The badness of having conflicting emotions is a familiar theme in academic ethics, clinical psychology, and commercial self-help, where emotional harmony is often put forward as an ideal. Many philosophers give emotional harmony pride of place in their theories of practical reason.1 Here we offer a defense of a particular species of emotional conflict, namely, ambivalence. We articulate an conception of ambivalence, on which ambivalence is unresolved inconsistent desire (§1) and present a case of appropriate ambivalence (§2), before considering two (...) alternative defenses of emotional conflict (§3). We then argue that inconsistent desires can be fitting (§4) and that it can be reasonable not to resolve inconsistent desires (§5), before considering an objection (§6) and concluding the discussion (§7). (shrink)

We argue that the value of authenticity does not explain the value of self-knowledge. There are a plurality of species of authenticity; in this paper we consider four species: avoiding pretense (section 2), Frankfurtian wholeheartedness (section 3), existential self-knowledge (section 4), and spontaneity (section 5). Our thesis is that, for each of these species, the value of (that species of) authenticity does not (partially) explain the value of self-knowledge. Moreover, when it comes to spontaneity, the value of (that species of) (...) authenticity conflicts with the value of self-knowledge. (shrink)

The article reviews different antitheodicies in response to Toby Betenson’s article “Anti-Theodicy”. Antitheodicies involve rejecting the position that God or meaning exist only, if evils have justifying morally sufficient reasons. The article builds on Betenson’s division into moral and conceptual antitheodicies and his characterization of antitheodicies as a metacritique of the problem of evil. Moral antitheodicies are problematic, as they do not address the key conceptual issues and might end up in question-begging or moralism. Dissolving the problem of evil requires (...) a conceptual antitheodicy that exposes its presuppositions as speculative metaphysics. Religious conceptual antitheodicies help to focus on different ways of sense-making that do not fall into theodicism. (shrink)

O desempenho das empresas tem sido estudado sob diferentes perspectivas teóricas, que, em geral a utilizam indicadores econômico-financeiros. Essa abordagem sofre constantes críticas por não contemplar aspectos estratégicos, que podem fornecer informações acerca de vantagem competitiva obtida pela empresa. Fatores macroeconômicos também tendem a impactar de maneira indireta os diferentes setores. Além disso, os setores sofrem esses impactos macroeconômicos conforme o nível de exposição deste às oscilações macroeconômicas. Assim este trabalho buscou analisar como as dimensões de desempenho se relacionam com (...) retorno, para cada setor da bolsa de valores. Para a análise, utilizou-se a modelagem de equações estruturais a partir do software Smart-PLS. Foram utilizados dados do Economática para 82 empresas listadas em 6 setores da B3 no período entre 2011 e 2018. Os resultados indicam que diferentes indicadores compõe os construtos para cada setor analisado, indicando que o retorno tem associações diferentes em cada setor. O construto econômico-financeiro apresenta uma relação positiva na explicação dos retornos para os diferentes setores. Já o construto estratégico relacionou-se positivamente apenas no setor de Materiais Básicos. A dimensão macroeconômica apresentou resultados que evidenciam uma relação negativa com os retornos no período analisado. Assim pode-se apontar que o retorno de cada setor é explicado por diferentes informações, sugerindo que o investidor deve observar critérios específicos de cada setor. Os indicadores macroeconômicos foram similares para os setores analisados, contudo o impacto significativo não pode ser verificado para todos os setores, indicando que existem níveis de exposição diferentes para os setores. Ainda, foram evidenciados tanto efeitos diretos quanto indiretos dos indicadores macroeconômicos sobre o retorno. (shrink)

Norm theory (Kahneman & Miller, 1986) described a tendency for people to associate stronger regret with a negative outcome when it is a result of an exception (abnormal behavior) compared to when it is a result of routine (normal behavior). In two pre-registered studies, we conducted a replication and extension of three classic experiments on past behavior exception/routine contrasts (N = 684). We successfully replicated Kahneman and Miller’s (1986) experiments with the classic hitchhiker-scenario (Part 1) and car accident-scenario (Part 2). (...) In both cases, participants examined negative outcomes and tended to indicate a protagonist who deviated from own past behavior as more regretful than another who followed routine. Pre-registered extensions also showed effects for ratings of social norms, negative affect, and perceived luck. We did not find support for the Miller and McFarland (1986) experiment robbery scenario (Part 3) using a compensation measure, in that compensation to a victim of a robbery was not significantly different comparing exceptional and routine circumstances. However, a pre-registered extension showed that robbery under exceptional circumstances was regretted more than robbery under routine circumstances. We discuss implications for current and future research. (shrink)

