In the science of consciousness, it’s oftentimes assumed that some creatures (or mental states) are more conscious than others. But in recent years, a number of philosophers have argued that the notion of degrees of consciousness is conceptually confused. This paper (1) argues that the most prominent objections to degrees of consciousness are unsustainable, (2) examines the semantics of ‘more conscious than’ expressions, (3) develops an analysis of what it is for a degreed property to count as degrees of consciousness, (...) and (4) applies the analysis to various theories of consciousness. I argue that whether consciousness comes in degrees ultimately depends on which theory of consciousness turns out to be correct. But I also argue that most theories of consciousness entail that consciousness comes in degrees. (shrink)

This paper develops a theory of analog representation. We first argue that the mark of the analog is to be found in the nature of a representational system’s interpretation function, rather than in its vehicles or contents alone. We then develop the rulebound structure theory of analog representation, according to which analog systems are those that use interpretive rules to map syntactic structural features onto semantic structural features. The theory involves three degree-theoretic measures that capture three independent ways in which (...) a system can be more or less analog. We explain how our theory improves upon prior accounts of analog representation, provides plausible diagnoses for novel challenge cases, extends to hybrid systems that are partially analog and partially symbolic, and accounts for some of the advantages and disadvantages of representing analogically versus symbolically. (shrink)

Some philosophers think that life is worth living not merely because of the goods and the bads within it, but also because life itself is good. I explain how this idea can be formalized by associating each version of such of a view with a function from length of life to the value generated by life itself. Then I argue that every version of the view that life itself is good faces some version of the following dilemma: either (1) good (...) human lives are worse than very long lives wholly devoid of pleasure, desire-satisfaction, knowledge, or any other goods, or (2) very short lives containing nothing but suffering are worth living. Since neither result is plausible, we ought to reject the view that life itself is good. On the view I favor, any given life may be worth living because of the goods that it contains, but life itself is neutral. (shrink)

This paper examines the idea of "objective phenomenology," or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...) objective. I also argue that structural facts about experience, despite being objective, nevertheless still give rise to an explanatory gap. (shrink)

Conscious experiences are characterized by mental qualities, such as those involved in seeing red, feeling pain, or smelling cinnamon. The standard framework for modeling mental qualities represents them via points in geometrical spaces, where distances between points inversely correspond to degrees of phenomenal similarity. This paper argues that the standard framework is structurally inadequate and develops a new framework that is more powerful and flexible. The core problem for the standard framework is that it cannot capture precision structure: for example, (...) consider the phenomenal contrast between seeing an object as crimson in foveal vision versus merely as red in peripheral vision. The solution I favor is to model mental qualities using regions, rather than points. I explain how this seemingly simple formal innovation not only provides a natural way of modeling precision, but also yields a variety of further theoretical fruits: it enables us to formulate novel hypotheses about the space and structures of mental qualities, formally differentiate two dimensions of phenomenal similarity, generate a quantitative model of the phenomenal sorites, and define a measure of discriminatory grain. A noteworthy consequence is that the structure of the mental qualities of conscious experiences is fundamentally different from the structure of the perceptible qualities of external objects. (shrink)

Many philosophers accept both of the following claims: (1) consciousness matters morally, and (2) species membership doesn’t matter morally. In other words, many reject speciesism but accept what we might call 'sentientism'. But do the reasons against speciesism yield analogous reasons against sentientism, just as the reasons against racism and sexism are thought to yield analogous reasons against speciesism? This paper argues that speciesism is disanalogous to sentientism (as well as racism and sexism). I make a case for the following (...) asymmetry: (a) some non-humans clearly have interests, but (b) no non-conscious entities clearly have interests. This asymmetry, I argue, renders sentientism resistant to the standard argument against speciesism. (shrink)

