This dissertation engages in a critical analysis of the work of Adolf Reinach in the theory of knowledge and legal philosophy. Reinach had trained as a lawyer and brought that perspective and experience to bear in his phenomenological work on problems in evidence and legal philosophy. His contributions to phenomenology in the early 20th century provide a window into the earliest phases of the development of the phenomenological movement, prior to World War I. This dissertation locates this work in the (...) European intellectual context of the era and finds analogies with key philosophical dilemmas and developments in England during the same period, arguably ones with shared intellectual roots. Valued for his talent as an inspiring university lecturer, Reinach was a central figure in the circle of young scholars who practiced phenomenology in the spirit of the "early" "pre-Ideen" phase of phenomenology. The dissertation Appendices include translations of selected excerpts from the Nachlass. My translation of the obituary Edmund Husserl wrote and published following Adolf Reinach's death in WWI is published separately. Professor Raymond Klibansky was my supervisor and mentor throughout. (shrink)

This thesis (110 pages) was submitted in March 1970 in partial fulfillment of the requirements for the degree of Master of Arts. The work was supervised by Professor Raymond Klibansky, McGill University.

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, (...) rather than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...) physical integrity can only place socially vulnerable persons at great risk of abuse. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...) v Edmondson SKQB (2003). Both were sexual assault cases. In George a thirty-five year old woman with five children was tried and ultimately acquitted of sexual assault and sexual interference after she was assaulted in her home by a fourteen year old male. Striking similarities between the reasoning and language in the trial decision in George and the sentencing decision in Edmondson demonstrate entrenched antipathy for sexual assault law and the fundamental principles of justice, equality, and impartiality. This is arguably judicial misconduct, persisting despite access in the interim to many years of judicial education programming, not merely legal error. The problem does not lie with the judge alone, however. A toxic mix of misogyny and blindly zealous enforcement of the law appears to have undermined the administration of justice in George from the outset at all levels. The problems are systemic. Were this not the case, it is likely that Barbara George would not have been charged. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at (...) length in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...) responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...) rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

This is a review and critical commentary on Michael Plaxton's 2015 book, Implied Consent and Sexual Assault, in which he proposes that the legal definition of sexual consent be amended to permit sexual partners to define the terms and conditions of sexual consent in accordance with private "normative commitments" between themselves. The proposed "reform" is intended to permit an individual to agree to be a party to sexual activity that would otherwise constitute sexual assault under Canadian law. For reasons explained (...) in the review, this reviewer concludes that Plaxton's proposal and the rationale he presents in support of its adoption are unpersuasive. (shrink)

This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply with (...) high standards of care. In order for incidental harm to be permissible, an agent must take pains to avoid such harm even at higher cost to him- or herself. It is argued that accidentally but negligently caused collateral damage may be just as difficult to excuse as incidental harm. Only if high precautionary standards of care are met, can unintended harm to innocents – incidental or accidental – be permissible. In practice, such a strong commitment to avoiding harm to civilians may well lead us to question more generally and rethink more radically how violent conflicts ought to be fought, how military violence ought to be used and whether there are better ways of achieving those aims that we think are legitimate than those we are currently using. (shrink)

A fallibilist theory of knowledge is employed to make sense of the idea that agents know what they are doing 'without observation' (as on Anscombe's theory of practical knowledge).

