In his note 'Paul Russell on Hume's "Reconciling Project"' {Mind, 1984, pp. 587-8) Professor Flew makes two criticisms of my note 'On the Naturalism of Hume's "Reconciling Project"' {Mind, 1983, pp. 593-600). They are: (1) that 'nowhere does Russell take note of the fact that Hume left us two treatments "Of Liberty and Necessity", two treatments which are at least in emphases andtone of presentation very different'; and (2) that I must be 'prepared to offer and to defend some alternative (...) reading' of the first three paragraphs of the first Enquiry discussion 'Of Liberty and Necessity' where Hume suggests that 'the wholecontroversy has hitherto turned merely upon words' {EHU, p. 81—my emphasis: this and later page references are to the Selby-Bigge editions). As regards the first criticism, I refer the reader to my second footnote where I do in fact, quite explicitly, note that Hume left us two treatments 'Of Liberty and Necessity'. In this footnote I point out that my description of Hume's arguments as compattbtltst arguments 'accords somewhat more with the "reconciling" spirit of the Enquiry than with that of the Treatise where Hume tends to identify liberty with liberty of indifference' (p. 593). Obviously in any discussion note there is limited space, and therefore I could not discuss at length complexities which were not of immediate relevance to my alternative interpretation. However, contrary to what Flew claims, I do mention that there are two treatments and that they differ in emphases and tone. (shrink)

Epistemic two-dimensional semantics, advocated by Chalmers and Jackson, among others, aims to restore the link between necessity and a priority seemingly broken by Kripke, by showing how armchair access to semantic intensions provides a basis for knowledge of necessary a posteriori truths. The most compelling objections to E2D are that, for one or other reason, the requisite intensions are not accessible from the armchair. As we substantiate here, existing versions of E2D are indeed subject to such access-based objections. But, we (...) moreover argue, the difficulty lies not with E2D but with the typically presupposed conceiving-based epistemology of intensions. Freed from that epistemology, and given the right alternative—one where inference to the best explanation provides the operative guide to intensions—E2D can meet access-based objections, and fulfill its promise of restoring the desirable link between necessity and a priority. This result serves as a central application of Biggs and Wilson, according to which abduction is an a priori mode of inference. (shrink)

Several philosophers have suggested that certain aspects of people’s experience of agency partly explains why people tend to report that it seems to them, in perceptual experience, as though time robustly passes. In turn, it has been suggested that people come to believe that time robustly passes on the basis of its seeming to them in experience that it does. We argue that what require explaining is not just that people report that it seems to them as though time robustly (...) passes, and that they believe that it does, but rather, the substantial variation (a) in people’s reports regarding whether it seems as though time robustly passes, and (b) their beliefs about whether time robustly passes. We empirically investigate the agentive explanation of (a), according to which variation in people’s agentive experiences explains variation in people’s reports regarding whether it seems to them as though time robustly passes. We also empirically investigate the experiential seeming explanation of belief, according to which variation in people’s beliefs about whether time robustly passes is explained by variation in their reports regarding whether it seems in experience as though time robustly passes. We found empirical support for the agentive explanation, but not for the experiential seeming explanation of passage beliefs. We consider the implications of our results for three views about temporal experience and temporal beliefs: dynamism, passage illusionism and deflationism. (shrink)

In “The Open Future” (2021) Patrick Todd argues that the future is open, and that as a consequence all future contingents are false (as opposed to the more common view that they are neither true nor false). Very roughly, this latter claim is motivated by the idea that (a) presentism is true, and so future (and indeed past) things do not exist and (b) if future things do not exist, then the only thing that could ground there being future tensed (...) facts, and hence make those future tensed claims true, is the present and the laws of nature. But (c) the present and the laws of nature cannot ground there being future tensed facts because they do not necessitate there being any such fact. Hence future tensed claims are all false. Todd then goes on to present a semantics for his version of the open future on which all future contingents are false. In what follows we take up two strands of Todd’s view. First, we begin, in Section 2, by outlining Todd’s argument that future contingents are all false. We suggest that the considerations that Todd adduces for this conclusion do not support this being so. Then in Section 3 we consider the semantics that Todd offers, and argue that it yields implausible consequences. (shrink)

