Hume distinguished the principle that everything has a cause from the principle of the uniformity of nature, Viz., That like causes have like effects. In the second analogy of experience kant attempts to refute what he (erroneously) believed had been hume's explanation of our acceptance of the first principle. He did not there attempt to establish the second principle, But j dodge has shown that the second analogy implicitly contains a justification of the principle of like cause-Like effect. Kant himself, (...) However, Justified the second principle only as a regulative principle of reflective judgment. (shrink)

In this article, the attempts by David Lewis and Brian Loar to make perspicuous the logical form of sentences ascribing propositional attitudes to individuals are set out and criticized. Both work within the assumption of the truth of 'type' physicalism, and require that logically perspicuous attitude ascriptions be compatible with the demands of such a doctrine. It is argued that neither carry out this task successfully - Lewis's perspicuous ascriptions have counter-intuitive implications, while Loar's avoidance of these undermines (...) type physicalism itself. (shrink)

A stable classification of practical principles into mutually exclusive types is foundational to Kant’s moral theory. Yet, other than a few brief hints on the distinction between maxims and laws, he does not provide any elaborate discussion on the classification and the types of practical principles in his works. This has led Onora O’Neill and Lewis Beck to reinterpret Kant’s classification of practical principles in a way that would clarify the conceptual connection between maxims and laws. In this (...) paper I argue that the revised interpretations of O’Neill and Beck stem from a mistaken reading of the fundamental basis of the classification of practical principles. To show this, I first argue that Kant distinguishes between maxims and laws on the bases of validity and reality. I then argue that although a practical principle necessarily has the feature of validity, its reality in actually moving the agents to action sufficiently makes a principle a practical principle. If this is so, I argue that the classification of practical principles must be based on the extent to which they are effective in human agents. Such a classification yields us three exhaustive and mutually exclusive types namely, “maxims that are not potential laws”, “maxims that are potential laws” and “laws that are not maxims”. (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.

In this article, I critically reassess Iris Marion Young's late works, which centre on the distinction between liability and social connection responsibility. I concur with Young's diagnosis that structural injustices call for a new conception of responsibility, but I reject several core assumptions that underpin her distinction between two models and argue for a different way of conceptualising responsibility to address structural injustices. I show that Young's categorical separation of guilt and responsibility is not supported by the writings of Hannah (...) Arendt, which Young draws on, and that it is also untenable on independent systematic grounds. Furthermore, I argue that several of Young's other criteria fail to clearly demarcate two distinct phenomena. I therefore propose to transcend Young's distinction between two models in favour of a related, but conceptually different distinction between two forms of responsibility: interactional and structural. Embracing this terminology facilitates the conceptualisation of the general features of responsibility that are shared by both forms, including their retrospective and prospective time-direction and their applicability to individual, joint and group agency. The distinction between interactional and structural responsibility also yields a more compelling general account of the role of background structures, and of blame within ascriptions of political responsibility. (shrink)

The phenomenal particularity thesis says that if a mind-independent particular is consciously perceived in a given perception, that particular is among the constituents of the perception’s phenomenology. Martin, Campbell, Gomes and French and others defend this thesis. Against them are Mehta, Montague, Schellenberg and others, who have produced strong arguments that the phenomenal particularity thesis is false. Unfortunately, neither side has persuaded the other, and it seems that the debate between them is now at an impasse. This paper aims to (...) break through this impasse. It argues that we have reached the impasse because two distinct conceptions of phenomenology—a “narrow” conception and a “broad” conception—are compatible with our what-it-is-like characterizations of phenomenology. It also suggests that each of these two conceptions has its own theoretical value and use. Therefore, the paper recommends a pluralistic position, on which we acknowledge that there are two kinds of phenomenology: narrow phenomenology and broad phenomenology. The phenomenal particularity thesis is true only with respect to the latter. (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.

Building on Christopher Peacocke’s account of analog perceptual contentand my own account of analog perceptual vehicles, I defend three claims: that theperception of magnitudes often has analog contents; that the perception of magni-tudes often has analog vehicles; and that the first claim is true in virtue of the second—that is, the analog vehicles help to ground the analog contents.

