été parachutée à Bucarest et secrètement hébergée par le général Constantin Sanatescu. Suite au succès de l'offensive allemande sur l'alignement Iasi-Chisinau, le groupe complotiste décide d'accélérer (...) les préparatifs. Le 20 août, Mihai I et le groupe de soldats du complot ont fixé la date de l'action au 26 août. Dans la nuit du 21 août, les membres de l'opposition ont secrètement convenu de cette date. Cependant, apprenant que le maréc Antonescu avait l'intention de retourner au front le 24 août, le roi Mihai fut contraint de changer la date au 23 août 1944. -/- DOI: 10.13140/RG.2.2.29048.93443. (shrink)

After stating "I am gay" Navy Lieutenant Paul G. Thomasson was honorably discharged from the military. In Thomasson v. Perry (1996), the United States Court of Appeals for the Fourth District affirmed Thomasson's discharge. Thomasson is now considered the leading case evaluating the U.S. military's "don't ask, don't tell" policy. In this paper, I show that the court's analysis of the Department of Defense policy rests of two unarticulated and undefended assumptions about sexuality. The first is that an act of (...) sex is essentially defined in terms of the sexual orientation of the persons engaging in that act. The second is that whether or not a person is an open homosexual determines the essential nature of the homosexual acts of others. I conclude that both assumptions are untenable, therefore the "don't ask, don't tell" policy is indefensible. (shrink)

The Uniform Determination of Death Act (UDDA) provides that “an individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...) other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency. (shrink)

Two problems are considered here. One relates to who has moral status, and the other relates to who has moral responsibility. The criteria for mattering morally have long been disputed, and many humans and nonhuman animals have been considered “marginal cases,” on the contested edges of moral considerability and concern. The marginalization of humans and other species is frequently the pretext for denying their rights, including the rights to health care, to reproductive freedom, and to bodily autonomy. There is broad (...) agreement across cultural and philosophical traditions about the capacities and responsibilities of moral agents. I propose an inclusive and expansive way of thinking about moral status, situating it not in the characteristics or capacities of individuals, but in the responsibilities and obligations of moral agents. Moral agents, under this view, are not privileged or entitled to special treatment but rather have responsibilities. I approach this by considering some African communitarian conceptions of moral status and moral agency. I propose that moral agency can also be more expansive and include not just individual moral agents but collective entities that have some of the traits of moral agents: power, freedom, and the capacity to recognize and act on the demands of morality and acknowledge and respect the rights of others. Expanding who and what is a moral agent correspondingly extends moral responsibility for respecting rights and fostering the conditions for the health and well-being of humans and animals onto the collective entities who uniquely have the capacity to attend to global-scale health threats such as pandemics and human-caused climate change. (shrink)

If one can judge a society by how it treats its prisoners, one can surely judge a society by how it treats cognitively- and learning-impaired children. In the United States children with physical and cognitive impairments are subjected to higher rates of corporal punishment than are non-disabled children. Children with disabilities make up just over 13% of the student population in the U.S. yet make up over 18% of those children who receive corporal punishment. Autistic children are among the most (...) likely to receive corporal punishment. -/- Although they may deny or redescribe particular instances of corporal punishment or their use of restraints, educators defend such actions as legitimate punishment. In this paper, I assess the logic underlying the use of restraints and corporal punishment on autistic children by educators. The rationalizations for the corporal punishment or restraint of autistics stems from the educator’s desire to control the autistic children so as to end typical autistic behaviors such as rocking, repetitive verbalizations, or “flapping” but also the autistic child’s non-affective responses such as not appearing to feel remorse or shame or the absence of a verbal acknowledgement of remorse or shame. The educators assume that the autistic’s failure to exhibit the desired responses is evidence of the autistic’s moral incorrigibility and is, therefore, evidence of the appropriateness of corporal punishment. But this assumption of the incorrigibility of the autistic child is questionable. -/- Indeed accepting this incorrigibility assumption reveals two important problems. First, instructors using physical punishment on autistic children do not understand autism. Second, they are not working with a tenable conception of punishment. Any action undertaken to induce socially acceptable behaviors (whether it be the end of autistic acts or responses such as remorse) is to fail to understand what the legitimate punishment of children is about. (shrink)

This study explores the connections between time, travel, and creative acts such as painting and poetry, highlighting the similarities that unite these themes. It also focuses on the relationships between the East and the West in regards to these subjects, and posits that travel can be understood as an active form of meditation. The study argues that the meaning of wanderings can be found by learning to make them conscious, and that there has been a deep reflection on time, consciousness, (...) and mobility since ancient times. (shrink)

The received Cognitive Science paradigm holds that the brain manipulates mental representations of reality. This position is problematic. My alternative to representationalism is that each organism lives in its own "world" made up of objects defined by reference to the organism’s perceptual systems. These objects act as supervenient causes on organisms without the mediation of mental representations. (1992).