We explore the role of episodic imagining in explaining why people both differentially report that it seems to them in experience as though time robustly passes, and why they differentially report that they believe that time does in fact robustly pass. We empirically investigate two hypotheses, the differential vividness hypothesis, and the mental time travel hypothesis. According to each of these, the degree to which people vividly episodically imagine past/future states of affairs influences their tendency to report that it seems (...) to them as though time robustly passes and to judge that time does robustly pass. According to the former, a greater degree of vividness will tend to increase the extent to which people make such reports, while according to the latter, it will tend to decrease the extent to which people make such reports. We found weak evidence in favour of the former hypothesis. We reflect on the implications of this finding for theorising about such reports. (shrink)

Designer babies are often presented in the popular media as a kind of apocalyptical spectre of things to come in a brave new world where reproduction is the province of white coated scientists and potential parents in pursuit of trophy children. In this realm physical, intellectual, and social perfection is sought through the manipulation of genes and selection of favoured traits and attributes to the detriment of individuals who cannot compete and of society more generally through the loss of natural (...) selection. It is therefore a pleasure to discover a short readable book that sets out the discussion and its many nuances in concise and accurate terms that will be accessible to all and should help to dispel some of these science fiction myths through scholarly debate.This volume is part of a collection of books under the title Debating Matters that sprang out of a series of public debates organised by the Institute of Ideas. The conferences were intended to reinvigorate debate and the contestation of ideas and contemporary issues the Institute regards as “too frequently sidelined”. The arguments are presented by an authoritative who’s who of commentators who offer their own insightful readings of various aspects of the debate. Each essayist confirms the fact that the term “ designer babies ” is an inaccurate reflection of the current ability of science to actively fashion children with selected characteristics, and as a result …. (shrink)

This paper aims to contribute a design-focused perspective on the ‘alternative paradigm research’ discussion. To clarify the aspect of ‘design-focus’ that we wish to refer to, we will use the term ‘areas of design practice’ to cover those activities that focus on the conception and production of artefacts, in contrast to the activities of theorizing and writing histories. The literature on academic research in areas of design practice encompasses a board range of subjects and terminology -- it refers to the (...) creative and performing arts, the arts, design, etc., however what we take to be common in the literature is an interest in research involving the creation of original artefacts. In this paper, we cluster together the currently academicized, previously vocational areas. -/- We claim that researchers in different disciplines operate in different research paradigms owing to different worldviews. A worldview is determined by a set of foundational beliefs that are taken on faith, and a research paradigm is defined by axioms and assumptions that are a consequence of that worldview. For example, the scientific view of the world is that it exists independently from the individual and the individual’s thoughts about it; and it is possible to find out objective facts about the world by following certain procedures. This worldview conditions a research paradigm with an ontology of a real external world; that methodologically the data that is collected in procedurally appropriate ways will yield objective facts about that world; and that epistemologically the researcher stands in a disengaged relation to the world that is being investigated. The procedures that are regarded as appropriate within a particular research paradigm form the research models that are acceptable in that paradigm, and these research models determine what one should do in order to extend knowledge in a particular subject. Of course, the scientific worldview is not the only one, and this paper will contrast it to the design worldview as indicating the emergence of a unique research paradigm. -/- The relationship between a community’s worldview and the academic models that it adopts may be functional or dysfunctional. We claim that the relationship in the areas of design practice is often dysfunctional. This is because the academic model has not developed authentically in relation to its fundamental beliefs, but has done so in response to external forces for academicization. When pushed into the academy, areas of design practice did not possess their own academic models that were effectively linked to its worldview. We claim that, as a result, these areas simply co-opted research models from other disciplines. -/- The paper proposes a rationalistic approach for investigating the relationship between worldview and research paradigm -- between fundamental beliefs, theoretical concepts and methodology in research models. The rationalistic approach enables a critique, which reveals that there are indeed problematic issues with adopting academic models from other research paradigms in an uncritical way, and concludes that areas of design practice should be investigated as an example of a distinct worldview. (shrink)

We perceive in many ways. But several dubious presuppositions about the senses mask this diversity of perception. Philosophers, scientists, and engineers alike too often presuppose that the senses (vision, audition, etc.) are independent sources of information, perception being a sum of these independent contributions. We too often presuppose that we can generalize from vision to other senses. We too often presuppose that vision itself is best understood as a passive receptacle for an image thrown by a lens. In this essay (...) we illustrate how reflection on results from the cognitive sciences undermine these (and many other) traditional presuppositions. Our illustration situates the remaining essays in the volume, Perception and its Modalities, which further extend the case against various traditional presuppositions, and offer alternatives ways to understand the senses and their role in perception. While many of the essays in this volume represent competing views and draw on different fields, from conceptual analysis to engineering, most contributors believe that to understand perception properly, we need to treat as foundational the idea that the senses work together. From that agreement, new paradigms for theorizing about perception begin to emerge. (shrink)