Unconscious perceptions have recently become a focal point in the debate for and against naive realism. In this paper I defend the naive realist side. More specifically, I use an idea of Martin’s to develop a new version of naive realism—neuro-computational naive realism. I argue that neuro-computational naive realism offers a uniform treatment of both conscious and unconscious perceptions. I also argue that it accommodates the possibility of phenomenally different conscious perceptions of the same items, and that it can answer (...) a further challenge to naive realism raised by Berger and Nanay. (shrink)

In The Border between Seeing and Thinking, Ned Block argues that the distinction between perception and cognition should be grounded in representational format. I object that cognition is multifaceted, and includes representations with the same format as some perceptual representations. We can save Block’s view by interpreting it as concerning the border between one elite species of cognition—namely, propositional thought—and everything below it, including perception. But that leaves the border between perception and cognition in general unexplained. To fill this gap, (...) I recommend my stimulus-dependence account of the border and reply to objections Block raises against it. This brings into relief a category of mind that is crucial to understanding human infants and nonhuman animals—namely, nonpropositional cognition, which sits between perception and propositional thought. (shrink)

In our target article, we argued that the number sense represents natural and rational numbers. Here, we respond to the 26 commentaries we received, highlighting new directions for empirical and theoretical research. We discuss two background assumptions, arguments against the number sense, whether the approximate number system represents numbers or numerosities, and why the ANS represents rational numbers.

The increasing use of opioid treatment agreements has prompted debate within the medical community about ethical challenges with respect to their implementation. The focus of debate is usually on the efficacy of OTAs at reducing opioid misuse, how OTAs may undermine trust between physicians and patients and the potential coercive nature of requiring patients to sign such agreements as a condition for receiving pain care. An important consideration missing from these conversations is the potential for racial bias in the current (...) way that OTAs are incorporated into clinical practice and in the amount of physician discretion that current opioid guidelines support. While the use of OTAs has become mandatory in some states for certain classes of patients, physicians are still afforded great leeway in how these OTAs are implemented in clinical practice and how their terms should be enforced. This paper uses the guidelines provided for OTA implementation by the states of Indiana and Pennsylvania as case studies in order to argue that giving physicians certain kinds of discretion may exacerbate racial health disparities. This problem cannot simply be addressed by minimising physician discretion in general, but rather by providing mechanisms to hold physicians accountable for how they treat patients on long-term opioid therapy to ensure that such treatment is equitable. There are no data in this work. (shrink)

There are two currently popular but quite different ways of answering the question of what constitutes personal identity: the one is usually called the psychological continuity theory (or Psychological View) and the other the narrative theory.1 Despite their differences, they do both claim to be providing an account—the correct account—of what makes someone the same person over time. Marya Schechtman has presented an important argument in this journal (Schechtman 2005) for a version of the narrative view (the ‘Self-Understanding View’) over (...) the psychological one, an argument which has received an overwhelmingly positive response from commentators (Gillett 2005; Heinemaa 2005; Phillips 2006). I wish to argue that .. (shrink)

We notice a number of interesting overlaps between the views on personhood of Ifeanyi Menkiti and Marya Schechtman. Both philosophers distance their views from the individualistic ones standard in western thought and foreground the importance of extrinsic or relational features to personhood. For Menkiti, it is ‘the community which defines the person as person’; for Schechtman, being a person is to have a place in person-space, which involves being seen as a person by others. But there are also striking differences. (...) Schechtman sees this aspect as expanding the scope of personhood to infants and those who are severely mentally disabled. Menkiti thinks that there is a line to be drawn at some point between those humans that are persons and those who are not. We consider the cases offered in questioning how the dispute between the two views should be resolved. (shrink)

Auch zu Beginn des 21. Jahrhunderts lebt ein großer Teil der Menschheit in bitterer Armut. Daraus ergibt sich die brennende Frage, was die Bürgerinnen und Bürger wohlhabender Länder extrem armen Menschen moralisch schulden. Valentin Beck beantwortet sie im Rahmen einer umfassenden Theorie der globalen Verantwortung. In seinem glänzend geschriebenen Buch behandelt er zentrale Fragen der Theorie globaler Gerechtigkeit, unterzieht unsere Verflechtung in globale soziale Strukturen einer detaillierten Analyse und wirft so ein neues Licht auf eine der größten moralischen Herausforderungen (...) unserer Zeit. Wir müssen mit Blick auf den politischen und individuellen Umgang mit der Weltarmut umdenken, so lautet die zentrale Forderung dieser Studie. (shrink)

African perspectives on personhood and personal identity and their relation to those of the West have become far more central in mainstream Western discussion than they once were. Not only are African traditional views with their emphasis on the importance of community and social relations more widely discussed, but that emphasis has also received much wider acceptance and gained more influence among Western philosophers. Despite this convergence, there is at least one striking way in which the discussions remain apart and (...) that is on a point of method. The Western discussion makes widespread use of thought experiments. In the African discussion, they are almost entirely absent. In this article, we put forward a possible explanation for the method of thought experiment being avoided that is based on considerations stemming from John Mbiti’s account of the traditional African view of time. These considerations find an echo in criticism offered of the method in the Western debate. We consider whether a response to both trains of thought can be found that can further bring the Western and African philosophical traditions into fruitful dialogue. (shrink)