Many of the benefits and burdens we might experience in our lives — from bank loans to bail terms — are increasingly decided by institutions relying on algorithms. In a sense, this is nothing new: algorithms — instructions whose steps can, in principle, be mechanically executed to solve a decision problem — are at least as old as allocative social institutions themselves. Algorithms, after all, help decision-makers to navigate the complexity and variation of whatever domains they are designed for. In (...) another sense, however, this development is startlingly new: not only are algorithms being deployed in ever more social contexts, they are being mechanically executed not merely in principle, but pervasively in practice. Due to recent advances in computing technology, the benefits and burdens we experience in our lives are now increasingly decided by automata, rather than each other. How are we to morally assess these technologies? In this chapter, I propose a preliminary conceptual schema for identifying and locating the various injustices of automated, algorithmic social decision systems, from a broadly liberal perspective. (shrink)

The normativity of so-called “coherence” or “structural” requirements of rationality has been hotly debated in recent years. However, relatively little has been said about the nature of structural rationality, or what makes a set of attitudes structurally irrational, if structural rationality is not ultimately a matter of responding correctly to reasons. This paper develops a novel account of incoherence (or structural irrationality), critically examining Alex Worsnip’s recent account. It first argues that Worsnip’s account both over-generates and under-generates incoherent patterns of (...) attitudes, and then proposes an alternative that both avoids these problems and captures a crucial insight behind Worsnip’s account. According to this account, a set of attitudes is incoherent just in case having all of the attitudes in that set is incompatible with reacting to a question in a way that one is, in virtue of having the attitudes, committed to. (shrink)

Epistemic injustices are wrongs that agents can suffer in their capacity as knowers. In this article, I offer a conceptualisation of a phenomenon I call anticipatory epistemic injustice, which I claim is a distinct and particularly pernicious type of epistemic injustice worthy of independent analysis. I take anticipatory epistemic injustice to consist in the wrongs that agents can suffer as a result of anticipated challenges in their process of taking up testimony-sharing opportunities. I distinguish my account from paradigmatic cases of (...) epistemic injustice, such as Miranda Fricker’s concepts of testimonial injustice and hermeneutical injustice; additionally, I differentiate my view from Kristie Dotson’s account of testimonial smothering. I argue, ultimately, that anticipatory epistemic injustice is a useful addition to our current taxonomy of epistemic injustices, as it has promising explanatory potential for a range of non-standard cases of epistemic injustice. (shrink)

I assess a number of connected ideas about temporal experience that are introspectively plausible, but which I believe can be argued to be incorrect. These include the idea that temporal experiences are extended experiential processes, that they have an internal structure that in some way mirrors the structure of the apparent events they present, and the idea that time in experience is in some way represented by time itself. I explain how these ideas can be developed into more sharply defined (...) views, and then argue that these views are inconsistent with certain empirical facts about how time is represented in the brain. These facts instead support a kind of atomic view, on which temporal experiences are temporally unstructured atoms. (shrink)

I argue that experiences can have microphenomenal structures, where the macrophenomenal properties we introspect are realized by non-introspectible microphenomenal properties. After explaining what it means to ascribe a microstructure to experience, I defend the thesis against its principal philosophical challenge, discuss how the thesis interacts with other philosophical issues about experience, and consider our prospects for investigating the microphenomenal realm.

Some cases show that counterfactual conditionals (‘counterfactuals’ for short) are inherently ambiguous, equivocating between forward-tracking and backtracking counterfactu- als. Elsewhere, I have proposed a causal modeling semantics, which takes this phenomenon to be generated by two kinds of causal manipulations. (Lee 2015; Lee 2016) In an important paper (Hiddleston 2005), Eric Hiddleston offers a different causal modeling semantics, which he claims to be able to explain away the inherent ambiguity of counterfactuals. In this paper, I discuss these two semantic treatments (...) and argue that my (bifurcated) semantics is theoretically more promising than Hiddleston’s (unified) semantics. (shrink)

Are a material object, such as a statue, and its constituting matter, the clay, parts of one another? One wouldn't have thought so, and yet a number of philosophers have argued that they are. I review the arguments for this surprising claim showing how they all fail. I then consider two arguments against the view concluding that there are both pre-theoretical and theoretical considerations for denying that the statue and the clay are mutual parts.