WINNER BEST SOCIAL PHILOSOPHY BOOK IN 2021 / NASSP BOOK AWARD 2022 -/- Together we can often achieve things that are impossible to do on our own. We can prevent something bad from happening or we can produce something good, even if none of us could do it by herself. But when are we morally required to do something of moral importance together with others? This book develops an original theory of collective moral obligations. These are obligations that individual moral (...) agents hold jointly, but not as unified collective agents. To think of some of our obligations as joint or collective is the best way of making sense of our intuitions regarding collective moral action problems. Where we have reason to believe that our efforts are most efficient as part of a collective endeavor we may incur collective obligations together with others who are similarly placed as long as we are able to establish compossible individual contributory strategies towards that goal. The book concludes with a discussion of “massively shared obligations” to large-scale moral problems such as global poverty. (shrink)

Together we can achieve things that we could never do on our own. In fact, there are sheer endless opportunities for producing morally desirable outcomes together with others. Unsurprisingly, scholars have been finding the idea of collective moral obligations intriguing. Yet, there is little agreement among scholars on the nature of such obligations and on the extent to which their existence might force us to adjust existing theories of moral obligation. What interests me in this paper is the perspective of (...) the moral deliberating agent who faces a collective action problem, i.e. the type of reasoning she employs when deciding how to act. I hope to show that agents have collective obligations precisely when they are required to employ ‘we-reasoning’, a type of reasoning that differs from I-mode, best response reasoning, as I shall explain below. More precisely, two (or more) individual agents have a collective moral obligation to do x if x is an option for action that is only collectively available (more on that later) and each has sufficient reason to rank x highest out of the options available to them. (shrink)

COVID-19 vaccine refusal seems like a paradigm case of irrationality. Vaccines are supposed to be the best way to get us out of the COVID-19 pandemic. And yet many people believe that they should not be vaccinated even though they are dissatisfied with the current situation. In this paper, we analyze COVID-19 vaccine refusal with the tools of contemporary philosophical theories of responsibility and rationality. The main outcome of this analysis is that many vaccine-refusers are responsible for the belief that (...) they should not be vaccinated and epistemically rational in holding it. This is an important result because it provides insights into the legitimacy of certain public health policies. In particular, this result shows that a public health policy that would abandon the project of convincing certain vaccine-refusers with reasons – e.g., by simply making vaccination compulsory – is prima facie illegitimate. (shrink)

Local opposition to infrastructure projects implementing renewable energy (RE) such as wind farms is often strong even if state-wide support for RE is strikingly high. The slogan “Not In My BackYard” (NIMBY) has become synonymous for this kind of protest. This paper revisits the question of what is wrong with NIMBYs about RE projects and how to best address them. I will argue that local opponents to wind farm (and other RE) developments do not necessarily fail to contribute their fair (...) share to producing a desirable public good (clean energy). In fact, with landscape concerns being at the heart of much protest, the question of fair burden distribution becomes sidelined: landscape impacts cannot be distributed nor compensated for. Protests may be attempts to express a true conflict of (incommensurable) values. Understanding them as such will help us better address NIMBY concerns and overcome such opposition through ensuring procedural justice. (shrink)

Humans are prone to producing morally suboptimal and even disastrous outcomes out of ignorance. Ignorance is generally thought to excuse agents from wrongdoing, but little attention has been paid to group-based ignorance as the reason for some of our collective failings. I distinguish between different types of first-order and higher order group-based ignorance and examine how these can variously lead to problematic inaction. I will make two suggestions regarding our epistemic obligations vis-a-vis collective (in)action problems: (1) that our epistemic obligations (...) concern not just our own knowledge and beliefs but those of others, too and (2) that our epistemic obligations can be held collectively where the epistemic tasks cannot be performed by individuals acting in isolation, for example, when we are required to produce joint epistemic goods. (shrink)

It is often argued that our obligations to address structural injustice are collective in character. But what exactly does it mean for ‘ordinary citizens’ to have collective obligations visà- vis large-scale injustice? In this paper, I propose to pay closer attention to the different kinds of collective action needed in addressing some of these structural injustices and the extent to which these are available to large, unorganised groups of people. I argue that large, dispersed and unorganised groups of people are (...) often in a position to perform distributive collective actions. As such, ordinary citizens can have massively shared obligations to address structural injustice through distributive action, but, ultimately, such obligations are ‘collective’ only in a fairly weak sense. (shrink)

The challenges facing us today require practical wisdom to allow us to react appropriately. In this paper, we argue that at a group level, we will make better decisions if we respect and take into account the moral judgment of agents with diverse styles of cognition and moral reasoning. We show this by focusing on the example of autism, highlighting different strengths and weaknesses of moral reasoning found in autistic and non-autistic persons respectively.

