Étant donné la définition de l'eugénisme, il est très difficile d'établir une distinction claire entre la science (médecine, ingénierie génétique) et l'eugénisme en tant que domaine inclus. Et pour définir une ligne sur laquelle l'ingénierie génétique ne devrait pas aller plus loin, conformément aux normes morales, juridiques et religieuses. Si nous acceptons l'aide de la génétique pour trouver des moyens de lutter contre le cancer, le diabète ou le VIH, nous acceptons également l'eugénisme positif tel qu'il est défini à présent. (...) Et si nous acceptons le dépistage génétique et les interventions sur le fœtus, ou l’avortement, nous acceptons implicitement l’eugénisme négatif. En outre, au niveau gouvernemental, bien que l'eugénisme soit officiellement refusé, il a été légalisé dans de nombreux pays jusqu'à récemment et est toujours accepté et légalisé, même sous des formes subtiles, même de nos jours. -/- TABLE: -/- Abstract Introduction 1. Histoire de l'eugénisme - 1.1 Antiquité - 1.2 Le darwinisme social - 1.3 Francis Galton - 1.4 Charles Davenport - 1.5 L'eugenisme en tant que politique d'État - - 1.5.1 L'eugenisme en États-Unis - - 1.5.2 L'eugenisme en Allemagne - 1.6 La période d'après-guerre 2. L'eugénisme actuel - 2.1 L'eugénisme libéral - 2.2 L'eugénisme en tant que politique d'État 3. L'éthique de l'eugénisme 4. L'avenir de l'eugénisme Conclusions Bibliographie -/- DOI: 10.13140/RG.2.2.12520.83203 . (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)

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)

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)

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 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)

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 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)

The no-miracles argument and the pessimistic induction are arguably the main considerations for and against scientific realism. Recently these arguments have been accused of embodying a familiar, seductive fallacy. In each case, we are tricked by a base rate fallacy, one much-discussed in the psychological literature. In this paper we consider this accusation and use it as an explanation for why the two most prominent `wholesale' arguments in the literature seem irresolvable. Framed probabilistically, we can see very clearly why realists (...) and anti-realists have been talking past one another. We then formulate a dilemma for advocates of either argument, answer potential objections to our criticism, discuss what remains (if anything) of these two major arguments, and then speculate about a future philosophy of science freed from these two arguments. In so doing, we connect the point about base rates to the wholesale/retail distinction; we believe it hints at an answer of how to distinguish profitable from unprofitable realism debates. In short, we offer a probabilistic analysis of the feeling of ennui afflicting contemporary philosophy of science. (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)

“Love hurts”—as the saying goes—and a certain amount of pain and difficulty in intimate relationships is unavoidable. Sometimes it may even be beneficial, since adversity can lead to personal growth, self-discovery, and a range of other components of a life well-lived. But other times, love can be downright dangerous. It may bind a spouse to her domestic abuser, draw an unscrupulous adult toward sexual involvement with a child, put someone under the insidious spell of a cult leader, and even inspire (...) jealousy-fueled homicide. How might these perilous devotions be diminished? The ancients thought that treatments such as phlebotomy, exercise, or bloodletting could “cure” an individual of love. But modern neuroscience and emerging developments in psychopharmacology open up a range of possible interventions that might actually work. These developments raise profound moral questions about the potential uses—and misuses—of such anti-love biotechnology. In this article, we describe a number of prospective love-diminishing interventions, and offer a preliminary ethical framework for dealing with them responsibly should they arise. (shrink)

Kierkegaard defended romantic motives for marriage at a time in European culture when marriages were still usually arranged for family convenience, status, and social position. The Judge's underappreciated first letter in Either/Or II views romantic love as a bildungs-process that can lead towards neighbor-love, mediating the sharp contrasts that are stressed in his later signed Works of Love.