I sketch here an intuitive picture of repeatable artworks as created types, which are individuated in part by historical paths (re)production. Although attractive, this view has been rejected by a number of authors on the basis of general claims about abstract objects. On consideration, however, these general claims are overgeneralizations, which whilst true of some abstracta, are not true of all abstract objects, and in particular, are not true of created types. The intuitive picture of repeatable artworks as created types (...) is, then, left in place. (shrink)

Ascribing autonomous status to agents is a valuable practice. As such, we ought to care about how we engage in practices of autonomy ascription. However, disagreement between first-personal experiences of an agent's autonomy and third-personal determinations of their autonomy presents challenges of ethical and epistemic concern. My view is that insights from a dialogical rather than nondialogical account of autonomy give us the resources to combat the challenges associated with autonomy ascription. I draw on Andrea Westlund's account of dialogical autonomy—on (...) which autonomy requires a dialogical disposition to hold oneself answerable to external critical perspectives—to make my case. (shrink)

Is A & C sufficient for the truth of ‘if A were the case, C would be the case’? Jonathan Bennett thinks not, although the counterexample he gives is inconsistent with his own account of counterfactuals. In any case, I argue that anyone who accepts the case of Morgenbesser's coin, as Bennett does, should reject Bennett’s counterexample. Moreover, I show that the principle underlying his counterexample is unmotivated and indeed false. More generally, I argue that Morgenbesser’s coin commits us to (...) the sufficiency of A & C for the truth of the corresponding counterfactual. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I examine (...) the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

Are counterfactuals with true antecedents and consequents automatically true? That is, is Conjunction Conditionalization: if (X & Y), then (X > Y) valid? Stalnaker and Lewis think so, but many others disagree. We note here that the extant arguments for Conjunction Conditionalization are unpersuasive, before presenting a family of more compelling arguments. These arguments rely on some standard theorems of the logic of counterfactuals as well as a plausible and popular semantic claim about certain semifactuals. Denying Conjunction Conditionalization, then, requires (...) rejecting other aspects of the standard logic of counterfactuals, or else our intuitive picture of semifactuals. (shrink)

The standard semantics for counterfactuals ensures that any counterfactual with a true antecedent and true consequent is itself true. There have been many recent attempts to amend the standard semantics to avoid this result. I show that these proposals invalidate a number of further principles of the standard logic of counterfactuals. The case against the automatic truth of counterfactuals with true components does not extend to these further principles, however, so it is not clear that rejecting the latter should be (...) a consequence of rejecting the former. Instead I consider how one might defuse putative counterexamples to the truth of true-true counterfactuals. (shrink)

I give an account of the difference between "Holistic" and "Atomistic" views of conscious experience. On the Holistic view, we enjoy a unified "field" of awareness, whose parts are mere modifications of the whole, and therefore owe their existence to the whole. There is some tendency to saddle those who reject the Holistic field model with a (perhaps) implausible "building block" view. I distinguish a number of different theses about the parts of an experience that are suggested by the "building (...) block" metaphor, but which can be rejected by those who also reject the holistic field view. (shrink)

Nguyen argues that only his radically pragmatic account and Sterken’s indexical account can capture what we call the positive data. We present some new data, which we call the negative data, and argue that no theory of generics on the market is compatible with both the positive data and the negative data. We develop a novel version of the indexical account and show that it captures both the positive data and the negative data. In particular, we argue that there is (...) a semantic constraint that, in any context, the semantic value of GEN is upward monotone and non-symmetric. On the other hand, the pragmatic account has difficulty accommodating the negative data. This is because no pragmatic principles have been developed that can explain the negative data. In the paper, we focus on only the pragmatic account and the indexical account, but our discussion has broad implications for the debate on generics: any empirically adequate accounts of generics must be flexible enough to accommodate the positive data and yet constrained enough to accommodate the negative data. (shrink)

I discuss whether "sentience" (i.e., phenomenal consciousness) comes in degrees.