This chapter provides a high-level introduction to the topic of propaganda. We survey a number of the most influential accounts of propaganda, from the earliest institutional studies in the 1920s to contemporary academic work. We propose that these accounts, as well as the various examples of propaganda which we discuss, all converge around a key feature: persuasion which bypasses audiences’ rational faculties. In practice, propaganda can take different forms, serve various interests, and produce a variety of effects. Propaganda can aim (...) to affect not only audiences’ beliefs and attitudes, but also their emotions and moods, and in turn how audiences subsequently reason or act. While propaganda is often thought of as false or misinformation, it can instead involve framing effects (“The war on drugs”), covert messaging (“There are Muslims among us”), emotionally charged slogans (“Make America Great Again”), or myths (“The American dream”). These forms of propaganda mislead audiences, not by introducing false information, but by making some beliefs and values, rather than others, salient. In fact, propaganda can even employ straightforwardly true claims (again, as in “There are Muslims among us”) and seemingly objective bureaucratic reports (“Crime has risen 4.2%”). To understand how these and other mechanisms enable propaganda to persuade by arational means, further study is needed. To that end, throughout the chapter we identify a number of places where the study of meaning and communication can help elucidate propaganda, as well as the places where propaganda issues challenges for the study of meaning. (shrink)

Die vorliegende Schrift unternimmt eine Revision des vorherrschenden Bildes der Rolle und der Konzeptionen von Moral und Ethik im Wiener Kreis. Dieses Bild wird als zu einseitig und undifferenziert zurückgewiesen. Die Ansicht, die Mitglieder des Wiener Kreises hätten kein Interesse an Moral und Ethik gezeigt, wird widerlegt. Viele Mitglieder waren nicht nur moralisch und politisch interessiert, sondern auch engagiert. Des Weiteren vertraten nicht alle die Standardauffassung logisch-empiristischer Ethik, die neben der Anerkennung deskriptiv-empirischer Untersuchungen durch die Ablehnung jeglicher normativer und inhaltlicher (...) Ethik und der Verfechtung eines extremen Nonkognitivismus geprägt ist. Am meisten entspricht die Standardauffassung den Ansichten Rudolf Carnaps, weniger bereits jenen Karl Mengers, Otto Neuraths oder Philipp Franks. Am weitesten weichen Moritz Schlick, Victor Kraft sowie Herbert Feigl von der Standardauffassung ab. Entgegen dem herkömmlichen Bild weltabgewandter Logiker und Metaethiker wurde im Wiener Kreis sogar Angewandte Ethik betrieben, und dies bereits unter diesem Namen. Neben den ethischen Hauptthemen und Ansichten der jeweiligen Philosophen in ihrer Entwicklung im Rahmen ihres persönlichen und kulturellen Kontextes zeigt die Untersuchung, dass allen Ansätzen eine aufgeklärte und humanistische Version von Moral und Ethik gemeinsam ist. Dieser wissenschaftliche Humanismus, der sich schon in der Programmschrift Wissenschaftliche Weltauffassung. Der Wiener Kreis findet, liegt jedoch in verschiedenen Ausprägungen vor. Was die Abweichungen von der Standardauffassung wesentlich betrifft, ist ihre unterschiedliche Auffassung von Moral als gemeinsames oder individuelles Unternehmen. Carnap führt ein extremer Individualismus zu einem extremen Nonkognitivismus, in dem ihm Menger folgt. Bei Schlick ist die Lage zweideutig, was sich in unterschiedlichen Moralbegriffen widerspiegelt. Bei Kraft und Feigl tritt das Verständnis von Moral als gemeinschaftlich geteilte Praxisform klar hervor. Auf der Basis eines gemeinsamen Begriffs des moralisch Guten, der auch eine Sachkomponente enthält, ist eine Verständigung über moralische Fragen möglich. Von einem extremen Nonkognitivismus kann dort nicht mehr die Rede sein. Mit diesen Ergebnissen verbietet es sich, dem Wiener Kreis allgemein eine Ablehnung normativer Ethik und einen extremen Nonkognitivismus zuzuschreiben. Eine systematische Ethik, die Moral als Gemeinschaftspraxis begreift, steht einigen im Wiener Kreis näher, als das vorherrschende Bild suggerieren möge. Wer meint, mit engem Bezug zur Tradition des Wiener Kreises nur Carnap folgen zu können und Ethik als suspektes Unternehmen betrachten zu müssen, irrt. Ethik war in der Tradition Analytischer Philosophie nicht immer so marginalisiert, wie sie es in manchen ihrer Teilrichtungen heute noch ist und Gegner(innen) der Analytischen Philosophie vorwerfen. Die vorliegende Untersuchung liefert die nötige Revision einer verfänglichen Fehlentwicklung. (shrink)