The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes a severe violation (...) of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

In this thesis three independent answers to the question ‘what is attention?’ are provided. Each answer is a description of attention given through one of the perspectives that people have on the mental phenomenon. The first answer is the common-sense answer to the question, and is an account of the folk psychology of attention. The understanding of attention put forward here is of attention as a limited, divisible resource that is used in mental acts. The second answer is the empirical (...) answer to the question, and is an account of the metaphysics of attention. The understanding of attention put forward here is the account of attention proposed by Christopher Mole in his theory of attention as cognitive unison. The third answer is the experiential answer to the question, and is an account of the phenomenology of attention. The understanding of attention put forward here is of attention as a kind of directed mental effort. These three answers to the question are shown to be intimately related to each other, and to inform each other in important ways. They are also shown to be fundamentally different answers to each other with none being reducible to another, or more important than another. In the end, they will be found to be answers that arise from the differing perspectives that people are restricted to when considering the nature of mental phenomena, perspectives that must be recognised if an account of such phenomena is to be provided. (shrink)

Whiteness theorists argue that whiteness has two essential features. First, whiteness colonizes, appropriates and controls the Other. Whiteness is, then, racist.Second, whiteness is constructed unwittingly. Whites are, it is claimed, unaware of the harms they inflict on a genocidal scale because whiteness, like the air we breathe, is “invisible” to those who construct it and are constructed by it. Whiteness is, then, innocent. I think defining whiteness as innocent racism is troubling for two reasons. First, it leaves whites unaccountable for (...) the acts of racism they perpetuate. Second, I think that the claim that whiteness is invisible “like the air we breathe,” while a powerful and fascinating metaphor, is mistaken. I will argue that whiteness is closeted; and while the closet makes the acknowledgement of whiteness difficult, it does not make it impossible. Thus, though closeted, whites are morally accountable for the acts of racism they commit. (shrink)

De l'entre-deux-guerres jusqu'à la fin de la Seconde Guerre mondiale, la Roumanie s'est trouvée dans une sorte de labyrinthe géopolitique, dans lequel elle semblait avoir de multiples possibilités, mais elles allaient toutes dans le même sens : l'alliance avec l'Allemagne au début de la Seconde Guerre mondiale, l'acte du 23 août 1944 tel qu'il se présentait et le statut établi par la suite par le traité de Paris. Tout au long de cette période, l'armée roumaine a joué un rôle majeur (...) à travers ses dirigeants et le sacrifice des soldats roumains, et l'acte du 23 août 1944 a été un acte légitime et légal, dans lequel le roi Mihai I et l'armée ont été les principaux décideurs. Après une présentation du contexte de l'entrée de la Roumanie dans la Seconde Guerre mondiale, suit la description de l'évolution de la Roumanie pendant la guerre, en mettant l'accent sur les tentatives de conclure un armistice avec les Alliés occidentaux et le rôle de l'armée pendant cette période. L'acte du 23 août 1944 est ensuite détaillé à part, soulignant la diversité des opinions sur cet événement. La dernière section présente les implications de cet acte sur la Roumanie, après la fin de la Seconde Guerre mondiale. -/- TABLE DES MATIÈRES: -/- Résumé 1. Le contexte de l'entrée de la Roumanie dans la Seconde Guerre mondiale 2. La Seconde Guerre mondiale 3. L'acte du 23 août 1944 4. Les implications de l'acte du 23 août 1944 Bibliographie Notes -/- DOI: 10.13140/RG.2.2.17016.52482, ISBN 978-606-033-713-3. (shrink)