Christian B. Miller has noted a “realism challenge” for virtue ethicists to provide an account of how the character gap between virtuous agents and non-virtuous agents can be bridged. This is precisely one of Han Feizi’s key criticisms against Confucian virtue ethics, as Eric L. Hutton argues, which also cuts across the Aristotelian one: appealing to virtuous agents as ethical models provides the wrong kind of guidance for the development of virtues. Hutton, however, without going into detail, notes that the (...) notion of rituals in the Confucian tradition may be able to sidestep Han Feizi’s criticism. In this essay, I wish to explore not only how the notion of rituals, alongside its corollaries in Xunzi’s Confucian program for ethical cultivation, indeed addresses Han Feizi’s criticism, but also observe that Aristotle’s tragic poetry plays functionally equivalent roles in his own understanding of ethical upbringing. I will begin by considering Han Feizi’s critique of ethical cultivation in virtue ethics as such and how it poses a specific problem for the acquisition of the ‘constitutive reasoning’ shared by Aristotle and Xunzi. I will then briefly note that this problem trades on the synthetic structure of human nature found in both Aristotle and Xunzi (the rational/irrational parts of the soul and the heartmind/five faculties), which grounds the way they understand ethical action and agency. Finally, I will suggest how both Aristotle and Xunzi understand the role of the arts in their extensive programme of ethical cultivation, allowing them to respond to Han Feizi’s attack as too narrow a construal of their respective ethical projects. It is hoped that, through this, we may gain a better sense of how more recent virtue ethicists may similarly draw on aesthetic resources for ethical development. (shrink)

Moti Mizrahi (2013) presents some novel counterexamples to Hypothetical Syllogism (HS) for indicative conditionals. I show that they are not compelling as they neglect the complicated ways in which conditionals and modals interact. I then briefly outline why HS should nevertheless be rejected.

A response to a declaration in 'Le Monde', 'Luttons efficacement contre les théories du complot' by Gérald Bronner, Véronique Campion-Vincent, Sylvain Delouvée, Sebastian Dieguez, Karen Douglas, Nicolas Gauvrit, Anthony Lantian, and Pascal Wagner-Egger, published on June the 6th, 2016.

I present and discuss a counterexample to Kendall Walton's necessary condition for fictionality that arises from considering serial fictions. I argue that although Walton has not in fact provided a necessary condition for fictionality, a more complex version of Walton's condition is immune from the counterexample.

I offer some responses to Prosser’s ‘Experiencing Time’, one of whose goals is to debunk a view of temporal experience somewhat prevalent in the metaphysics literature, which I call ‘Perceptualism’. According to Perceptualism: it is part of the content of perceptual experience that time passes in a metaphysically strong sense: the present has a metaphysically privileged status, and time passes in virtue of changes in which events this ‘objective present’ highlights, and moreover this gives us evidence in favor of strong (...) passage. Prosser argues that perception cannot be sensitive to whether the strong passage obtains, and therefore cannot represent strong passage in a way that gives us evidence of its truth. Although I accept this conclusion, I argue that Prosser’s argument for it is problematic. It threatens to over-generalize to rule out uncontroversial cases of perceptual knowledge, such as our knowledge that we live in a spatial world. Furthermore, a successful argument ruling out perceptual evidence for strong passage would have to give constraints on the theory/observation distinction of a kind not provided by Prosser’s discussion. I also comment on several other parts of the book. (shrink)

This introduction to the Journal of Business Research special issue on anti-consumption briefly defines and highlights the importance of anticonsumption research, provides an overview of the latest studies in the area, and suggests an agenda for future research on anti-consumption.