In response to historical challenges, advocates of a sophisticated variant of scientific realism emphasize that theoretical systems can be divided into numerous constituents. Setting aside any epistemic commitment to the systems themselves, they maintain that we can justifiably believe those specific constituents that are deployed in key successful predictions. Stathis Psillos articulates an explicit criterion for discerning exactly which theoretical constituents qualify. I critique Psillos's criterion in detail. I then test the more general deployment realist intuition against a set of (...) well-known historical cases, whose significance has, I contend, been overlooked. I conclude that this sophisticated form of realism remains threatened by the historical argument that prompted it. A criterion for scientific realism Assessing the criterion A return to the crucial insight: responsibility A few case studies Assessing deployment realism. (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)

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)

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)

Homeostatic property clusters (HPCs) are offered as a way of understanding natural kinds, especially biological species. I review the HPC approach and then discuss an objection by Ereshefsky and Matthen, to the effect that an HPC qua cluster seems ill-fitted as a description of a polymorphic species. The standard response by champions of the HPC approach is to say that all members of a polymorphic species have things in common, namely dispositions or conditional properties. I argue that this response fails. (...) Instances of an HPC kind need not all be similar in their exhibited properties. Instead, HPCs should instead be understood as unified by the underlying causal mechanism that maintains them. The causal mechanism can both produce and explain some systematic differences between a kind’s members. An HPC kind is best understood not as a single cluster of properties maintained in stasis by causal forces, but as a complex of related property clusters kept in relation by an underlying causal process. This approach requires recognizing that taxonomic systems serve both explanatory and inductive purposes. (shrink)

In this paper we distinguish two issues that are often run together in discussions about physicalism. The first issue concerns levels. How do entities picked out by non-physical terminology, such as biological or psychological terminology, relate to physical entities? Are the former identical to, or metaphysically supervenient on, the latter? The second issue concerns physical parts and wholes. How do macroscopic physical entities relate to their microscopic parts? Are the former generally determined by the latter? We argue that views on (...) these two issues are independent of one another and should not be conflated. (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)

Nhiều nаm hơn nữ đượс đăng ký tên trên GCNQSDĐ. Phụ nữ sở hữu ít mảnh đất hơn nаm giới. Điều này đượс giải thíсh là dо phụ nữ tiếp сận đất đаi hạn сhế, vì ít mảnh đất hơn сhỉ dо phụ nữ sở hữu hоặс đồng sở hữu. Một số yếu tố giải thíсh sự kháс biệt. Để bắt đầu, đánh giá định tính và khảо sát сủа сhúng tôi сhо thấy rằng сáс khíа сạnh văn hóа ưu (...) tiên nаm giới như ưu tiên соn trаi trоng thựс hành thừа kế vẫn сòn phù hợp ở Việt Nаm. Những kết quả này сhо thấy сần сó những người hành nghề xã hội và pháp luật và сhính quyền làm việс ở сấp xã để hỗ trợ nhu сầu сủа người dân về thông tin về luật, quyền сủа họ và сáс quy trình để сó đượс đất. Tiếp сận сáс xã này để сảm hóа và thúс đẩy bình đẳng giới trоng quá trình сấp giấy сhứng nhận quyền sử dụng đất sẽ là một bướс đi đúng hướng quаn trọng. Cáс сơ quаn сhứс năng сấp tỉnh сấp GCNQSDĐ сần сảnh giáс và yêu сầu làm rõ khi người dân muốn đăng ký tài sản mà không ghi tên vợ hоặс сhồng. (shrink)

In a recent article, Joel Pust argued that direct inference based on reference properties of differing arity are incommensurable, and so direct inference cannot be used to resolve the Sleeping Beauty problem. After discussing the defects of Pust's argument, I offer reasons for thinking that direct inferences based on reference properties of differing arity are commensurable, and that we should prefer direct inferences based on logically stronger reference properties, regardless of arity.

The Ockhamist claims that our ability to do otherwise is not endangered by God’s foreknowledge because facts about God’s past beliefs regarding future contingents are soft facts about the past—i.e., temporally relational facts that depend in some sense on what happens in the future. But if our freedom, given God’s foreknowledge, requires altering some fact about the past that is clearly a hard fact, then Ockhamism fails even if facts about God’s past beliefs are soft. Recent opponents of Ockhamism, including (...) David Widerker and Peter van Inwagen, have argued along precisely these lines. Their arguments, if successful, would undermine Ockhamism while avoiding the controversy over the alleged softness of facts about God’s past beliefs. But these arguments do not succeed. The past facts they rely on must be clear and uncontroversial examples of hard facts about the past, and these facts must be such that an ability to refrain from the relevant future action implies an ability to alter the relevant hard fact. We demonstrate the flaw in these arguments by showing how they rely on past facts that do not satisfy these criteria. The Ockhamist may have troubles, but this type of argument is not one of them. (shrink)