Some bemoan the incivility of our times, while others complain that people have grown too quick to take offense. There is widespread disagreement about what counts as an insult and when it is appropriate to feel insulted. Here I propose a definition and a preliminary taxonomy of insults. Namely, I define insults as expressions of a lack of due regard. And I categorize insults by whether they are intended or unintended, acts or omissions, and whether they cause offense or not. (...) Unintended insults are of particular concern since greater understanding may help us to avoid them. And insults by omission warrant special consideration because they suggest an interesting extension of Grice’s theory of conversational implicature. (shrink)

Scepticism about ought simpliciter is the view that there is no such thing as what one ought simpliciter to do. Instead, practical deliberation is governed by a plurality of normative standpoints, each authoritative from their own perspective but none authoritative simpliciter. This paper aims to resist such scepticism. After setting out the challenge in general terms, I argue that scepticism can be resisted by rejecting a key assumption in the sceptic’s argument. This is the assumption that standpoint-relative ought judgments bring (...) with them a commitment to act in accordance with those judgments. Instead, I propose an alternative account of our normative concepts according to which only ought simpliciter judgments commit one to acting in accordance with those judgments. In addition to answering the sceptical challenge, the proposal offers an independently motivated account of what makes a concept normatively authoritative. (shrink)

Some stories of moral exemplars motivate us to emulate their admirable attitudes and behaviors, but why do some exemplars motivate us more than others? We systematically studied how motivation to emulate is influenced by the similarity between a reader and an exemplar in social or cultural background (Relatability) and how personally costly or demanding the exemplar’s actions are (Attainability). Study 1 found that university students reported more inspiration and related feelings after reading true stories about the good deeds of a (...) recent fellow alum, compared to a famous moral exemplar from decades past. Study 2A developed a battery of short moral exemplar stories that more systematically varied Relatability and Attainability, along with a set of non-moral exemplar stories for comparison. Studies 2B and 2C examined the path from the story type to relatively low stakes altruism (donating to charity and intentions to volunteer) through perceived attainability and relatability, as well as elevation and pleasantness. Together, our studies suggest that it is primarily the relatability of the moral exemplars, not the attainability of their actions, that inspires more prosocial motivation, at least regarding acts that help others at a relatively low cost to oneself. (shrink)

How is it possible for David Hume to be both withering skeptic and constructive theorist? I recommend an answer like the Pyrrhonian answer to the question how it is possible to suspend all judgment yet engage in active daily life. Sextus Empiricus distinguishes two kinds of assent: one suspended across the board and one involved with daily living. The first is an act of will based on appreciation of reasons; the second is a causal effect of appearances. Hume makes the (...) same distinction, only he extends the sort of assent involved in daily life to theoretical matters as well. He is a skeptic both in finding no reason to grant the first sort of assent and in being subject to the second. (shrink)

Expressivists about normative thought and discourse traditionally deny that there are nondeflationary normative propositions. However, it has recently been suggested that expressivists might avoid a number of problems by providing a theory of normative propositions compatible with expressivism. This paper explores the prospects for developing an expressivist theory of propositions within the framework of cognitive act theories of propositions. First, I argue that the only extant expressivist theory of cognitive propositions—Michael Ridge's ‘ecumenical expressivist’ theory—fails to explain identity conditions for normative (...) propositions. Second, I argue that this failure motivates a general constraint—the ‘unity requirement’—that any expressivist theory of propositions must provide a unified nonrepresentational explanation of that in virtue of which propositional attitudes have the content that they have. Third, I argue that conceptual role accounts of content provide a promising framework in which to develop an expressivist theory of cognitive propositions. (shrink)

In this paper, I transcend the abstract engagement of J. L. Austin's Speech Acts theory and explore their sociopolitical advantages, using the Nigerian social space as my primary experimental field. Nigerian social space is quite hierarchical and progresses along apparently asymmetrical lines of social relationship (in most cases). This in turn, accentuates some sort of power dynamics. In every communication, there is an implicit reinforcement of the social fabric as well as the power dynamic, either through one person's percep6of the (...) social status of the other or, of one's emphasis of power dynamic over the other. Austin's theory comes to the fore as a very laudable framework to map this interesting sociological facts. This work then, offers a philosophical contribution to an otherwise, sociological/anthropological fact. My job in this paper, is to explore a sociopolitical negotiation of Austin's theory in a multiethnic nation-state as Nigeria where hierarchy and power dynamics are heavily emphasized. This paper thus highlights the importance of the perlocutionary acts and the felicity conditions, and also accentuates their implications for social interactions and power dynamics in the Nigerian social space. (shrink)