There are no established conventions for, and few examples of, indexing visual material on the basis of its form. Most image databases use keywords to describe the form or function, and access data by text-based retrieval of these keywords. An image-based approach would order the data by appearance, e.g. Shepherd (1971) and Dreyfuss (1972). A taxonomy must be created in order to apply this technique to a new data set. Previous applications have been aided by certain limiting factors on the (...) possible range of images indexed thus providing the key to a taxonomy, e.g. international pictorial signs in Dreyfuss. A fundamental principle which may be inferred from these studies is that the taxonomy needs to be related to the needs of the user, and not solely to abstract features of design. This is reflected in guidelines issued by the UK organisation The Society of Indexers. The studies also suggest the need for several approaches to classification within the same data set, e.g Dreyfuss, in which signs are located under more than one heading. (shrink)

This paper investigates the role of visual experience in Wittgenstein's work. The specific thesis is that visual experience provides not only diverse illustrative examples of what could be an explanation of meaning, but that it also provides a recurrent metaphor for the whole process of meaning and understanding. Wittgenstein uses a great number of visual examples in his texts. Their diversity may be accounted for by the great diversity of ways in which he attempts to describe the relationship between a (...) word and its meaning. The resultant variety of visual examples may be summarised by what I call the Visual Discontinuity Thesis. However, beneath this diversity there lies a thread of continuity. This is provided by the persistent use of visual experience in the description of the word-meaning relation. This use underlies the projection relationship of the Tractatus and the "seeing-as" relationship of the Investigations. This recurrent visual metaphor may be summarised by what I call the Visual Continuity Thesis. This paper presents the latter thesis in the context of a description of the former. (shrink)

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

Vision often dominates other perceptual modalities both at the level of experience and at the level of judgment. In the well-known McGurk effect, for example, one’s auditory experience is consistent with the visual stimuli but not the auditory stimuli, and naïve subjects’ judgments follow their experience. Structurally similar effects occur for other modalities (e.g. rubber hand illusions). Given the robustness of this visual dominance, one might not be surprised that visual imagery often dominates imagery in other modalities. One might be (...) surprised, however, that visual imagery often dominates perception in other modalities. This more controversial claim is motivated both by empirical data and by introspection. Some think of perception-perception visual dominance as epistemically good, holding that cases in which visual dominance misleads us (e.g. McGurk and rubber hand illusions) are cases in which the perceptual system resolves conflicts according to principles that are generally reliable. Here, we explore support for the more controversial claim that imagery-perception visual dominance is epistemically good. We suggest that, when the task is richly spatial, requiring for optimal performance the all-at-once identification of macro-spatial and allocentric properties (e.g. identifying the shape or location of a felt or heard object), the visual, whether perception or imagination, should dominate other modalities. Put another way, when identifying objects, one should go and look or, short of that, visually imagine candidate objects, and then follow the visual, even against conflicting perceptions from other modalities. For this broadly-typed category of of cognitive-perceptual task, vision does dominate and it should. (shrink)

First part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the introduction and the first two sections of the original paper. || Primera parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a la introducción y las dos primeras secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes for which (...) a donor’s organoids could be employed and given the different ways in which a donor can relate to her biospecimens, a donor can value her organoids differently in different contexts and her reasons for autonomously permitting use of her cells and tissues in one case may not support an autonomous decision in another. In response, this paper has three aims: firstly, to make the case for why organoid biobanks ought to respect donor autonomy conceived as authentic choice; secondly, to explore the autonomy-respecting limits of established and widely prevalent models of biobank consent; and thirdly, to propose certain conditions that organoid biobanks ought to support or facilitate in order to respect donor autonomy. (shrink)