In this article, I will consider whether, and in what way, doxastic states can harm. I’ll first consider whether, and in what way, a person’s doxastic state can harm her, before turning to the question of whether, and in what way, it can harm someone else.

Environmental ethicists have been arguing for decades that swift action to protect our natural environment is morally paramount, and that our concern for the environment should go beyond its importance for human welfare. It might be thought that the widespread acceptance of moral anti-realism would undermine the aims of environmental ethicists. One reason is that recent empirical studies purport to show that moral realists are more likely to act on the basis of their ethical convictions than anti-realists. In addition, it (...) is sometimes argued that only moral realists can countenance the claim that nature is intrinsically valuable. Against this, we argue that the acceptance of moral anti-realism is no threat to the environmentalist cause. We argue, further, that the acceptance of moral realism is potentially an obstacle to delivering on a third core environmental ethicist demand: namely, that successful action on climate change and environmental destruction requires us to change some of our commonly-held ethical views and to achieve a workable consensus. (shrink)

Recent years have witnessed an increase in bear sightings in Latvia, causing a change of tone in the country’s media outlets, regarding the return of “wild” animals. The unease around bear reappearance leads me to investigate the affective side of relations with beings that show strength and resilience in more-than-human encounters in human-inhabited spaces. These relations are characterized by the contrasting human feelings of alienation vis-à-vis their environments today and a false sense of security, resulting in disbelief to encounter beings (...) capable of challenging human exceptionalism. In a broader sense, the unease connects to human self-constitution and the fragility of the self, fueled by the domination of substance ontologies. This article considers bears as beings “in exile,” as potential threats to human self-pronounced exceptionality, and thus, examples of experienced abject regarding human subjectivity. The article aims to analyze the way the constitution of human selfhood is tied to the alienation of wildlife and its genealogical and biopolitical context and to question if a reconceptualization of the human/nonhuman relations via process, instead of substance ontology, is needed. (shrink)

This chapter explores the question of whether or not individual agents are under a moral obligation to reduce their ‘antimicrobial footprint’. An agent’s antimicrobial footprint measures the extent to which her actions are causally linked to the use of antibiotics. As such, it is not necessarily a measure of her contribution to antimicrobial resistance. Talking about people’s antimicrobial footprint in a way we talk about our carbon footprint may be helpful for drawing attention to the global effects of individual behaviour (...) and for highlighting that our choices can collectively make a real difference. But can we be morally obligated to make a contribution to resolving a collective action problem when our individual contributions by themselves make no discernible difference? I will focus on two lines of argument in favour of such obligations: whether a failure to reduce one’s antimicrobial footprint is unfair and whether it constitutes wrongdoing because it is harmful. I conclude by suggesting that the argument from collective harm is ultimately more successful. (shrink)

