In this chapter, I consider three ‘promises’ of bringing phenomenology into dialogue with networked learning. First, a ‘conceptual promise’, which draws attention to conceptual resources in phenomenology that can inspire and inform how we understand, conceive of, and uncover experiences of participants in networked learning activities and environments. Second, a ‘methodological promise’, which outlines a variety of ways that phenomenological methodologies and concepts can be put to use in empirical research in networked learning. And third, a ‘critical promise’, which suggests (...) how work done in the realm of critical phenomenology is complementary to and useful for exploring the social justice and emancipatory aims of networked learning researchers. Through this framework, I reflect upon multiple ways in which phenomenology has and might continue to fruitfully inform and shape networked learning research. In doing so, I emphasise that deploying phenomenology in the context of networked learning not only enriches our understanding of networked learning but that phenomenology itself is enriched through testing, finetuning, and expanding its methods, concepts, and understanding, as well as unveiling its own limitations and constraints. (shrink)

Loneliness is a near-universal experience. It is particularly common for individuals with (so-called) psychopathological conditions or disorders. In this paper, we explore the experiential character of loneliness, with a specific emphasis on how social goods are experienced as absent in ways that involve a diminished sense of agency and recognition. We explore the role and experience of loneliness in three case studies: depression, anorexia nervosa, and autism. We demonstrate that even though experiences of loneliness might be common to many psychopathologies, (...) these experiences nevertheless have distinctive profiles. Specifically, we suggest that: (i) loneliness is often a core characteristic of depressive experience; (ii) loneliness can drive, and even cement, disordered eating practices and anorectic identity in anorexia nervosa; iii) loneliness is neither a core characteristic of autism nor a driver but is rather commonly experienced as stemming from social worlds, environments, and norms that fail to accommodate autistic bodies and their distinctive forms of life. We aim to do justice to the pervasiveness of loneliness in many — if not all — psychopathologies, while also highlighting the need to attend to psychopathology-specific experiences of loneliness, agency, and (non-)recognition. (shrink)

We argue that relating to myself as me provides, as such, a reason to care about myself: grasping that an event involves me, instead of another, makes it matter in a special way. Further, this self-concern is not simply a matter of seeing in myself some instrumental value for other ends. We use as our foil a recent skeptical challenge to this view offered in Setiya 2015. We think the case against self-concern is powered by unwarrantedly narrow construals of three (...) key notions. One is the notion of a first-personal way of relating to oneself. A narrow account of the first person in terms of special epistemic relations to oneself makes it easy to overlook a source of non-instrumental reasons of self-concern, located in the special relation a subject has to herself as agent. Two is the notion of what it is to be a reason. And, three, is the notion of self-concern itself. We show that the skeptical case rests in part on a slide towards neighbouring but distinct notions of egoism and selfishness. We also argue that Setiya’s notion of self-love, offered to capture the pre-theoretical intuition of self-concern, cannot do it justice. (shrink)

In recent years, much public attention has been devoted to the existence of pay discrepancies between men and women at the upper end of the income scale. For example, there has been considerable discussion of the ‘Hollywood gender pay gap’. We can refer to such discrepancies as cases of millionaire inequality. These cases generate conflicting intuitions. On the one hand, the unequal remuneration involved looks like a troubling case of gender injustice. On the other, it’s natural to feel uneasy when (...) confronted with the suggestion that multi-millionaires are somehow being paid inadequately. In this paper, we consider two arguments for rectifying millionaire inequality, clarifying their appeal but also identifying the obstacles that each will have to surmount in order to succeed. (shrink)

The author focuses on the positive social consequences: humanity, justice. rights, responsibility and tolerance. He examines each of these principles and shows. that the ethics of social consequences can be accepted as an alternative way of considering contemporary moral problems as well as of looking for their optimal solutions.