The editor's introduction discusses Clarence I. Lewis's conceptual pragmatism when compared with post-empiricist epistemology and argues that several Cartesian assumptions play a major role in the work, not unlike those of Logical Positivism. The suggestion is made that the Cartesian legacy still hidden in Logical Positivism turns out to be a rather heavy ballast for Lewis’s project of restructuring epistemology in a pragmatist key. More in detail, the sore point is the nature of inter-subjectivity. For Lewis, no (...) less than for the Logical Positivists at the time of the Protocols Controversy and Husserl in the Cartesian Meditations, this is a problem without a solution. The reason is that all these philosophers are apparently unable to realize that the existence of a plurality of knowing subjects cannot be treated at once both as a speculative problem and a methodological one. Lewis, thanks to his pragmatist approach both comes closer to the right answer and offers an even more naïve unsatisfactory solution to the pseudo-problem under discussion. The fact that he has clear in mind that inter-subjectivity means not only a plurality of linguistic utterances but also a co-existence of different kinds of practical behaviour. Eventually, the very idea of mind, the key-idea in the book, suffers from the above mentioned tension. In fact, if inter-subjective communication and action is considered at a methodological level, the very idea of mind would not need an analysis, and no kind of ‘reflexive’ analysis. Methodology might be limited to a ‘naïve’ level where the existence of the world and a plurality of subjects be taken as a bedrock of uncritically accepted evidence. Philosophical reflection on ultimate evidence, instead, would take a different approach, maybe the one Wittgenstein was putting into practice in the same years when Mind and the world order was written, namely it would be bound to question the very meaning of the idea of ‘mind’ as an undue fiction – the same carried out by Descartes – when he assumed the Cogito to be at once a body of self-evident truths and a thing or substance, the familiar Platonic idea of psyche or soul. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

The late Robert Veatch, one of the United States’ founders of bioethics, never tired of reminding us that the paradigm-shifting contribution that bioethics made to patient care was to liberate patients out of the hands of doctors, who were traditionally seen to know best, even when they decidedly did not know best. It seems to us that with the advent of COVID-19, health policy has come full-circle on this. COVID-19 gave rise to a large number of purportedly “ethical” guidance documents (...) aiming to assist health care providers and practitioners with responding to the ethical challenges that might arise in their response to the pandemic. Ethics has two primary functions: provide clear action guidance, and provide clear action justification. The documents in question arguably reflect the ultimate policy triumph of bioethical “principlism”, and, perhaps surprisingly, as a corollary, the ultimate triumph of “doctor-knows-best”. (shrink)

Being able to ask others to do things, and thereby giving them reasons to do those things, is a prominent feature of our interpersonal lives. In this paper, I discuss the distinctive normative status of requests – what makes them different from commands and demands. I argue for a theory of this normative phenomenon which explains the sense in which the reasons presented in requests are a matter of discretion. This discretionary quality, I argue, is something that other theories cannot (...) accommodate, though it is a significant aspect of the relations that people stand in to one another, and the kinds of practical reasons that flow from those relations. (shrink)

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...) time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (shrink)

Gliederung Übersicht zu den Ausgaben mit Quellen im Nachlass ... 2 „Titel“-Ausgaben ... 2 Helsinki-Ausgabe ... 3 Teil-Ausgaben ... 3 Wiener Ausgabe ... 4 Bergen Electronic Edition (CD-ROM) ... 4 Bergen Web-Ausgaben ... 4 1 Bibliographie der Sammelausgaben... 5 1.1 Nachlass-Faksimile ... 5 1.2 Bergen Nachlass-Textausgaben ... 5 1.3 Suhrkamp-Schriften ... 6 1.4 Suhrkamp-Werkausgabe ... 6 1.5 Intelex-Ressource ... 7 1.6 Wiener Ausgabe ... 7 1.7 Helsinki-Ausgabe ... 8 1.8 Sammelbände ... 8 1.9 Korrespondenz-Sammelausgaben ... 8 2 Bibliographie der Einzelausgaben... (...) 9 2.1 Veröffentlichungen mit Erstveröffentlichung zu Lebzeiten (außer Logisch- philosophische Abhandlung / Tractatus logico-philosophicus) ... 9 2.2 Veröffentlichungen mit Quellen in den Manuskripten 101– und Typoskripten 201–... 10 2.3 Veröffentlichungen mit Quellen in den Diktaten 301–... 20 2.4 Veröffentlichungen von Erinnerungen und Vorlesungs- und Gesprächsaufzeichnungen (Auswahl) ... 21 2.5 Veröffentlichungen von Korrespondenz (Auswahl) ... 25 3 Bibliographie der Veröffentlichungen von Waismanns „Wittgenstein-Arbeiten“ (Auswahl)... 29. (shrink)

A lineage of prominent philosophers who have discussed the second-person relation can be regarded as advancing structural accounts. They posit that the second-person relation effects one transformative change to the structure of practical reasoning. In this paper, I criticise this orthodoxy and offer an alternative, substantive account. That is, I argue that entering into second-personal relations with others does indeed affect one's practical reasoning, but it does this not by altering the structure of one's agential thought, but by changing what (...) reasons can become available. The importance of second-personal thought for action is heterogenous. Second-person relations make possible the emergence of a wide variety of different kinds of practical reasons: creating some, revealing others. Recognising this diminishes the appeal of the traditional, structural accounts of the practical significance of such second-personal relations. Moving away from structural accounts facilitates a more thorough understanding of the intersubjective form of action. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

William S. Lewis examines the contribution to philosophy of science made by Lefebvre, in the context of his membership of the French Communist Party.