In Descartes theological writing, he promotes two jointly puzzling theses: T1) God freely creates the eternal truths (i.e. the Creation Doctrine) and T2) The eternal truths are necessarily true. According to T1 God freely chooses which propositions to make necessary, contingent and possible. However the Creation Doctrine makes the acceptance of T2 tenuous for the Creation Doctrine implies that God could have acted otherwise--instantiating an entirely different set of necessary truths. Jonathan Bennett seeks to reconcile T1 and T2 by relativizing (...) modality to human understanding. I argue that Bennett’s approach to Cartesian modality is misplaced: One does not have to resort to conceptualism about modality in order to explain the subjective language found in Descartes or to reconcile Descartes’ Creation Doctrine with the necessity of the eternal truths. After showing that Bennett’s argument implies that Descartes held the non-eternality of the eternal truths and the independence of the eternal truths from God, I show that if one understands Descartes’ use modal terms as indexed to God’s willing, then apparent contradictions vanish. In addition, I show that if one evaluates the truth value of modal propositions ‘non-bivalently’, then one can also unravel the apparent contradiction. One can reconcile Descartes’ Creation Doctrine (T1) and the necessity of the eternal truths (T2) without Bennett’s conceptualism. (shrink)

Peer disagreement presents religious believers, agnostics, and skeptics alike with an epistemological problem: how can confidence in any religious claims (including their negations) be epistemically justified? There seem to be rational, well-informed adherents among a variety of mutually incompatible religious and non-religious perspectives, and so the problem of disagreement arises acutely in the religious domain. In this paper, we show that the transformative nature of religious experience and identity poses more than just this traditional, epistemic problem of conflicting religious beliefs. (...) In encountering one another, believers, agnostics, and skeptics confront not just different beliefs, but different ways of being a person. -/- To transition between religious belief and skepticism is not just to adopt a different set of beliefs, but to transform into a different version of oneself. We argue that the transformative nature of religious identity intensifies the problem of pluralism by adding a new dimension to religious disagreement, for there are principled reasons to think we can lack epistemic and affective access to our potential religious, agnostic, or skeptical selves. Yet, access to these selves seems to be required for the purposes of decision-making that is to be both rational and authentic. Finally, we reflect on the relationship between the transformative problem of religious disagreement and what it shows about the epistemic status of religious conversion and de-conversion, in which one disagrees with one’s own (transformed) self. (shrink)

Elämä on nähty merkittävänä aiheena Bergsonin filosofiassa. Elämän filosofinen merkitys Bergsonilla ilmenee selvästi hänen pääteoksessaan L'évolution créatrice (Luova evoluutio, 1907), jossa hän keskittyy inhimillisten tietokykyjen evolutiivisen alkuperän rekonstruointiin ja tieto-opillisiin seurauksiin. Bergsonin mukaan biologia tarjoaa filosofialle tietokykyjen kehitysteoreettisen näkökulman, ja filosofia metafysiikkana täsmentää biologialle sopivaa epistemologiaa. Tässä artikkelissa esittelen Bergsonin filosofisen teorian biologian ja epistemologian vastavuoroisesta suhteesta. Aloitan epistemologian, tieteen ja metafysiikan välisen suhteen selventämisellä Bergsonin teoriassa. Sen jälkeen esittelen, kuinka Bergson näkee tietokykyjen kehittymisen olennaisena osana eläinten yleistä kehityshistoriaa. Analysoimalla (...) eläinkunnan kognitiivisten kykyjen kahta taipumusta, älykkyyttä (intelligence) ja vaistoa (instinct), Bergson kehittää näkemyksen metafysiikasta, jonka avulla on mahdollista selvittää epistemologian ja biologian keskinäistä riippuvuutta ja vastavuoroisuutta. Lopuksi valaisen tätä vastavuoroisuutta Bergsonin analyysilla käsitteellisen tiedon muodostumisesta. (shrink)