In this paper I engage interdisciplinary conversation on inaction as the dominant response to climate change, and develop an analysis of the specific phenomenon of complacency through a critical-feminist lens. I suggest that Chris Cuomo's discussion of the “insufficiency” problem and Susan Sherwin's call for a “public ethics” jointly point toward particularly promising harm-reduction strategies. I draw upon and extend their work by arguing that extant philosophical accounts of complacency are inadequate to the task of sorting out what it means (...) to be complacent on climate change. I offer a sketch for an alternative account, which I take to be a start in the direction of mapping out a diverse array of “motivational vices” that need to be named, grappled with, and remedied. (shrink)

According to many philosophers, psychological explanation canlegitimately be given in terms of belief and desire, but not in termsof knowledge. To explain why someone does what they do (so the common wisdom holds) you can appeal to what they think or what they want, but not what they know. Timothy Williamson has recently argued against this view. Knowledge, Williamson insists, plays an essential role in ordinary psychological explanation.Williamson's argument works on two fronts.First, he argues against the claim that, unlike knowledge, (...) belief is``composite'' (representable as a conjunction of a narrow and a broadcondition). Belief's failure to be composite, Williamson thinks, undermines the usual motivations for psychological explanation in terms of belief rather than knowledge.Unfortunately, we claim, the motivations Williamson argues against donot depend on the claim that belief is composite, so what he saysleaves the case for a psychology of belief unscathed.Second, Williamson argues that knowledge can sometimes provide abetter explanation of action than belief can.We argue that, in the cases considered, explanations that cite beliefs(but not knowledge) are no less successful than explanations that citeknowledge. Thus, we conclude that Williamson's arguments fail both coming andgoing: they fail to undermine a psychology of belief, and they fail tomotivate a psychology of knowledge. (shrink)

As persons we are irreducibly unique and essentially relational. In many contexts individual uniqueness has been accentuated at the expense of communal relationality. Our age has been marked by the loss of deep and meaningful relations to one another, and still more dramatically to the earth and its living creatures. The cosmological dimension of human personhood, that is, has been largely obscured. This chapter argues that our age has been marked increasingly by anesthetizing, alienating, and anonymizing tendencies. It proposes three (...) commensurate responses: aestheticization, or embodied philosophical knowing that remains faithful to the earth; anacarnation, or willful return to the wonders of embodied life, purged of romantic sentimentality; and attestation, or speaking up on behalf of the haecceitas or thisness of living creatures systematically instrumentalized for profit and pleasure. Together these responses help us to regain touch with animality by embracing the earth that hosts us, thus becoming more gracious guests, and to become more fully human by becoming better hosts to the multitude of earth's creatures, whose lives hang in the balance. (shrink)

In a pair of recent articles, Brian Leftow and Eleonore Stump offer independent, although similar, accounts of the metaphysics of the Incarnation. Both believe that their Aquinas-inspired theories can offer solutions to the kind of Leibniz’s Law problems that can seem to threaten the logical possibility of this traditional Christian doctrine. In this paper, I’ll have a look at their compositional account of the nature of God incarnate. In the end, I believe their position can be seen to have unacceptable (...) philosophical and theological implications, and that is it inadequate to solve the Leibniz’s law problems that motivate it in the first place. (shrink)

This paper offers a general characterization of underdetermination and gives a prima facie case for the underdetermination of the topology of the universe. A survey of several philosophical approaches to the problem fails to resolve the issue: the case involves the possibility of massive reduplication, but Strawson on massive reduplication provides no help here; it is not obvious that any of the rival theories are to be preferred on grounds of simplicity; and the usual talk of empirically equivalent theories misses (...) the point entirely. (If the choice is underdetermined, then the theories are not empirically equivalent!) Yet the thought experiment is analogous to a live scientific possibility, and actual astronomy faces underdetermination of this kind. This paper concludes by suggesting how the matter can be resolved, either by localizing the underdetermination or by defeating it entirely. Introduction A brief preliminary Around the universe in 80 days Some attempts at resolving the problem 4.1 Indexicality 4.2 Simplicity 4.3 Empirical equivalence 4.4 Is this just a philosophers' fantasy? Move along... ...nothing to see here 6.1 Rules of repetition 6.2 Some possible replies Conclusion. (shrink)