In this note, written for a Book Symposium on Joseph Raz’ 'Morality of Freedom', I examine the extent to which the book succeeds in meeting what he calls the ‘‘revisionist challenge’’ to theories of liberty. Raz locates the revisionist challenge in the work of Ronald Dworkin and John Rawls. It has two separable aspects. The first is to deny that liberty is intrinsically valuable, and to claim rather that ‘‘those who wrote and talked of the value of liberty really cherished (...) not liberty but something else,’’ such as justice or equality. The second is to claim that this ‘‘something else’’ need refers not to one particular value, but rather to a ‘‘complex of values’’, such as might be captured by Rawls’ list of the basic liberties. Raz’ ultimate goal is to defend a conception of personal liberty on which is not only intrinsically valuable, but has a unity provided by an underlying 'core' in the ideal of personal autonomy. I suggest that Raz' formulation of the ideal of personal freedom, while undoubtedly impressive, does not fully respond to the revisionist challenge. (shrink)

This paper presents a preliminary analysis of the first participatory budgeting experiment in the United States, in Chicago's 49th Ward. There are two avenues of inquiry: First, does participatory budgeting result in different budgetary priorities than standard practices? Second, do projects meet normative social justice outcomes? It is clear that allowing citizens to determine municipal budget projects results in very different outcomes than standard procedures. Importantly, citizens in the 49th Ward consistently choose projects that the research literature classifies as (...) low priority. The results are mixed, however, when it comes to social justice outcomes. While there is no clear pattern in which projects are located only in affluent sections of the ward, there is evidence of geographic clustering. Select areas are awarded projects like community gardens, dog parks, and playgrounds, while others are limited to street resurfacing, sidewalk repairs, bike racks, and bike lanes. Based on our findings, we offer suggestions for future programmatic changes. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...) the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

This paper discusses two distinct questions of distributive justice raised by climate change. Stated very roughly, one question concerns how much protection is owed to the potential victims of climate change (the Just Target Question), and the second concerns how the burdens (and benefits) involved in preventing dangerous climate change should be distributed (the Just Burden Question). In Section II, I focus on the first of these questions, the Just Target Question. The rest of the paper examines the second (...) question, the Just Burden Question. To answer this question, I argue, it is necessary to address two important methodological questions (one concerning the choice between what I term Integrationism and Isolationism and the other concerning the choice between what I term Holism and Atomism). Sections III-V, thus, set out and explore these two methodological issues. Having done so, the paper then turns from methodological issues to substantive analysis, and in Section VI it examines three principles of distributive justice that, it has been suggested, should determine how the burden of addressing dangerous climatic changes should be distributed (the Polluter Pays Principle, the Ability to Pay Principle and the Beneficiary Pays Principle). (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, (...) with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

In Nicomachean Ethics V.6 Aristotle contrasts political justice with household justice, paternal justice, and despotic justice. My paper expands upon Aristotle’s sometimes enigmatic remarks about political justice through an examination of his account of justice within the oikia or ‘household’. Understanding political justice requires explicating the concepts of freedom and equality, but for Aristotle, the children and wife within the household are free people even if not citizens, and there exists proportionate equality between (...) a husband and wife. Additionally, Aristotle’s articulation and defence of political justice arises out of his examination of despotic justice in the first book of the Politics. Not only are the polis and the oikia similar insofar as they are associations, but Nicomachean Ethics VIII.9–11 suggests they are even isomorphic with respect to justice and friendship. Thus, in this paper I explore the relationships between father and son, husband and wife, master and slave, and between siblings in order to see what they tell us about Aristotle’s understanding of freedom, equality, and justice. (shrink)