‘Transplant’ thought-experiments, in which the cerebrum is moved from one body to another, have featured in a number of recent discussions in the personal identity literature. Once taken as offering confirmation of some form of psychological continuity theory of identity, arguments from Marya Schechtman and Kathleen Wilkes have contended that this is not the case. Any such apparent support is due to a lack of detail in their description or a reliance on predictions that we are in no position to (...) make. I argue that the case against them rests on two serious misunderstandings of the operation of thought-experiments, and that even if they do not ultimately support a psychological continuity theory, they do major damage to that theory’s opponents. (shrink)

Consumer boycotts have become a frequent form of social protest in the digital age. The corporate malpractices motivating them are varied, including environmental pollution, lack of minimum labour standards, severe mistreatment of animals, lobbying and misinformation campaigns, collaboration or complicity with illegitimate political regimes, and systematic tax evasion and tax fraud. In this article, I argue that organised consumer boycotts should be regarded as a legitimate and purposeful instrument for structural change, provided they conform to a number of normative criteria. (...) In order to show this, the practice and empirical context of consumer boycotts are first outlined. I then lay out and refute three general objections to this practice. Although each of these objections fails, their discussion generates insights concerning the normative standards with which boycotters must comply if they want their campaigns to be both legitimate and successful. These normative criteria are detailed along the lines of two guiding principles, proportionality and transparency. In the final step, I elaborate on structural change as the deeper purpose of consumer boycotts. (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)

This paper is a defence of a psychological view of personal identity against the attack Peter Unger launches against it in his Identity, Consciousness and Value. Unger attempts to undermine the traditional support which a psychological criterion of identity has drawn from thought-experiments, and to show that such a criterion has totally unacceptable implications -- in particular, that it allows that persons can go out of and come back into existence. I respond to both aspects of this criticism, arguing that (...) the relevant thought-experiments (and the support they appear to offer) survive Unger's attack intact, and that he does not establish his case against intermittent existence. (shrink)

Accusations of hypocrisy are a recurring theme in the public debate on climate change, but their significance remains poorly understood. Different motivations are associated with this accusation, which is leveled by proponents and opponents of climate action. In this article, I undertake a systematic assessment of climate hypocrisy, with a focus on lifestyle and political hypocrisy. I contextualize the corresponding accusation, introduce criteria for the conceptual analysis of climate hypocrisy, and develop an evaluative framework that allows us to determine its (...) moral significance. I argue that different instances of climate hypocrisy are problematic to different degrees, depending on how detrimental they are to an agent's attainment of environmental integrity. The resulting framework helps clear the confusion caused by disinformation campaigners, by distinguishing objectionable uses of the climate hypocrisy charge from constructive ones motivated by genuine concern for integrity. (shrink)

Nils-Frederic Wagner takes issue with my argument that influential critics of “transplant” thought experiments make two cardinal mistakes. He responds that the mistakes I identify are not mistakes at all. The mistakes are rather on my part, in that I have not taken into account the conceptual genesis of personhood, that my view of thought experiments is idiosyncratic and possibly self-defeating, and in that I have ignored important empirical evidence about the relationship between brains and minds. I argue that my (...) case still stands and that transplant thought experiments can do damage to rivals of a psychological continuity theory of personal identity like Marya Schechtman’s Person Life View. (shrink)

On a now orthodox view, humans and many other animals possess a “number sense,” or approximate number system, that represents number. Recently, this orthodox view has been subject to numerous critiques that question whether the ANS genuinely represents number. We distinguish three lines of critique – the arguments from congruency, confounds, and imprecision – and show that none succeed. We then provide positive reasons to think that the ANS genuinely represents numbers, and not just non-numerical confounds or exotic substitutes for (...) number, such as “numerosities” or “quanticals,” as critics propose. In so doing, we raise a neglected question: numbers of what kind? Proponents of the orthodox view have been remarkably coy on this issue. But this is unsatisfactory since the predictions of the orthodox view, including the situations in which the ANS is expected to succeed or fail, turn on the kind of number being represented. In response, we propose that the ANS represents not only natural numbers, but also non-natural rational numbers. It does not represent irrational numbers, however, and thereby fails to represent the real numbers more generally. This distances our proposal from existing conjectures, refines our understanding of the ANS, and paves the way for future research. (shrink)

Interview of Katrin Flikschuh, Rainer Forst and Darrel Moellendorf by Valentin Beck and Julian Culp for Global Justice: Theory Practice Rhetoric.

The paper takes a close look at Derek Parfit’s example of the Nineteenth Century Russian in 'Reasons and Persons'. Parfit presents it as an example which illustrates the moral consequences of adopting his reductionist view of personal identity in a positive light. I argue that things turn out to be more complex than he envisages, and that it might be far more difficult to live in his world than he allows.