The debate over Hypothetical Syllogism is locked in stalemate. Although putative natural language counterexamples to Hypothetical Syllogism abound, many philosophers defend Hypothetical Syllogism, arguing that the alleged counterexamples involve an illicit shift in context. The proper lesson to draw from the putative counterexamples, they argue, is that natural language conditionals are context-sensitive conditionals which obey Hypothetical Syllogism. In order to make progress on the issue, I consider and improve upon Morreau’s proof of the invalidity of Hypothetical Syllogism. The improved proof (...) relies upon the semantic claim that conditionals with antecedents irrelevant to the obtaining of an already true consequent are themselves true. Moreover, this semantic insight allows us to provide compelling counterexamples to Hypothetical Syllogism that are resistant to the usual contextualist response. (shrink)

In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...) by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)

We propose an approach to the question of how qualia fit into the physical world, in the context of a relational and realist completion of quantum theory, called the causal theory of views\cite{views}. This is a combination of an approach to a dynamics of discrete causal structures, called energetic causal sets, developed with M. Cortes, with a realist approach to quantum foundations, called the real ensemble formulation. In this theory, the beables are the information available at each event from its (...) causal past, such as its causal predessesors and the energy and momentum they transfer to the event. We call this the view of an event. That is, we describe a causal universe that is composed of a set of partial views of itself. We propose that conscious perceptions are aspects of some views. This addresses the problem of why consciousness always involves awareness of a bundled grouping of qualia that define a momentary self. This gives a restricted form of panpsychism defined by a physically based selection principle which selects which views have experiential aspects. We further propose that only those views which are novel, in the sense that they are not duplicates of the view of any event in the event's own causal past, are the physical correlates of conscious experience. (shrink)

Psychologists and philosophers have not yet resolved what they take implicit attitudes to be; and, some, concerned about limitations in the psychometric evidence, have even challenged the predictive and theoretical value of positing implicit attitudes in explanations for social behavior. In the midst of this debate, prominent stakeholders in science have called for scientific communities to recognize and countenance implicit bias in STEM fields. In this paper, I stake out a stakeholder conception of implicit bias that responds to these challenges (...) in ways that are responsive to the psychometric evidence, while also being resilient to the sorts of disagreements and scientific progress that would not undermine the soundness of this call. Along the way, my account advocates for attributing collective (group-level) implicit attitudes rather than individual-level implicit attitudes. This position raises new puzzles for future research on the relationship (metaphysical, epistemic, and ethical) between collective implicit attitudes and individual-level attitudes. (shrink)

Researchers have recognized that interpersonal trust consists of different dimensions. These dimensions suggest that trust can be rational, cognitive, or affective. Affect, which includes moods and emotions, is likely to have a direct impact on the affective dimension. On the other hand, there are also studies showing that affect indirectly influence cognitive judgments. Nonetheless, in this chapter we argue that the impact of affect on judgment will not be the same on all individuals. In effect, the impact varies, depending on (...) the individual's attention to affect, motivation to use or guard against affect, or regulation of affect. All this may suggest that an individual's abilities or tendencies to manage affect will have implication on his or her trust relationships with others. (shrink)

Totalitarianism is perhaps unanimously regarded as one of the greatest political evils of the last century and has been the grounds for much of Anglo-American political theory since. Confucianism, meanwhile, has been gaining credibility in the past decades among sympathizers of democratic theory in spite of criticisms of it being anti-democratic or authoritarian. I consider how certain key concepts in the classical Confucian texts of the Mencius and the Xunzi might or might not be appropriated for ‘legitimising’ totalitarian regimes. Under (...) an Arendtian approach to understanding totalitarianism, it is precisely an unproblematised relation to a normative History and Nature that underlies the potential compatibility or incompatibility. I argue against a longstanding prejudice that if any form of Confucianism would be totalitarian, it would have to be Xunzian. Against this, I hope to show that if any form of Confucianism would be totalitarian, it might well be a naturalistic Mencian Confucianism instead of a constructivist Xunzian one. (shrink)