Background Several jurisdictions, including Singapore, Australia, New Zealand and most recently Ireland, have a public interest or public good criterion for granting waivers of consent in biomedical research using secondary health data or tissue. However, the concept of the public interest is not well defined in this context, which creates difficulties for institutions, institutional review boards and regulators trying to implement the criterion. Main text This paper clarifies how the public interest criterion can be defensibly deployed. We first explain the (...) ethical basis for requiring waivers to only be granted to studies meeting the public interest criterion, then explore how further criteria may be set to determine the extent to which a given study can legitimately claim to be in the public interest. We propose an approach that does not attempt to measure magnitude of benefit directly, but rather takes into account metrics that are more straightforward to apply. To ensure consistent and justifiable interpretation, research institutions and IRBs should also incorporate procedural features such as transparency and public engagement in determining which studies satisfy the public interest requirement. Conclusion The requirement of public interest for consent waivers in secondary biomedical research should be guided by well-defined criteria for systematic evaluation. Such a criteria and its application need to be periodically subject to intra-committee and intra-institution review, reflection, deliberation and amendment. (shrink)

Given the recent explosion of interest in applications of evolutionary biology to understanding human psychology, we think it timely to assure better understanding of modern evolutionary theory among the psychologists who might be using it. We find it necessary to do so because of the very reducd version of evolutionary theorizing that has been incorporated into much of evolutionary psychology so far. Our aim here is to clarify why the use of a reduced version of evolutionary genetics will lead to (...) faulty science and to indicate where other resources of evolutionary biology can be found that might elevate the standard of the evolutionary component of evolutionary psychology. (shrink)

The doctrine of reincarnation is usually associated with Buddhism, Hinduism and other Eastern religions. But it has also been developed in Druzism and Judaism. The doctrine has been used by these traditions to explain the existence of evil within a moral order. Traversing the boundaries between East and West, we explore how Jewish mysticism has employed the doctrine to help answer the problem of evil. We explore the doctrine particularly as we respond to objections against employing it in a theodicy. (...) We show how it supplements traditional punishment, free will and soul-building theodicies, and helps these theodicies avoid various objections. (shrink)

It is important for the theory of knowledge to understand the factors involved in the generation of the capacities of knowledge. In the history of modern philosophy, knowledge is generally held to originate in either one or two sources, and the debates about these sources between philosophers have concerned their existence, or legitimacy. Furthermore, some philosophers have advocated scepticism about the human capacity to understand the origins of knowledge altogether. However, the developmental aspects of knowledge have received relatively little attention (...) both by past philosophers and in current philosophical discussions. This dissertation provides a historical approach to this developmental problem of knowledge by interpreting the developmental theories of knowledge of Maine de Biran (1766–1824) and Henri Bergson (18591941) from the perspective of a theory of the ‘generative factors of knowledge.’ It first studies the philosophies of Maine de Biran and Bergson separately and then brings together and compares the metaphilosophical aims drawn from these philosophers. The dissertation’s novel analysis, provided by its theory and structure, has far-reaching consequences. From a wide point of view, it fills in considerable scholarly gaps and provides great opportunities for future research in the study of the history of philosophy. From more specific points of view, it provides its most decisive contributions in such metaphysical and epistemological topics as the nature of causality, self-generated activity, the role of effort in knowing and learning, the complementary relationship between philosophy and science, and the non-conceptual basis of knowledge. (shrink)

Disagreement is common: even informed, intelligent, and generally reasonable people often come to different conclusions when confronted with what seems to be the same evidence. Can the competing conclusions be reasonable? If not, what can we reasonably think about the situation? This volume examines the epistemology of disagreement. Philosophical questions about disagreement arise in various areas, notably politics, ethics, aesthetics, and the philosophy of religion: but this will be the first book focusing on the general epistemic issues arising from informed (...) disagreement. Ten leading philosophers offer specially written essays which together will offer a starting-point for future work on this topic. (shrink)