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)

The view that an account of personal identity can be provided in terms of psychological continuity has come under fire from an interesting new angle in recent years. Critics from a variety of rival positions have argued that it cannot adequately explain what makes psychological states co-personal (i.e. the states of a single person). The suggestion is that there will inevitably be examples of states that it wrongly ascribes using only the causal connections available to it. In this paper, I (...) describe three distinct attacks on the psychological continuity theory along these lines. While I acknowledge that a number of interesting issues arise, I argue that the theory can withstand all three attacks. (shrink)

Im diesem Aufsatz nehme ich die Popularität des Verantwortungsbegriffs in der Alltagssprache zum Anlass, um seinem Verhältnis zum Pflichtbegriff auf den Grund zu gehen. Dabei unterziehe ich den Verantwortungsbegriff zunächst einer allgemeinen Analyse. Anschließend diskutiere ich in Gestalt von Indeterminismus, Amoralismus und Interaktionismus drei Modi der missbräuchlichen Verwendung dieses Begriffs. Dabei handelt es sich jedoch bei genauerer Betrachtung um allgemeine rhetorische Verschleierungsstrategien, die nicht an die Verwendung des Verantwortungsbegriffs gebunden sind, sondern in der kommunikativen Bezugnahme auf moralische Forderungen generell auftreten (...) können. Dies verdeutlicht auch die anschließende Analyse des Pflichtbegriffs, der einige grundlegende Ähnlichkeiten zum Verantwortungsbegriff aufweist. Ex negativo zeigt sich so jedoch, wie ein nicht missbräuchlicher Rekurs auf beide philosophischen Grundbegriffe möglich ist. Darüber hinaus werden auch die Unterschiede dieser Termini deutlich. Der Pflichtbegriff ist trotz einiger wesentlicher Gemeinsamkeiten weniger vielseitig als der Verantwortungsbegriff und daher zumindest in der Auseinandersetzung mit einigen Themen der praktischen Philosophie weniger gut als Grundbegriff geeignet. Gleichwohl zeigt sich, dass die Frage „Verantwortung oder Pflicht?“ uns vor eine falsche Alternative stellt, wenn sie im ausschließenden Sinn verstanden wird. (shrink)

Marya Schechtman has raised a series of worries for the Psychological Continuity Theory of personal identity (PCT) stemming out of what Derek Parfit called the ‘Extreme Claim’. This is roughly the claim that theories like it are unable to explain the importance we attach to personal identity. In her recent Staying Alive (2014), she presents further arguments related to this and sets out a new narrative theory, the Person Life View (PLV), which she sees as solving the problems as well (...) as bringing other advantages over the PCT. I look over some of her earlier arguments and responses to them as a way in to the new issues and theory. I argue that the problems for the PCT and advantages that the PLV brings are all merely apparent, and present no reason for giving up the former for the latter. (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)

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)

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)

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)

The distinction between perception and cognition frames countless debates in philosophy and cognitive science. But what, if anything, does this distinction actually amount to? In this introductory article, we summarize recent work on this question. We first briefly consider the possibility that a perception-cognition border should be eliminated from our scientific ontology, and then introduce and critically examine five positive approaches to marking a perception–cognition border, framed in terms of phenomenology, revisability, modularity, format, and stimulus-dependence.

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)

Martha Nussbaum has argued in support of the view (supposedly that of Aristotle) that we can, through thought-experiments involving personal identity, find an objective foundation for moral thought without having to appeal to any authority independent of morality. I compare the thought-experiment from Plato’s Philebus that she presents as an example to other thought-experiments involving identity in the literature and argue that this reveals a tension between the sources of authority which Nussbaum invokes for her thought-experiment. I also argue that (...) each of her sources of authority presents further difficulties for her project. Finally, I argue that it is not clear that her thought-experiment is one that actually involves identity in any crucial way. As a result, the case she offers does not offer any satisfactory support for her view on the relation between identity, morality and thought-experiments, but we do gain some insights into what that relation really is along the way. (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)

This article is concerned with the place counterfactual reasoning occupies in South African law, and how philosophy might be able to help the law. I point out some of the more important and unavoidable uses of counterfactual reasoning in our law. Following this I make some suggestions as to how philosophy, and especially informal logic, can be of help to the law. Finally, I make some suggestions as to how the law in turn can help philosophy.

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are required for epistemic (...) virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (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)

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.

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

Derek Parfit argues in Reasons and Persons that acting according to your present desires is more rational, or at least as rational, as acting in your long-term self-interest. To do this, he puts forward a case supporting a 'critical present-aim theory' of rationality opposed to the self-interest theory, and then argues against a number of possible replies. This article is a response to these arguments, concluding that Parfit's favouring of the present-aim theory is unfounded, and that self-interest is the better (...) theory of rationality. (shrink)

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)