According to standard scientific realism, science seeks truth and we can justifiably believe that our successful theories achieve, or at least approximate, that goal. In this paper, I discuss the implications of the following competitor thesis: Any theory we may favor has competitors such that we cannot justifiably deny that they are approximately true. After defending that thesis, I articulate three specific threats it poses for standard scientific realism; one is epistemic, the other two are axiological (that is, pertaining to (...) the claim that science seeks truth). I also flag an additional axiological “challenge,” that of how one might justify the pursuit of a primary aim, such as truth. Bracketing epistemic realism, I argue that the axiological threats can be addressed by embracing a refined realist axiological hypothesis, one that specifies a specific subclass of true claims sought in science. And after identifying three potential responses to the axiological “challenge,” I contend that, while standard axiological realism appears to lack the resources required to utilize any of the responses, the refined realist axiology I embrace is well suited to each. (shrink)

Some researchers and autistic activists have recently suggested that because some ‘autism-related’ behavioural atypicalities have a function or purpose they may be desirable rather than undesirable. Examples of such behavioural atypicalities include hand-flapping, repeatedly ordering objects (e.g., toys) in rows, and profoundly restricted routines. A common view, as represented in the Diagnostic and Statistical Manual of Mental Disorders (DSM) IV-TR (APA, 2000), is that many of these behaviours lack adaptive function or purpose, interfere with learning, and constitute the non-social behavioural (...) dysfunctions of those disorders making up the Autism Spectrum. As the DSM IV-TR continues to be the reference source of choice for professionals working with individuals with psychiatric difficulties, its characterization of the Autism Spectrum holds significant sway. We will suggest Extended Mind and Enactive Cognition Theories, which theorize that mind (or cognition) is embodied and environmentally embedded, as coherent conceptual and theoretical spaces within which to investigate the possibility that certain repetitive behaviours exhibited by autistics possess functions or purposes that make them desirable. As lenses through which to re-examine ‘autism-related’ behavioral atypicalities, these theories not only open up explanatory possibilities underdeveloped in the research literature, but also cohere with how some autistics describe their own experience. Our position navigates a middle way between the view of autism as understood in terms of impairment, deficit and dysfunction and one that seeks to de-pathologize the Spectrum. In so doing we seek to contribute to a continuing dialogue between researchers, clinicians and self- or parent advocates. (shrink)

The translational research community, in general, and the Clinical and Translational Science Awards (CTSA) community, in particular, share the vision of repurposing EHRs for research that will improve the quality of clinical practice. Many members of these communities are also aware that electronic health records (EHRs) suffer limitations of data becoming poorly structured, biased, and unusable out of original context. This creates obstacles to the continuity of care, utility, quality improvement, and translational research. Analogous limitations to sharing objective data in (...) other areas of the natural sciences have been successfully overcome by developing and using common ontologies. This White Paper presents the authors’ rationale for the use of ontologies with computable semantics for the improvement of clinical data quality and EHR usability formulated for researchers with a stake in clinical and translational science and who are advocates for the use of information technology in medicine but at the same time are concerned by current major shortfalls. This White Paper outlines pitfalls, opportunities, and solutions and recommends increased investment in research and development of ontologies with computable semantics for a new generation of EHRs. (shrink)

The role of certitude in our mental lives is, to put it mildly, controversial. Many current epistemologists (including epistemologists of religion) eschew certitude altogether. Given his emphasis on certitude, some have maintained that John Henry Newman was an infallibilist about knowledge. In this paper, we argue that a careful examination of his thought (especially as seen in the Grammar of Assent) reveals that he was an epistemic fallibilist. We first clarify what we mean by fallibilism and infallibilism. Second, we explain (...) why some have read Newman as an infallibilist. Third, we offer two arguments that Newman is at least a fallibilist in a weak sense. In particular, the paradox he seeks to resolve in the Grammar and his dispute with John Locke both indicate that he is at least a weak fallibilist. We close with a consideration of whether Newman is a fallibilist in a much stronger sense as well. (shrink)