Philosophical discussion about the reality of sensory perceptions has been hijacked by two tendencies. First, talk about perception has been largely centered on vision. Second, the realism question is traditionally approached by attaching objects or material structures to matching contents of sensory perceptions. These tendencies have resulted in an argumentative impasse between realists and anti-realists, discussing the reliability of means by which the supposed causal information transfer from object to perceiver takes place. Concerning the nature of sensory experiences and their (...) capacity to provide access to reality, this article challenges the standard categories through which most arguments in this debate have been framed to date. Drawing on the underexplored case of olfaction, I first show how the details of the perception process determine the modalities of sensory experiences. I specifically examine the role of measurement and analyze its influence on the characterization of perceptions in olfaction. My aim is to argue for an understanding of perception through a process view, rather than one pertaining to objects and properties of objects. (shrink)

Dog whistling—speech that seems ordinary but sends a hidden, often derogatory message to a subset of the audience—is troubling not just for our political ideals, but also for our theories of communication. On the one hand, it seems possible to dog whistle unintentionally, merely by uttering certain expressions. On the other hand, the intention is typically assumed or even inferred from the act, and perhaps for good reason, for dog whistles seem misleading by design, not just by chance. In this (...) paper, I argue that, to understand when and why it’s possible to dog-whistle unintentionally (and indeed, intentionally), we’ll need to recognize the structure of our linguistic practices. For dog whistles and for covertly coded speech more generally, this structure is a pair of practices, one shared by all competent speakers and the other known only to some, but deployable in the same contexts. In trying to identify these enabling conditions, we’ll discover what existing theories of communicated content overlook by focusing on particular utterances in isolation, or on individual speakers’ mental states. The remedy, I argue, lies in attending to the ways in which what is said is shaped by the temporally extended, socio-politically structured linguistic practices that utterances instantiate. (shrink)

Do sensory measurements deserve the label of “measurement”? We argue that they do. They fit with an epistemological view of measurement held in current philosophy of science, and they face the same kinds of epistemological challenges as physical measurements do: the problem of coordination and the problem of standardization. These problems are addressed through the process of “epistemic iteration,” for all measurements. We also argue for distinguishing the problem of standardization from the problem of coordination. To exemplify our claims, we (...) draw on olfactory performance tests, especially studies linking olfactory decline to neurodegenerative disorders. (shrink)

We use generic sentences like ‘Blondes are stupid’ to express stereotypes. But why is this? Does the fact that we use generic sentences to express stereotypes mean that stereotypes are themselves, in some sense, generic? I argue that they are. However, stereotypes are mental and generics linguistic, so how can stereotypes be generic? My answer is that stereotypes are generic in virtue of the beliefs they contain. Stereotypes about blondes being stupid contain a belief element, namely a belief that blondes (...) are stupid. This belief is an attitude taken towards the same proposition expressed by the sentence ‘Blondes are stupid’, hence why we use the latter to articulate the former. -/- This generic account of stereotypes can help us better understand their inner workings. I focus on one feature of generics, variability in the types of facts that can make them true, and argue that it can explain how stereotypes shape inferential patterns and thereby guide how we treat members of stereotyped groups. This feature, in turn, illuminates the harms caused by stereotyping and suggests some courses of action. (shrink)

Is the sense of smell a source of aesthetic perception? Traditional philosophical aesthetics has centered on vision and audition but eliminated smell for its subjective and inherently affective character. This article dismantles the myth that olfaction is an unsophisticated sense. It makes a case for olfactory aesthetics by integrating recent insights in neuroscience with traditional expertise about flavor and fragrance assessment in perfumery and wine tasting. My analysis concerns the importance of observational refinement in aesthetic experience. I argue that the (...) active engagement with stimulus features in perceptual processing shapes the phenomenological content, so much so that the perceptual structure of trained smelling varies significantly from naive smelling. In a second step, I interpret the processes that determine such perceptual refinement in the context of neural decision-making processes, and I end with a positive outlook on how research in neuroscience can be used to benefit philosophical aesthetics. (shrink)