Recent studies show that racism still exists in the American medical profession, the fact of which legitimizes the historically long-legacy of mistrust towards medical profession and health authorities among African Americans. Thus, it was suspected that the participation of black patients in end-of-life care has always been significantly low stemmed primarily from their mistrust of the medical profession. On the other hand, much research finds that there are other reasons than the mistrust which makes African Americans feel reluctant to the (...) end-of-life care, such as cultural-religious difference and genuine misunderstanding of the services. If so, two crucial questions are raised. One is how pervasive or significant the mistrust is, compared to the other factors, when they opt out of the end-of-life care. The other is if there is a remedy or solution to the seemingly broken relationship. While no studies available answer these questions, we have conducted an experiment to explore them. The research was performed at two Philadelphia hospitals of Mercy Health System, and the result shows that Black patients’ mistrust is not too great to overcome and that education can remove the epistemic obstacles as well as overcome the mistrust. (shrink)

It is often suggested that when opinions differ among individuals in a group, the opinions should be aggregated to form a compromise. This paper compares two approaches to aggregating opinions, linear pooling and what I call opinion agglomeration. In evaluating both strategies, I propose a pragmatic criterion, No Regrets, entailing that an aggregation strategy should prevent groups from buying and selling bets on events at prices regretted by their members. I show that only opinion agglomeration is able to satisfy the (...) demand. I then proceed to give normative and empirical arguments in support of the pragmatic criterion for opinion aggregation, and that ultimately favor opinion agglomeration. (shrink)

I reply to Ahmed’s rejection (2011) of my argument (Walters 2009) that all counterfactuals with true antecedents and consequents are themselves true.

The question of authenticity centers in the lives of women of color to invite and restrict their representative roles. For this reason, Gayatri Chakravorty Spivak and Uma Narayan advocate responding with strategic essentialism. This paper argues against such a strategy and proposes an epistemic understanding of the question of authentic- ity. The question stems from a kernel of truth—the connection between experience and knowledge. But a coherence theory of knowledge better captures the sociality and the holism of experience and knowledge.

Under the traditional system of peer-reviewed publication, the degree of prestige conferred to authors by successful publication is tied to the degree of the intellectual rigor of its peer review process: ambitious scientists do well professionally by doing well epistemically. As a result, we should expect journal editors, in their dual role as epistemic evaluators and prestige-allocators, to have the power to motivate improved author behavior through the tightening of publication requirements. Contrary to this expectation, I will argue that the (...) publication bias literature in academic medicine demonstrates that editor interventions have had limited effectiveness in improving the health of the publication and trial registration record, suggesting that much stronger interventions are needed. (shrink)

The emphasis on evidence based medicine (EBM) has placed increased focus on finding timely answers to clinical questions in presence of patients. Using a combination of natural language processing for the generation of clinical excerpts and information theoretic distance based clustering, we evaluated multiple approaches for the efficient presentation of context-sensitive EBM excerpts.

Andrew McGonigal presents some interesting data concerning truth in serial fictions.1 Such data has been taken by McGonigal, Cameron and Caplan to motivate some form of contextualism or relativism. I argue, however, that many of these approaches are problematic, and that all are under-motivated as the data can be explained in a standard invariantist semantic framework given some independently plausible principles.