One of the reasons why there is no Hegelian school in contemporary ethics in the way that there are Kantian, Humean and Aristotelian schools is because Hegelians have been unable to clearly articulate the Hegelian alternative to those schools’ moral psychologies, i.e., to present a Hegelian model of the motivation to, perception of, and responsibility for moral action. Here it is argued that in its most basic terms Hegel's model can be understood as follows: the agent acts in a responsible (...) and thus paradigmatic sense when she identifies as reasons those motivations which are grounded in his or her talents and support actions that are likely to develop those talents in ways suggested by his or her interests. (shrink)

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)

Cinema is not only a space in which directors act with the aim of making art, but they also reflect their own testimonies and political perspectives; this study, which claims to be related to representation strategies that contain various interests and desires; It is of the opinion that different ideological approaches are reflected on the screen by political and cultural elites in line with the construction, legitimacy and movement of identities and images. In this study, which examines the Türkiye’nin Kalbi (...) Ankara movie, which was shot in the intense socio-political atmosphere of the 1930s and was shot to tell Turkey's nationalization process and modernization experience through the capital Ankara; the manifestation of the Turkish nation-building process in cinema is discussed through the relationship between nationalism and cinema. (shrink)

Let us imagine an ideal ethical agent, i.e., an agent who (i) holds a certain ethical theory, (ii) has all factual knowledge needed for determining which action among those open to her is right and which is wrong, according to her theory, and who (iii) is ideally motivated to really do whatever her ethical theory demands her to do (even when she speaks). If we grant that the notions of omniscience and ideal motivation both make sense, we may ask: Could (...) there possibly be an ideal utilitarian, that is, an ideal ethical agent whose ethical theory says that our only moral obligation consists in maximizing utility? I claim that an ideal agent cannot be utilitarian. An ideal utilitarian cannot entertain or communicate the beliefs necessary to being a utilitarian. For if every speech act from her mouth maximizes utility, she cannot be interpreted to utter assertions at all. Her very moral theory undermines the conditions necessary for entertaining it. (shrink)

Timothy Williamson has argued that, unless the speech act of assertion were supposed to be governed by his so-called Knowledge Rule, one could not explain why sentences of the form "A and I do not know that A" are unassertable. This paper advances three objections against that argument, of which the first two aim to show that, even assuming that Williamson's explanandum has been properly circumscribed, his explanation would not be correct, and the third aims to show that his explanandum (...) has not been properly circumscribed. (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)

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)

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)

We introduce what we call the Emergent Model of forgiving, which is a process-based relational model conceptualizing forgiving as moral and normative repair in the wake of grave wrongs. In cases of grave wrongs, which shatter the victim’s life, the Classical Model of transactional forgiveness falls short of illuminating how genuine forgiveness can be achieved. In a climate of persistent threat and distrust, expressions of remorse, rituals and gestures of apology, and acts of reparation are unable to secure the moral (...) confidence and trust required for moral repair, much less for forgiveness. Without the rudiments of a shared moral world — a world in which, at the very least, the survivor’s violation can be collectively recognized as a violation, and her moral status and authority collectively acknowledged and respected — expressions of remorse, gestures and rituals of apology, or promises of compensation have no authority as meaningful communicative acts with reparative significance. Accordingly, we argue that repair in the wake of traumatic violence involves ‘world-building,’ which supports the ability of survivors to move from despair to hope, from radical and disabling distrust to trust and engagement, and thus from impotence to effective agency. Our Emergent Model treats forgiveness as a slowly developing outcome of a series of changes in a person’s relationship to the trauma and its aftermath, in which moral agency is regained. We argue that forgiveness after grave wrongs and world-shattering harm, when it occurs, emerges from other phenomena, such as cohabitation within a community, gestures of reconciliation, working on shared projects, the developing of trust. On this view, forgiveness is an emergent phenomenon; it entails taking and exercising normative power—coming to claim one’s own moral authority in relation to oneself, one’s assailant, and one’s community. The processes that ultimately constitute forgiving are part and parcel of normative repair more broadly construed. (shrink)