This quantitative study explores the acceptability of Online Learning Action Cell (LAC) practice as a school-based professional development strategy for Tagumpay National High School (TNHS) teachers. The research was motivated by the Department of Education (DepEd) Order No. 35 s. 2016 which prompts public schools to comply with the implementation of LAC sessions because it has a positive impact on teachers’ beliefs and practices resulting in education reforms for learners’ benefit. However, in compliance with DepEd’s policy on maximizing Time-On-Task (DepEd (...) Order No. 9 s. 2005) and the teacher’s conflict of schedule and other ancillary and coordination functions, absences or non-participation in classroom LAC was noted. The viability of offering Online LAC sessions using appropriate media and technologies to provide more options and flexibility for the study is suggested and tested utilizing a conceptual framework drawn from DepEd Order No. 35 s. 2016, Simonson’s Equivalency Theory and Anderson’s Community of Inquiry (COI). A descriptive survey method was used in this study with purposive sampling identifying ten Technology and Livelihood Education (TLE) teachers to pilot the Online LAC based on the memorandum issued by the school head. The subjects went through a week of experience in a LAC session using Facebook (FB) as Learning Management System (LMS) while a researcher-designed survey tool in the form of a Likert-type scale questionnaire was administered via Google forms before and after the online session to measure teacher’s acceptability of Online LAC Session practice. In the analysis, a descriptive statistic shows that pre-post survey results on Online LAC session planning is from ‘moderately acceptable’ to ‘very highly acceptable’; implementation is from ‘acceptable’ to ‘very highly acceptable’, and evaluation is from ‘moderately acceptable’ to ‘very highly acceptable’. TNHS teachers' acceptability of Online LAC session practice increases after their participation in a fully-online learning environment. Limitations, recommendations, future research directions, and conclusions are also included in the study. -/- . (shrink)

We aimed to identify the critical insights from empirical peer-reviewed studies on online romance fraud published between 2000 and 2021 through a systematic literature review using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) protocol. The corpus of studies that met our inclusion criteria comprised twenty-six studies employing qualitative (n = 13), quantitative (n = 11), and mixed (n = 2) methods. Most studies focused on victims, with eight focusing on offenders and fewer investigating public perspectives. All the (...) victim-focused studies relied on data from the Global North, except for Malaysia. Five offender-focused studies used online data available in the public domain, and three derived their data from West Africa. Our review highlights offenders' techniques to deceive and manipulate victims, as revealed in these studies, and highlights some limitations of offender- and victim-focused studies. The dominant framework used across the studies was found to be the “Scammers Persuasive Techniques Model.” While this framework provides a helpful way of considering the stages of victim involvement, it also faces some limitations, which we highlight. Our study reviews the current state of empirical knowledge on romance fraud and identifies certain gaps and biases in the literature. We argue there is a need for further research into online romance fraud to enhance our understanding of it both from the perspective of the offender as well as the experience of the victim. We also highlight the need for a more inclusive and greater range of regional and global diverse range of data sources and perspectives. Given the scale and impact of online romance fraud, we conclude that its study would benefit from a richer empirical engagement that recognizes it as both a regional and global phenomenon. (shrink)