It seems certain that one day we will allow the genetic technology which will enhance our offspring. A highly effective new tool, called CRISPR, which allows for carving out genes, is already being used to edit the genomes of animals. In July 2017, the FDA legalized that germline drugs for therapeutic purposes could be sold in the market. It is a high time, now, that we need engage in discussions about the ethics of germline intervention. To contribute to the discussion (...) by showing our thought and to educate the public, we write this paper. (shrink)

Recent work in the philosophy of emotion focuses on challenging dualistic conceptualizations. Three of the most obvious dualisms are the following: 1. emotion opposes reason; 2. emotion is subjective, while reason is objective; 3. emotion lies internal to the subject, while reason is external. With challenges to these dualisms, one of the more interesting questions that has surfaced is the idea of emotional appropriateness in a particular context. Here, consider a widely held belief in the United States associates racialized groups (...) with specific emotions—most notably African American women with anger. Clearly these emotional attributions are essentialistic--and hence racist. But this response is too easy. The acknowledgement that emotion lies both internally in the subject and externally in the world opens the possibility of attributing an emotional temperament to a population group. Yet if an identity group has an emotional temperament, can they be accountable for emotionally appropriate behavior? (shrink)

This essay introduces the philosophy of legal information (PLI), which is a response to the radical changes brought about in philosophy by the information revolution. It reviews in some detail the work of Luciano Floridi, who is an influential advocate for an information turn in philosophy that he calls the philosophy of information (PI). Floridi proposes that philosophers investigate the conceptual nature of information as it currently exists across multiple disciplines. He shows how a focus on the informational nature of (...) traditional philosophical questions can be transformative for philosophy and for human self-understanding. The philosophy of legal information (PLI) proposed here views laws as a body of information that is stored, manipulated, and analyzed through multiple methods, including the computational methodologies. PLI offers resources for evaluating the ethical and political implications of legal infomatics (also known as "legal information systems"). -/- This essay introduces PLI. Parts I and II describe Floridi's philosophy of information. First, Part I introduces the transformation in the concept of information that occurred in the twentieth century through the work of Alan Turning and Claude Shannon. Part II describes Floridi's approaches to traditional questions in epistemology, ontology, and ethics. Part III applies PI to the analysis of legal positivism. It suggests that PLI is a viable project that has potential for transforming the understanding law in the information age. -/- . (shrink)

Investigating an actual case that occurred in a New York state hospital where an Orthodox Jewish patient’s legal proxy demands that the clinicians and hospital administrators should provide aggressive treatment with all available technological resources for the seemingly brain-dead patient with a medically futile condition. The authors argue that a health care policy or regulation should be developed to limit patient’s access to technology in critical care. Otherwise, we will be allowing society to issue a carte blanche to religious autonomy (...) by technology abuse. It is argued that religious autonomy should be restricted when its demand exhibits apparent logical absurdity and/or goes against the common survival of the entire population. (shrink)

The concept and the logic of the political, the most notable Schmittian ideas, based on the friend/enemy distinction and his thought on political theology have been widely and critically discussed and actively appropriated with various interpretations. On the other hand, we find that there is certain definite momentum piercing through the theoretical structure of Husserl’s phenomenology in general both as a form of metaphysics and as a philosophical movement, which can also be called the political. In this circumstance, we find (...) the Schmittian logic of the political together with his idea of political theology specifically serviceable for an effective visualization of the political characteristically structured in Husserl’s system, particularly in the concepts of transcendental subjectivity and universal critique. This paper argues that Husserl’s phenomenological critical subject is fundamentally a politico-theological subject and is an attempt to show to what extent and in what way Schmitt can be strategically utilized to make manifest the politicality that we discover as something that structurally inheres in Husserlian notion of subjectivity and critique. *. (shrink)

Addressing the question of how medicine should engage with people who consider their clinical disease condition to be importantly constitutive of their identity, this article focuses on one group—advocates for the fat acceptance (FA) or body positivity movement in American society. Drawing on philosophical analysis, I try to show that FA and physician communities represent different traditions within the larger culture and that whether obesity should be considered a disease is a culture battle. I argue that diseases (medical) and illnesses (...) (cultural) are 2 different designations of clinical symptoms and that both disease and illness designations can change over time or be uncertain. (shrink)