The current rise of neurodevelopmental disorders poses a critical need to detect risk early in order to rapidly intervene. One of the tools pediatricians use to track development is the standard growth chart. The growth charts are somewhat limited in predicting possible neurodevelopmental issues. They rely on linear models and assumptions of normality for physical growth data – obscuring key statistical information about possible neurodevelopmental risk in growth data that actually has accelerated, non-linear rates-of-change and variability encompassing skewed distributions. Here, (...) we use new analytics to profile growth data from 36 newborn babies that were tracked longitudinally for 5 months. By switching to incremental (velocity-based) growth charts and combining these dynamic changes with underlying fluctuations in motor performance – as the transition from spontaneous random noise to a systematic signal – we demonstrate a method to detect very early stunting in the development of voluntary neuromotor control and to flag risk of neurodevelopmental derail. (shrink)

Research on the capacity to understand others' minds has tended to focus on representations ofbeliefs,which are widely taken to be among the most central and basic theory of mind representations. Representations ofknowledge, by contrast, have received comparatively little attention and have often been understood as depending on prior representations of belief. After all, how could one represent someone as knowing something if one does not even represent them as believing it? Drawing on a wide range of methods across cognitive science, (...) we ask whether belief or knowledge is the more basic kind of representation. The evidence indicates that nonhuman primates attribute knowledge but not belief, that knowledge representations arise earlier in human development than belief representations, that the capacity to represent knowledge may remain intact in patient populations even when belief representation is disrupted, that knowledge (but not belief) attributions are likely automatic, and that explicit knowledge attributions are made more quickly than equivalent belief attributions. Critically, the theory of mind representations uncovered by these various methods exhibits a set of signature features clearly indicative of knowledge: they are not modality-specific, they are factive, they are not just true belief, and they allow for representations of egocentric ignorance. We argue that these signature features elucidate the primary function of knowledge representation: facilitating learning from others about the external world. This suggests a new way of understanding theory of mind – one that is focused on understanding others' minds in relation to the actual world, rather than independent from it. (shrink)

In this paper, I present my solutions to two closely related questions about pleasure. One of these questions is fairly well known. The second question seems to me to be at least as interesting as the first, but it apparently hasn't interested quite so many philosophers.

Nicola Hoggard Creegan has written a thoughtful and subtle work on the challenge of natural evil to the life of faith in a post-Darwinian age. She contends that “the problem of evil will not be solved just by clever arguments, but also by our stance toward nature and toward God” (8). To this end, Animal Suffering and the Problem of Evil is a work intended to help Christian believers recognize the God of love at work in the universe. Although some (...) might be disappointed that Creegan does not attempt to provide the reader with a theodicy or a reason why God permits natural evil, she does deliver a theologically consistent way for believers to see God’s goodness in the natural world despite the manifest presence of violence and suffering. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

Ethical decision-making frameworks assist in identifying the issues at stake in a particular setting and thinking through, in a methodical manner, the ethical issues that require consideration as well as the values that need to be considered and promoted. Decisions made about the use, sharing, and re-use of big data are complex and laden with values. This paper sets out an Ethics Framework for Big Data in Health and Research developed by a working group convened by the Science, Health and (...) Policy-relevant Ethics in Singapore Initiative. It presents the aim and rationale for this framework supported by the underlying ethical concerns that relate to all health and research contexts. It also describes a set of substantive and procedural values that can be weighed up in addressing these concerns, and a step-by-step process for identifying, considering, and resolving the ethical issues arising from big data uses in health and research. This Framework is subsequently applied in the papers published in this Special Issue. These papers each address one of six domains where big data is currently employed: openness in big data and data repositories, precision medicine and big data, real-world data to generate evidence about healthcare interventions, AI-assisted decision-making in healthcare, public-private partnerships in healthcare and research, and cross-sectoral big data. (shrink)

Advances in behavioral and brain sciences have engendered wide ranging efforts to help understand consciousness. The target article suggests that abstract computational models are ill-advised. This commentary broadens the discussion to include mysteries of subjective experience that are inconsistent with current neuroscience. It also discusses progress being made through demystifying specific cases and pursuing evolutionary considerations.