The concept of the analyst's presence gained attention almost 60 years ago through the writings of the French analyst Sacha Nacht and the Hungarian-British Michael Balint. Anna Freud earlier spoke of the related, but rather ambiguous term "real person of the analyst," which has been widely discussed by many authors since. Both terms- presence and real person- appear frequently in the psychoanalytic literature, usually without much definition or conceptual clarity. Authors have used them in different ways, but in general their (...) intention has been to contrast the analyst's reality as a person with his function as a transference and fantasy object, perhaps as a corrective to the perceived austerity of the classical « one-person » model. Lacan's work represents an exception in attempting to escape the dialectic between intra and inter-psychic, but at the cost of eliminating the influence of the analyst as another subject. In contrast to metapsychologic theories of the mind, the author argues that "real presence" can be better understood as part of the phenomenologic experience of intersubjectivity, The co-presence of the analyst is fundamental to the encounter, rather than an accidental or intentional disruption. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

In the debates regarding the ethics of human enhancement, proponents have found it difficult to refute the concern, voiced by certain bioconservatives, that cognitive enhancement violates the autonomy of the enhanced. However, G. Owen Schaefer, Guy Kahane and Julian Savulescu have attempted not only to avoid autonomy-based bioconservative objections, but to argue that cognition-enhancing biomedical interventions can actually enhance autonomy. In response, this paper has two aims: firstly, to explore the limits of their argument; secondly, and more importantly, to develop (...) a more complete understanding of autonomy and its relation to cognitive enhancement. By drawing a distinction between the capacity for autonomy and the exercise and achievement of autonomy and by exploring the possible effects of cognitive enhancement on both competence and authenticity conditions for autonomy, the paper identifies and explains which dimensions of autonomy can and cannot, in principle, be enhanced via direct cognitive interventions. This allows us to draw conclusions regarding the limits of cognitive enhancement as a means for enhancing autonomy. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

This paper is about the similarity between the appreciation of a piece of art, such as a cherished music album, and the loving appreciation of a person whom one knows well. In philosophical discussion about the rationality of love, the Qualities View (QV) says that love can be justified by reference to the qualities of the beloved. I argue that the oft-rehearsed trading-up objection fails to undermine the QV. The problems typically identified by the objection arise from the idea that (...) love-worthy qualities could be coarse-grained, when in fact they must be fine-grained. The analogy with appreciation of aesthetic qualities helps to draw out this point. Once the fine-grained nature of love-worthy qualities is properly understood, it is clear that critics of the QV cannot rely on the trading-up objection to motivate its rejection. Moreover, the paper’s core argument helps to illuminate the persistently aesthetic nature of interpersonal affections. (shrink)

Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...) in order to identify and explain its implications for our current understanding of the principle of respect for patient autonomy and the norms of clinical decision making. (shrink)

Introduction and Discussion of a Special Issue in philosophy of law "Philosophical Dimensions of the Trial" -/- .

What is it to be mentally healthy? In the ongoing movement to promote mental health, to reduce stigma, and to establish parity between mental and physical health, there is a clear enthusiasm about this concept and a recognition of its value in human life. However, it is often unclear what mental health means in all these efforts and whether there is a single concept underlying them. Sometimes, the initiatives for the sake of mental health are aimed just at reducing mental (...) illness, thus implicitly identifying mental health with the absence of diagnosable psychiatric disease. More ambitiously, there are high-profile proposals to adopt a positive definition, identifying mental health with psychic or even overall well-being. We argue against both: a definition of mental health as mere absence of mental illness is too thin, too undemanding, and too closely linked to psychiatric value judgments, while the definition in terms of well-being is too demanding and potentially oppressive. As a compromise, we sketch out a middle position. On this view, mental health is a primary good, that is, the psychological preconditions of pursuing any conception of the good life, including well-being, without being identical to well-being. (shrink)