Defenders of pragmatic encroachment in epistemology hold that practical factors have implications for a belief’s epistemic status. Paradigm defenders of pragmatic encroachment have held—to state their positions roughly— that whether someone’s belief that p constitutes knowledge depends on the practical reasons that she has (Stanley 2005), that knowing p is necessary and sufficient for treating p as a reason for action (Hawthorne and Stanley 2008), or that knowing p is sufficient for reasonably acting as if p (Fantl and McGrath 2009: (...) 66). Although their defenders may not always pose their theses in the language of practical reasons, the idea of a practical reason is central to each of these views. Yet there remain issues concerning the nature and basis of practical reasons on which defenders of pragmatic encroachment have not taken a position, including—as I will explain—the issue of whether internalism or externalism about reasons is true. It may be thought that the position the defender of pragmatic encroachment takes on this does not make a difference to the truth or falsity of her main thesis. In this chapter, I will show that it does matter, in the sense that her view will generate different verdicts about cases depending on whether she endorses internal- ism or externalism about reasons. Given the role of cases in providing intui- tive support for or against the theory, this, in turn, makes a difference to the plausibility of pragmatic encroachment. (shrink)

Erarbeitet von Dominik Balg, Anne Burkard, Henning Franzen, Aenna Frottier, David Lanius, David Löwenstein, Hanna Lucks, Kirsten Meyer, Donata Romizi, Katharina Schulz, Stefanie Thiele und Annett Wienmeister. -/- Die Entwicklung argumentativer Fähigkeiten ist ein zentrales Ziel des Ethik- und Philosophieunterrichts, ja überhaupt ein zentrales Bildungsziel. Wie aber kann das gelingen? In vielen verfügbaren Unterrichtsmaterialien werden argumentative Fähigkeiten eher vorausgesetzt als systematisch gefördert. Auch curriculare Vorgaben bleiben zumeist sehr unspezifisch. Lehrpersonen werden so weitgehend allein gelassen mit der Aufgabe, Lernende beim Erwerb (...) argumentativer Fähigkeiten zu fördern. Die vorliegende Aufgabensammlung soll dazu beitragen, diese Lücke zu schließen. Sie bietet Lehrpersonen reichhaltige Materialien für die spiralcurricular angelegte, systematische Förderung argumentativer Fähigkeit anhand exemplarischer Inhalte. Orientiert an klaren fachlichen Standards finden sich hier Aufgaben auf vier Niveaustufen, jeweils in Verbindung mit übersichtlichen Merkblättern. Die Aufgaben der beiden unteren Niveaustufen lassen sich bereits für jüngere Lernende der Sekundarstufe einsetzen, Aufgaben der obersten Niveaustufe richten sich an Lernende von Abschlussklassen oder der Studieneingangsphase. Für die Hand der Lehrpersonen werden die Aufgaben und Merkblätter durch fachliche und didaktische Kommentare sowie Lösungshinweise ergänzt. (shrink)

As analysis of Kant’s account of virtue in the Lectures on Ethics shows that Kant thinks of virtue as a form of moral self-mastery or self-command that represents a model of self-governance he compares to an autocracy. In light of the fact that the very concept of virtue presupposes struggle and conflict, Kant insists that virtue is distinct from holiness and that any ideal of moral perfection that overlooks the fact that morality is always difficult for us fails to provide (...) an appropriate model of human virtue. No matter how morally good we are or become, virtue remains a disposition to do one’s duty from duty, out of necessitation by practical reason. Yet, even though finite rational beings require a power of self-constraint in accordance with the commands of duty to comply with the law (which we obey reluctantly), the virtuous agent displays a unified soul that is at peace. This picture of virtue uncovered from the Lectures on Ethics thus reveals the way in which Kant’s conception of virtue accords with his foundational commitments in his moral theory, while at the same time representing a more complex theory of moral character and a life lived in accordance with practical reason. (shrink)

How much does stimulus input shape perception? The common-sense view is that our perceptions are representations of objects and their features and that the stimulus structures the perceptual object. The problem for this view concerns perceptual biases as responsible for distortions and the subjectivity of perceptual experience. These biases are increasingly studied as constitutive factors of brain processes in recent neuroscience. In neural network models the brain is said to cope with the plethora of sensory information by predicting stimulus regularities (...) on the basis of previous experiences. Drawing on this development, this chapter analyses perceptions as processes. Looking at olfaction as a model system, it argues for the need to abandon a stimulus-centred perspective, where smells are thought of as stable percepts, computationally linked to external objects such as odorous molecules. Perception here is presented as a measure of changing signal ratios in an environment informed by expectancy effects from top-down processes. (shrink)