Most models of generational succession in sexually reproducing populations necessarily move back and forth between genic and genotypic spaces. We show that transitions between and within these spaces are usually hidden by unstated assumptions about processes in these spaces. We also examine a widely endorsed claim regarding the mathematical equivalence of kin-, group-, individual-, and allelic-selection models made by Lee Dugatkin and Kern Reeve. We show that the claimed mathematical equivalence of the models does not hold. *Received January 2007; revised (...) April 2008. †To contact the authors, please write to: Elisabeth Lloyd, Department of History and Philosophy of Science, 130 Goodbody Hall, Indiana University, Bloomington, IN 47405; e-mail: [email protected]; Richard Lewontin, Department of Organismic and Evolutionary Biology, Harvard University, 26 Oxford Street, Cambridge, MA 02138; Marcus Feldman, Department of Biological Sciences, Stanford University, Stanford, CA 94305; e-mail: [email protected]. (shrink)

Substance-abusing women are vulnerable to specific kinds of epistemic injustice, including stigmatization and discrimination. This article examines the development of the epistemic agency of female substance abusers by asking: How does the use of a formal discussion protocol in community rehabilitation interaction alleviate epistemic injustice and strengthen the epistemic agency of substance abusers? The data were collected in a Finnish rehabilitation center by videotaping six group discussions between social workers, peer support workers, and rehabilitation clients with substance abuse problems. Of (...) these data, one recorded group discussion between four female participants—two rehabilitation clients, a peer support worker, and a social adviser—was used in this paper. Using conversational analysis, the findings indicate that, through the collaborative activities of sharing experiential knowledge about substance abuse and discussing the experiences of abuse in the rehabilitation interaction, substance abusers can develop novel ways to strengthen their epistemic agency by enhanced self-awareness. The discussion protocol is an epistemic tool that professionals and clients can learn to use in ethically and epistemologically successful ways in interaction. The use of a discussion protocol is an example of social professionals’ clinical knowledge of intensifying collaboration and sharing experiential knowledge in community rehabilitation and other substance abuse services. (shrink)

We linked between the social-psychology and experimental-philosophy paradigms for the study of folk intuitions and beliefs regarding the concept of free will to answer three questions: (1) what intuitions do people have about free-will and determinism? (2) do free will beliefs predict differences in free-will and determinism intuitions? and (3) is there more to free-will and determinism than experiencing certainty or uncertainty about the nature of the universe? Overall, laypersons viewed the universe as allowing for human indeterminism, and they did (...) so with certainty. Examining intuitions of prosociality, future-orientation, learning, meaningfulness, human uniqueness, and well-being, ratings were highest in the indeterministic universe condition and lowest in the deterministic universe condition, both significantly different from the uncertain universe condition. Participants’ free will beliefs had only weak impact on realism, happiness, and learning intuitions, but did not reverse the general intuition favoring indeterminism, and showed no impact on other intuitions. (shrink)

I. EXECUTIVE SUMMARY The MRCT Center Post-trial Responsibilities: Continued Access to an Investigational Medicine Framework outlines a case-based, principled, stakeholder approach to evaluate and guide ethical responsibilities to provide continued access to an investigational medicine at the conclusion of a patient’s participation in a clinical trial. The Post-trial Responsibilities (PTR) Framework includes this Guidance Document as well as the accompanying Toolkit. A 41-member international multi-stakeholder Workgroup convened by the Multi-Regional Clinical Trials Center of Brigham and Women’s Hospital and Harvard University (...) (MRCT Center) developed this Guidance and Toolkit. Project Motivation A number of international organizations have discussed the responsibilities stakeholders have to provide continued access to investigational medicines. The World Medical Association, for example, addressed post-trial access to medicines in Paragraph 34 of the Declaration of Helsinki (WMA, 2013): “In advance of a clinical trial, sponsors, researchers and host country governments should make provisions for post-trial access for all participants who still need an intervention identified as beneficial in the trial. This information must also be disclosed to participants during the informed consent process.” This paragraph and other international guidance documents converge on several consensus points: • Post-trial access (hereafter referred to as “continued access” in this Framework [for terminology clarification – see definitions]) is the responsibility of sponsors, researchers, and host country governments; • The plan for continued access should be determined before the trial begins, and before any individual gives their informed consent; • The protocol should delineate continued access plans; and • The plan should be transparent to potential participants and explained during the informed consent process. -/- However, there is no guidance on how to fulfill these responsibilities (i.e., linking specific responsibilities with specific stakeholders, conditions, and duration). To fill this gap, the MRCT Center convened a working group in September of 2014 to develop a framework to guide stakeholders with identified responsibilities. This resultant Framework sets forth applicable principles, approaches, recommendations and ethical rationales for PTR regarding continued access to investigational medicines for research participants. (shrink)