It is common for people to be sensitive to aesthetic qualities in one another’s speech. We allow the loveliness or unloveliness of a person’s voice to make impressions on us. What is more, it is also common to allow those aesthetic impressions to affect how we are inclined to feel about the speaker. We form attitudes of liking, trusting, disliking or distrusting partly in virtue of the aesthetic qualities of a person’s speech. In this paper I ask whether such attitudes (...) could ever be legitimate. This is a microcosm of the broader issue of whether people’s aesthetic qualities in general can justify the interpersonal valuing-attitudes that they so often cause. I draw from recent discussions of body aesthetics to articulate a pair of challenges. One challenge says that aesthetic judgements of speech are reliant on unjustifiable prejudices. The other holds that a person’s aesthetic qualities are irrelevant to whether they should be liked. Against these challenges I argue that some speech can bear aesthetic qualities which are not reliant on prejudice and which are relevant to whether the speaker should be liked. I develop this argument through an analysis of the concept of lyricism. (shrink)

Shared Decision Making (‘SDM’) is one of the most significant developments in Western health care practices in recent years. Whereas traditional models of care operate on the basis of the physician as the primary medical decision maker, SDM requires patients to be supported to consider options in order to achieve informed preferences by mutually sharing the best available evidence. According to its proponents, SDM is the right way to interpret the clinician-patient relationship because it fulfils the ethical imperative of respecting (...) patient autonomy. However, there is no consensus about how decisions in SDM contexts relate to the principle of respect for autonomy. In response, I demonstrate that in order to make decisions about what treatment they will or will not receive, patients will be required to meet different conditions depending on the approach proponents of SDM take to understanding personal autonomy. Due to the fact that different conceptions of autonomy yield different obligations, I argue that if physicians and patients satisfied all the conditions described in standard accounts of SDM, then SDM would undermine patient autonomy. (shrink)

I insist that I was able to raise my hand, and I acknowledge that a law would have been broken had I done so, but I deny that I am therefore able to break a law. To uphold my instance of soft determinism, I need not claim any incredible powers. To uphold the compatibilism that I actually believe, I need not claim that such powers are even possible. My incompatibilist opponent is a creature of fiction, but he has his prototypes (...) in real life. He is modeled partly after Peter van Inwagen and partly on myself when I first worried about van Inwagen's argument against compatibilism. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

Theory of "conceptual pragmatism" takes into account both modern philosophical thought and modern mathematics. Stimulating discussions of metaphysics, a priori, philosophic method, much more.

Some reasons are thought to depend on relations between people, such as that of a promiser to a promisee. It has sometimes been assumed that all reasons that are relational in this way are moral obligations. I argue, via a counter example, that there are non-obligatory relational reasons. If true, this has ramifications for relational theories of morality.

Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...) recognition should take. Smajdor argues for a recognition that appeals to autonomy and that manifests in providing vulnerable individuals with the opportunity to assent. The problem is that this kind of recognition is dependent on a more fundamental kind. It is this second form of recognition that would need to do the heavy lifting for assent-based frameworks to avoid the same problems we find with consent. (shrink)

Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and the moral relevance (...) of specific points in the developmental process. In terms of the legal aspects, we consider concepts and principles invoked at law, principally, the rights of pregnant women and the medical concept of viability. For each moral and legal position in the abortion debate, we provide an overview of the principal assumptions and arguments and acknowledge the main criticisms. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

Cette note devait introduire à un public anglophone la traduction de la « Lettre de Louis Althusser datée du 18 mars 1966 et adressée au Comité central du PCF », elle est ici enrichie dans une version livrée au public français. Elle apporte le contexte historique et théorique nécessaire à la compréhension des interventions « anti-humanistes » de Louis Althusser qui questionne les choix politiques opérés par le PCF au cours des années 1960. Nulle part ailleurs, dans les écrits publiés (...) d’Althusser, nous ne voyons aussi clairement les enjeux politiques imbriqués dans son projet philosophique, ni comment ce projet évolua progressivement d’une entreprise « théoriciste » à la recherche d’une philosophie en lien plus étroit avec la pratique. Cette lettre nous paraît de la plus haute importance pour les spécialistes de l’œuvre d’Althusser, les historiens de la pensée marxiste, mais aussi plus largement à tous ceux qui s’intéressent à l’importance que peut revêtir le travail d’Althusser dans les débats actuels dans le champ de la philosophie marxiste. (shrink)