Moral duties concerning climate change mitigation are – for good reasons – conventionally construed as duties of institutional agents, usually states. Yet, in both scholarly debate and political discourse, it has occasionally been argued that the moral duties lie not only with states and institutional agents, but also with individual citizens. This argument has been made with regard to mitigation efforts, especially those reducing greenhouse gases. This paper focuses on the question of whether individuals in industrialized countries have duties to (...) reduce their individual carbon footprint. To this end it will examine three kinds of arguments that have been brought forward against individuals having such duties: the view that individual emissions cause no harm; the view that individual mitigation efforts would have no morally significant effect; and the view that lifestyle changes would be overly-demanding. The paper shows how all three arguments fail to convince. While collective endeavours may be most efficient and effective in bringing about significant changes, there are still good reasons to contribute individually to reducing emission. After all, for most people the choice is between reducing one’s individual emissions and not doing anything. The author hopes this paper shows that one should not opt for the latter. (shrink)

In this paper, we propose a framework for fostering argumentative skills in a systematic way in Philosophy and Ethics classes. We start with a review of curricula and teaching materials from the German-speaking world to show that there is an urgent need for standards for the teaching and learning of argumentation. Against this backdrop, we present a framework for such standards that is intended to tackle these difficulties. The spiral-curricular model of argumentative competences we sketch helps teachers introduce the relevant (...) concepts and skills to students early on in their school career. The focus is on secondary schools, but the proposal can also be of use for learning and teaching in universities, especially in introductory classes. (shrink)

This paper is about an underappreciated aspect of generics: their non-specificity. Many uses of generics, utterances like ‘Seagulls swoop down to steal food’, express non-specific generalisations which do not specify their quantificational force or flavour. I consider whether this non-specificity arises as a by-product of context-sensitivity or semantic incompleteness but argue instead that generics semantically express non-specific generalisations by default as a result of quantifying existentially over more specific ones.

Short piece for The Philosophers' Magazine on why philosophers should pay attention to olfaction.

In recent decades, concepts of group agency and the morality of groups have increasingly been discussed by philosophers. Notions of collective or joint duties have been invoked especially in the debates on global justice, world poverty and climate change. This paper enquires into the possibility and potential nature of moral duties individuals in unstructured groups may hold together. It distinguishes between group agents and groups of people which – while not constituting a collective agent – are nonetheless capable of performing (...) a joint action. It attempts to defend a notion of joint duties which are neither duties of a group agent nor duties of individual agents, but duties held jointly by individuals in unstructured groups. Furthermore, it seeks to illuminate the relation between such joint duties on the one hand and individual duties on the other hand. Rebutting an argument brought forward by Wringe, the paper concludes that it is not plausible to assume that all humans on earth can together hold a duty to mitigate climate change or to combat global poverty given that the members of that group are not capable of joint action. (shrink)

ABSTRACTIn this paper I defend a form of epistocracy I call limited epistocracy – rule by institutions housing expertise in non-political areas that become politically relevant. This kind of limited epistocracy, I argue, isn't a far-off fiction. With increasing frequency, governments are outsourcing political power to expert institutions to solve urgent, multidimensional problems because they outperform ordinary democratic decision-making. I consider the objection that limited epistocracy, while more effective than its competitors, lacks a fundamental intrinsic value that its competitors have; (...) namely, political inclusion. After explaining this challenge, I suggest that limited epistocracies can be made compatible with robust political inclusion if specialized institutions are confined to issuing directives that give citizens multiple actionable options. I explain how this safeguards citizens’ inclusion through rational deliberation, choice, and contestation. (shrink)