I propose a novel model of the human ego (which I define as the tendency to measure one’s value based on extrinsic success rather than intrinsic aptitude or ability). I further propose the conjecture that ego so defined both is a non-adaptive by-product of evolutionary pressures, and has some evolutionary value as an adaptation (protecting self-interest). I explore ramifications of this model, including how it mediates individuals’ reactions to perceived and actual limits of their power, their ability to cope with (...) risk and uncertainty, and how this model may interpolate between rational choice models and cognitive psychology. I develop numerous examples and applications, including poverty traps, to demonstrate the model’s predictive power to elucidate a broad range of social phenomena. -/- [December 2018: Updated version to submit for publication. Expanded Sections 4 and 5.1, revised Section 5.7] -/- . (shrink)

Critics of Institutional Review Board (IRB) practices often base their charges on the claim that IRB review began with and is premised upon a "medical model" of research, and hence a "medical model" of risk. Based on this claim, they charge that IRB review, especially in the institutional Reviw boardsocial and behavioral sciences, has experienced "mission creep". This paper argues that this line of critique is fundamentally misguided. While it remains unclear what critics mean by "medical model", the point of (...) contemporary human research subjects regulation remains the same across all domains of research. That point is to protect the autonomy of human subjects, primarily through the use of informed consent. In fields as different as biomedical self-experimentation and ethnography there is the danger of losing sight of subjects' autonomy. Critiques of the so-called medical model are sometimes libertarian and sometimes utilitarian in spirit. Either way, such critiques have not yet demonstrated that these philosophical schools of thought have the resources to guard against the potential risk of harm that lexically prioritizing the autonomy of human subjects does. Precisely because IRB review recognizes that human subjects research occurs in different fields using different research methods, IRB review requires researchers to explain their particular methods, the particular risks of harm created by these methods, and the implementation of procedures by which subjects may autonomously consent to precisely those risks. (shrink)

Some are skeptical about the possibility of objectivity in law. In this article, I argue that common law legal adjudication can yield objective judgments, based on a legitimate conception of objectivity, one that shares in the kind of objectivity available to scientific and ethical judgments.

Science is a crowning glory of the human spirit and its applications remain our best hope for social progress. However, there are limitations to existing science and perhaps to any science. The general mind-body problem is known to be currently intractable and mysterious (8). This is one of many deep problems that are generally agreed to be beyond the present purview of Science, including many quantum phenomena, etc. However, all of these famous unsolved problems are either remote from everyday experience (...) (entanglement, dark matter) or are hard to even define sharply (phenomenology, consciousness, etc.). In this note, we will consider some computational problems in vision that arise every time that we open our eyes and yet are demonstrably inconsistent with current theories of neural computation. The focus will be on two famous related phenomena, known as the neural binding problem and the experience of a detailed stable visual world. I, among many others, have struggled with these issues for more than fifty years (1, 2, 3). Somewhat paradoxically, the continuing progress in scientific methods and knowledge reveals that these are both unsolvable within existing neuroscience. By considering some basic facts about how the brain processes image input, we will show that, under the standard theory, there are not nearly enough brain neurons to compute what we experience as vision. Inconsistencies like the ones shown here have had a profound effect on paradigm change in the sciences. More directly, the discussions below suggest possible new theories and experiments. (shrink)

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...) aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

A book review on Riku Juti's book "Johdatus Metafysiikkaan" (An Introduction to Metaphysics).

Most epistemologists maintain that true beliefs are of final epistemic value. However, Richard Feldman is a rare philosopher who is skeptical that true beliefs are of final epistemic value. The aim of this paper is to evaluate Feldman’s criticisms. I’ll argue that Feldman’s arguments ultimately turn on a view about the relation between epistemic duties and epistemic value that is implausible and underdeveloped.