I present a solution to the epistemological or characterisation problem of induction. In part I, Bayesian Confirmation Theory (BCT) is discussed as a good contender for such a solution but with a fundamental explanatory gap (along with other well discussed problems); useful assigned probabilities like priors require substantive degrees of belief about the world. I assert that one does not have such substantive information about the world. Consequently, an explanation is needed for how one can be licensed to act as (...) if one has substantive information about the world when one does not. I sketch the outlines of a solution in part I, showing how it differs from others, with full details to follow in subsequent parts. The solution is pragmatic in sentiment (though differs in specifics to arguments from, for example, William James); the conceptions we use to guide our actions are and should be at least partly determined by preferences. This is cashed out in a reformulation of decision theory motivated by a non-reductive formulation of hypotheses and logic. A distinction emerges between initial assumptions--that can be non-dogmatic--and effective assumptions that can simultaneously be substantive. An explanation is provided for the plausibility arguments used to explain assigned probabilities in BCT. -/- In subsequent parts, logic is constructed from principles independent of language and mind. In particular, propositions are defined to not have form. Probabilities are logical and uniquely determined by assumptions. The problems considered fatal to logical probabilities--Goodman's `grue' problem and the uniqueness of priors problem are dissolved due to the particular formulation of logic used. Other problems such as the zero-prior problem are also solved. -/- A universal theory of (non-linguistic) meaning is developed. Problems with counterfactual conditionals are solved by developing concepts of abstractions and corresponding pictures that make up hypotheses. Spaces of hypotheses and the version of Bayes' theorem that utilises them emerge from first principles. -/- Theoretical virtues for hypotheses emerge from the theory. Explanatory force is explicated. The significance of effective assumptions is partly determined by combinatoric factors relating to the structure of hypotheses. I conjecture that this is the origin of simplicity. (shrink)

Moral sentimentalism can be understood as a metaethical theory, a normative theory, or some combination of the two. Metaethical sentimentalism emphasizes the role of affect in the proper psychology of moral judgment, while normative sentimentalism emphasizes the centrality of warm emotions to the phenomena of which these judgments properly approve. Neither form of sentimentalism necessarily implies a commitment to virtue ethics, but both have an elective affinity with it. The classical metaethical sentimentalists of the Scottish Enlightenment—such as David Hume and (...) Adam Smith—were all, to a greater or lesser extent, also virtue theorists. The connection is even stronger in the case of Enlightenment philosophers who were also normative sentimentalists , as with Frances Hutcheson. For Hutcheson, virtue simply is a habit of acting from the warm motive of universal benevolence. Today, neo-sentimentalist metaethicists such as Allan Gibbard, Justin D’Arms and Daniel Jacobson generally remain agnostic on the question of whether virtue ethics is superior to its deontological and consequentialist competitors. Michael Slote, however, has developed a comprehensive theory of sentimentalist care ethics in an unambiguously virtue-centered form. (shrink)

In his early and unpublished essay on Schiller’s trilogy Wallenstein, Hegel criticizes the plays’ denouement as “horrific” and “appalling” and for depicting the triumph of death over life. Why was the young Hegel’s response to Wallenstein so negative? To answer this question, I first offer an analysis of Wallenstein in terms of Hegel’s mature theory of modern tragedy. I argue that Schiller’s portrayal of Wallenstein’s character and death indeed render the play a particularly dark and unredemptive example of modern tragedy (...) as Hegel understands it. I suggest, however, that Hegel’s early objections are primarily motivated by his philosophy of history rather than by his theory of tragedy. Hegel accurately sensed the loss of faith in historical progress that Schiller experienced in the wake of the French Revolution; in essays written shortly before Wallenstein appeared, Schiller associates the tragic sublime with humans’ ability to act in the face of the meaninglessness of history. In his essay “The German Constitution,” composed during the same period as his Wallenstein review, Hegel instead formulates his familiar exhortation that we see history as meaningful. Hegel’s objection to Wallenstein’s darkness, then, is primarily an objection to the vision of history it portrays. Against the background of Peter Stein’s 2007 Berlin production of Wallenstein, I suggest that Wallenstein’s lasting appeal lies in its ability to allow audiences to experience the sublime as Schiller intended: as an assertion of our agency despite the cycles of history we so little control. (shrink)