It has been common wisdom for centuries that scientific inference cannot be deductive; if it is inference at all, it must be a distinctive kind of inductive inference. According to demonstrative theories of induction, however, important scientific inferences are not inductive in the sense of requiring ampliative inference rules at all. Rather, they are deductive inferences with sufficiently strong premises. General considerations about inferences suffice to show that there is no difference in justification between an inference construed demonstratively or ampliatively. (...) The inductive risk may be shouldered by premises or rules, but it cannot be shirked. Demonstrative theories of induction might, nevertheless, better describe scientific practice. And there may be good methodological reasons for constructing our inferences one way rather than the other. By exploring the limits of these possible advantages, I argue that scientific inference is neither of essence deductive nor of essence inductive. (shrink)

Obóz Kultury 2.0 Mirosław Filiciak, Alek Tarkowski, Agata Jałosińska, Andrzej Klimczuk, Maciej Rynarzewski, Jacek Seweryn, Stunża M., D. Grzegorz, Marcin Wilkowski & Anna Orlik .

During the last two decades the role of quantitative genetics in evolutionary theory has expanded considerably. Quantitative genetic-based models addressing long term phenotypic evolution, evolution in multiple environments (phenotypic plasticity) and evolution of ontogenies (developmental trajectories) have been proposed. Yet, the mathematical foundations of quantitative genetics were laid with a very different set of problems in mind (mostly the prediction of short term responses to artificial selection), and at a time in which any details of the genetic machinery were virtually (...) unknown. In this paper we discuss what a model is in population biology, and what kind of model we need in order to address the complexities of phenotypic evolution. We review the assumptions of quantitative genetics and its most recent accomplishments, together with the limitations that such assumptions impose on the modelling of some aspects of phenotypic evolution. We also discuss three alternative appr oaches to the theoretical description of evolutionary trajectories (nonlinear dynamics, complexity theory and optimization theory), and their respective advantages and limitations. We conclude by calling for a new theoretical synthesis, including quantitative genetics and not necessarily limited to the other approaches here discussed. (shrink)

Background theories in science are used both to prove and to disprove that theory choice is underdetermined by data. The alleged proof appeals to the fact that experiments to decide between theories typically require auxiliary assumptions from other theories. If this generates a kind of underdetermination, it shows that standards of scientific inference are fallible and must be appropriately contextualized. The alleged disproof appeals to the possibility of suitable background theories to show that no theory choice can be timelessly or (...) noncontextually underdetermined: Foreground theories might be distinguished against different backgrounds. Philosophers have often replied to such a disproof by focussing their attention not on theories but on Total Sciences. If empirically equivalent Total Sciences were at stake, then there would be no background against which they could be differentiated. I offer several reasons to think that Total Science is a philosophers' fiction. No respectable underdetermination can be based on it. (shrink)

This paper sets mathematics among the sciences, despite not being empirical, because it studies relations of various sorts, like the sciences. Each empirical science studies the relations among objects, which relations determining which science. The mathematical science studies relations as such, regardless of what those relations may be or be among, how relations themselves are related. This places it at the extreme among the sciences with no objects of its own (A Subject with no Object, by J.P. Burgess and G. (...) Rosen). Examples are discussed. The historical development of written mathematics from algorithms on clay tablets to theorems with proofs is said to show that application of algorithms to specific problems and theorems to scientific objects is like allegorical interpretation. Mathematics fits into the modern scientific context because the sciences, beginning with Galileo, have been constructed in imitation of mathematics. Viewing mathematics this way does not solve any ontological problems, but it does show how mathematics avoids them. Epistemological problems, insuperable for object realism, are simplified. For example, we have access to relations among any objects that we can consider objectively, first physical objects and then mathematical objects of greater and greater abstraction. (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)

Not only did Paracelsus (1493-1541) censure the logic of the Aristotelians, but also their "Godless" approach to questioning nature. He declared that Aristotle was “a heathen whose work had rightly been condemned repeatedly in church councils." In this essay I elucidate some of the more salient features of Paracelsus’s "epistemology," and draw parallels between his notion of experientia (Erfahrung) and that of Hans-Georg Gadamer. I also discuss Paracelsus’s educational metaphor, his creation myth, and the mysterious doctrine of signatures en route (...) to uncovering his peculiar understanding of the relationship between theory, practice, and experience. (shrink)