In his critical notice entitled ‘An Improved Whole Life Satisfaction Theory of Happiness?’ focusing on my article that was previously published in this journal, Fred Feldman raises an important objection to a suggestion I made about how to best formulate the whole life satisfaction theories of happiness. According to my proposal, happiness is a matter of whether an idealised version of you would judge that your actual life corresponds to the life-plan, which he or she has constructed for you (...) on the basis of your cares and concerns. Feldman argues that either the idealised version will include in the relevant life-plan only actions that are possible for you to do or he or she will also include actions and outcomes that are not available for you in the real world. He then uses examples to argue that both of these alternatives have implausible consequences. In response to this objection, I argue that what it is included in the relevant life-plan depends on what you most fundamentally desire and that this constraint is enough to deal with Feldman’s new cases. (shrink)

Review of Graeme Laurie, Genetic Privacy: A Challenge to Medico-Legal Norms.

A critical review of Fred Feldman's What is This Thing Called Happiness? which includes a partial defence of the life satisfaction theory of happiness.

In a chapter from his book, "Confrontation with the Reaper," Feldman critiques Epicurus' assertion that nothing inherently negative befalls us after death. However, it is essential to note that the Epicurean argument is more nuanced than Feldman suggests. In this chapter, Feldman undertakes a comprehensive revision of the Epicurean argument, incorporating numerous assumptions supported by evidence to comprehend it. This multiplicity of revisions makes it challenging to trace how Feldman distorts the original Epicurean argument. In this (...) paper, I will endeavor to reconstruct Feldman's line of reasoning, focusing on his conclusion, which posits that death, by depriving the deceased of the intrinsic value of life, introduces an extrinsic evil. According to this view, had death not occurred, the person would have continued to enjoy the intrinsic value of life. However, it is arguable that death does not deprive a person of the intrinsic good inherent in life because, without death, one would still have the opportunity to experience the intrinsic value of life. This perspective finds support in the examples I present to counter Feldman's conclusion: the cases of a cancer patient, a devout Christian, and a Buddhist philosopher who all met their demise. (shrink)

Review of Graeme Laurie, Genetic Privacy.

A review of Feldman's "What is this thing called happiness"?

The fact that Dewey was born the same year in which Darwin’s On the Origin of Species was published is one of the historical coincidences most commonly mentioned by those interested in American philosophy. Such lack of originality—mine included—is perfectly justified by the fact that pragmatism would not exist, at least not as we know it, without Darwin. The intersection between philosophy and evolutionary theories has been amply explored. In this book, Beth L. Eddy offers us an additional examination, (...) focused, this time, on the contribution of Darwinism and pragmatism to ethics.Eddy begins by examining the context in which Darwinism emerged and the two contrasting ethical standpoints derived from it, namely... (shrink)

R. Feldman defends a general principle about evidence the slogan form of which says that ‘evidence of evidence is evidence’. B. Fitelson considers three renditions of this principle and contends they are all falsified by counterexamples. Against both Feldman and Fitelson, J. Comesaña and E. Tal show that the third rendition––the one actually endorsed by Feldman––isn’t affected by Fitelson’s counterexamples, but only because it is trivially true and thus uninteresting. Tal and Comesaña defend a fourth version of (...) Feldman’s principle, which––they claim––has not yet been shown false. Against Tal and Comesaña I show that this new version of Feldman’s principle is false. (shrink)

Ordinary and philosophical thought suggests recognizing a distinction between two ways something can be of final value. Something can be of final value in virtue of its connection to other things of value (“non-basic final value”) or something can be of final value regardless of its connection to other things of value (“basic final value”). The primary aim of this paper is to provide an account of this distinction. I argue that we have reason to draw this distinction as it (...) helps avoid certain problems. I criticize accounts of this distinction due to Warren Quinn, Fred Feldman, and Michael Zimmerman. I then provide my own positive account which incorporates several of the insights of those accounts while avoiding their pitfalls. I conclude by relating my account to issues concerning partiality and appropriate attitudes. (shrink)