Christine Korsgaard attempts to reinterpret Kantian ethics in a way that might alleviate Bernard Williams’ famous worry that a man cannot save his drowning wife without determining impartially that he may do so. She does this by dividing a reflective self that chooses the commitments that make up an agent’s practical identity from a self defined as a jumble of desires. An agent, she then argues, must act on the commitments chosen by the reflective self on pain of disintegration. Using (...) Harry Frankfurt’s emphasis on love as a final end, I argue that disintegration as motivation is not a more acceptable motivation than impartiality and so does not adequately address Williams’ criticism. I also argue that the idea of a divided self either leads to an infinite regress or to an implausible description of how our commitments evolve and change. To make this last claim, I discuss a case from John Updike’s novel 'In the Beauty of the Lilies.'. (shrink)

Christine Korsgaard attempts to reinterpret Kantian ethics in a way that might alleviate Bernard Williams’ famous worry that a man cannot save his drowning wife without determining impartially that he may do so. She does this by dividing a reflective self that chooses the commitments that make up an agent’s practical identity from a self defined as a jumble of desires. An agent, she then argues, must act on the commitments chosen by the reflective self on pain of disintegration. Using (...) Harry Frankfurt’s emphasis on love as a final end, I argue that disintegration as motivation is not a more acceptable motivation than impartiality and so does not adequately address Williams’ criticism. I also argue that the idea of a divided self either leads to an infinite regress or to an implausible description of how our commitments evolve and change. To make this last claim, I discuss a case from John Updike’s novel 'In the Beauty of the Lilies.'. (shrink)

Here you can download Torrijos' contribution to this book: the general Presentation and the Introduction to the second part.

This paper investigates the differences in perceptions between business students and service-sector managers regarding the role that ethics and social responsibility serve in determining organizational effectiveness. An organizational effectiveness instrument containing business ethics and social responsibility items served as a questionnaire for a sample of 151 senior business undergraduates and 53 service-sector managers. The results indicated that while students acting as managers rate some social responsibility issues as more important than do managers, they also rate ethical conduct and a few (...) dimensions of social responsibility lower than do managers. The findings have direct implications for both business practitioners and educators. (shrink)

This paper critically evaluates the classification of research-related fraudulent activities, with an emphasis on the specific misconduct falsification. The analysis begins by interrogating the assumption that all acts of fraud in research are intentional, suggesting that some instances may inadvertently arise during the course of scholarly activities. Misconducts like fabrication and falsification are categorized as fraudulent primarily due to their generation during research activities and their direct contribution to the distortion of scientific knowledge. Plagiarism, while deceptive, does not necessarily originate (...) from the research process nor lead directly to such distortion, and therefore is not classified as de facto fraud. The paper proposes that the definition of falsification – as established by the PHS – requires refinement to prevent wrongful allegations and convictions, enhance transparency, and offer clearer guidelines. This nuanced understanding is vital for safeguarding the credibility of the research process and protecting scientists from unfounded career-damaging accusations. Ultimately, this paper advocates for a clearer definition of falsification to protect the integrity of scientific research and prevent the miscarriage of justice. (shrink)

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

The spread of misinformation and fake news raises important problems for our society and for our democracy. From the January 6 attack on the U.S. Capitol to vaccine hesitancy, from suppressing voter turnout to peddling conspiracy theories, we know that these problems are real and need to be taken seriously. While misinformation is not a new problem for democracy, it can spread more quickly and easily because of new media’s design and popularity. Given these problems, it is encouraging that some (...) technology companies are taking steps to reduce the spread of misinformation and fake news on the platforms they manage. Despite this seemingly positive development, some scholars have criticized some interventions designed to combat the spread of misinformation and fake news as paternalistic. For example, a 2019 Facebook intervention called Click-Gap aimed to reduce the amount of low-quality content (including fake news and misinformation) that users see on their NewsFeed. Click-Gap has been criticized as an instance of epistemic paternalism because it was adopted (1) with the goal of improving the epistemic status of its users and (2) irrespective of what the company believed the wishes of its users to be. If interventions like Click-Gap are problematic because paternalistic, those of us interested in the ethics of technology would face a dilemma—either endorse technology companies treating their users paternalistically or endorse their failing to act to combat the spread of misinformation and fake news on their platforms. Both options seem to me to be problematic. While paternalism may sometimes be permissible, I think we should be very hesitant to endorse a paternalistic relationship between technology companies and their users. The relationship does not seem to bear the right sort of structure to one in which paternalism might be appropriate, if it ever is. The second option seems, if anything worse: surely technology companies should not stand by and change nothing about their platforms despite the spread of misinformation and fake news in those spaces. In this paper, I argue that Click-Gap and interventions like it are not paternalistic, contrary to the conclusion of other scholars. Further, I will argue that the focus on paternalism itself is actually a red herring here. While not just any intervention or strategy that purports to reduce fake news and misinformation is permissible, we should want technology companies to take user well-being seriously and be able to take that well-being as a direct reason for action. Their doing so is not paternalistic nor even morally problematic, and it should not be criticized as such. (shrink)

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

Forty years have passed since video-games were first made widely available to the public and subsequently playing games has become a favorite past-time for many. Players continuously engage with dynamic visual displays with success contingent on the time-pressured deployment, and flexible allocation, of attention as well as precise bimanual movements. Evidence to date suggests that both brief and extensive exposure to video-game play can result in a broad range of enhancements to various cognitive faculties that generalize beyond the original context. (...) Despite promise, video-game research is host to a number of methodological issues that require addressing before progress can be made in this area. Here an effort is made to consolidate the past 30 years of literature examining the effects of video-game play on cognitive faculties and, more recently, neural systems. Future work is required to identify the mechanism that allows the act of video-game play to generate such a broad range of generalized enhancements. (shrink)

Our approach is based on a tri-partite method of integrating psychodynamic hypotheses, cognitive subliminal processes, and psychophysiological alpha power measures. We present ten social phobic subjects with three individually selected groups of words representing unconscious conflict, conscious symptom experience, and Osgood Semantic negative valence words used as a control word group. The unconscious conflict and conscious symptom words, presented subliminally and supraliminally, act as primes preceding the conscious symptom and control words presented as supraliminal targets. With alpha power as a (...) marker of inhibitory brain activity, we show that unconscious conflict primes, only when presented subliminally, have a unique inhibitory effect on conscious symptom targets. This effect is absent when the unconscious conflict primes are presented supraliminally, or when the target is the control words. Unconscious conflict prime effects were found to correlate with a measure of repressiveness in a similar previous study (Shevrin et al., 1992, 1996). Conscious symptom primes have no inhibitory effect when presented subliminally. Inhibitory effects with conscious symptom primes are present, but only when the primes are supraliminal, and they did not correlate with repressiveness in a previous study (Shevrin et al., 1992, 1996). We conclude that while the inhibition following supraliminal conscious symptom primes is due to conscious threat bias, the inhibition following subliminal unconscious conflict primes provides a neurological blueprint for dynamic repression: it is only activated subliminally by an individual's unconscious conflict and has an inhibitory effect specific only to the conscious symptom. These novel findings constitute neuroscientific evidence for the psychoanalytic concepts of unconscious conflict and repression, while extending neuroscience theory and methods into the realm of personal, psychological meaning. (shrink)

L'utilisation des mégadonnée présente des problèmes juridiques importants, notamment en termes de protection des données. Le cadre juridique existant de l'Union européenne, basé notamment sur la Directive 46/95/CE et le Règlement général sur la protection des données (RGPD - en anglais : General Data Protection Regulation, GDPR) assurent une protection adéquate. Mais pour les mégadonnées, une stratégie globale et complète est nécessaire. L'évolution au fil du temps est passée du droit d'exclure les autres au droit de contrôler leurs propres (...) données et, à l'heure actuelle, à repenser le droit à l'identité (numérique). 10.13140/RG.2.2.35505.81766 . (shrink)

Existe-il une corrélation entre le pouvoir d’un organe et le rang hiérarchique de ses normes ? La théorie réaliste de l’interprétation pourrait sembler indiquer le contraire. En effet, si, comme elle l’enseigne, c’est l’interprète d’un énoncé qui en détermine la signification, les agents de l’administration qui mettent en œuvre les politiques publiques devraient exercer un pouvoir plus important que le législateur qui les élabore. L’auteur de l’article soutient toutefois qu’une semblable conclusion serait erronée car les organes qui produisent les énoncés (...) juridiques généraux et abstraits peuvent généralement mobiliser des ressources qui leur permettent de contraindre les organes de concrétisation à prendre leurs préférences en considération. La représentation du droit comme étant constitué d’un ensemble de normes hiérarchisées confère certaines des ressources dont ils disposent. Celles-ci doivent être identifiées et leur efficacité évaluée afin de déterminer dans quels cas il existe.. (shrink)

a review of John Pollock's *Thinking about Acting* with a focus on his aim of describing psychological mechanisms which are humanly feasible.