The purpose of Aristotle's discussion of political justice (τό πολιὸν[unrepresentable symbol]δν δί[unrepresentable symbol]αιον) in "EN" V.6-7 has been a matter of dispute. Although the notion of political justice which Aristotle seeks to elucidate is relatively clear, namely the notion of justice which obtains between free and equal citizens living within a community aiming at self-sufficiency under the rule of law, confusion arises when one asks how political justice relates to the other kinds of justice examined (...) in "EN" V. Is political justice a highly determinate subdivision of justice which Aristotle examines alongside the other varieties of particular justice analyzed in "EN" V.2-5? Or is political justice related to the analysis of ethical agency which follows in "EN" V.8-11? The question is complicated by the fact that the passage in question -- "EN" V 1134a17-1135a15 -- has occasioned much speculation about textual dislocations and has been incorporated into chapter divisions differently according to the two prevalent modern editorial divisions of the Ethics. To resolve these problems, I argue that Aristotle's account of political justice is situated within an extended aporetic analysis which begins in "EN" V.6 and extends through "EN" V.8. Aristotle introduces the notion of political justice within the extended analysis concerning the ascription of character states because calling someone just or unjust presupposes that the person is a fully mature ethical agent, but anyone capable of political justice possesses such agency. Once the extended argument in the second half of "EN" V is properly understood, it appears that the received text is not in need of emendation. To further support my claim that Aristotle's account of political justice introduces a new inquiry which is not analogous to the analyses of particular justice in the first half of "EN" V, I compare political justice to the other species of justice. (shrink)

In the center of the fifth book of the Nicomachean Ethics, Aristotle elliptically characterizes political justice as a form of reciprocal rule that exists between free and equal persons pursuing a common life directed toward self-sufficiency under the rule of law. My dissertation analyzes Aristotle's thematic treatments of political justice in the Nicomachean Ethics and Politics in order to elucidate its meaning, clarify its relationship to the other forms of justice that he also discusses, and compare it (...) to contemporary neo-Aristotelian accounts of justice. ;The first chapter examines the unclear and disputed passages of Ethics V.6--7 and explains why Aristotle discusses political justice in his ethical treatise. The second chapter makes use of Aristotle's juxtaposition of political justice to household justice on the one hand and despotic justice on the other hand in order to explicate the necessary conditions of political justice, namely, freedom, equality, commonality, self-sufficiency, and the rule of law. To make sense of these concepts, the chapter explores such topics as Aristotle's understanding of the household, his notion of the self and his political criticisms of Socrates. The third chapter examines political justice or reciprocal rule in the Politics in order to understand how political justice can be both a human virtue and an institutional arrangement of offices. The fourth chapter offers a critique of Fred Miller's reconstruction of Aristotelian natural rights. Although Miller is correct to say that Aristotle recognized and understood "rights claims," he is mistaken in claiming that they are an integral part of Aristotle's practical philosophy. Aristotle understood the problems for political compromise posed by rights conceived as "trumps," and he rejects rights as philosophically fundamental on the grounds that they are an inadequate solution to both the political problem of justice and the stability of flourishing political institutions. (shrink)

Many agents have failed to comply with their responsibilities to take the action needed to avoid dangerous anthropogenic climate change. This pervasive noncompliance raises two questions of nonideal political theory. First, it raises the question of what agents should do when others do not discharge their climate responsibilities. (the Responsibility Question) In this paper I put forward four principles that we need to employ to answer the Responsibility Question (Sections II-V). I then illustrate my account, by outlining four kinds of (...) action that should be undertaken (Section VI). Pervasive noncompliance also raises a second question: Given the lack of progress in combating climate change, should existing governance structures be maintained or changed (and if they should be changed, in what ways)? (the Governance Question). The paper briefly outlines a methodology for addressing this question and outlines what a nonideal response to the existing institutional structures would be (Section VII). It does so with reference to the Paris Agreement, and in particular the creation of a "global stocktake" (Article 14, Paris Agreement) and the "facilitative dialogue" (paragraph 20 of the ‘Adoption of the Paris Agreement’). The aim, then, is to set out an account of a nonideal theory of climate justice. (shrink)

Recenze: Lucie Storchová, Paupertate styloque connecti: utváření humanistické učenecké komunity v českých zemích. Praha: Scriptorium 2011, 538 s.

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

The present study aims at understanding how Ethica Nicomachea V.6 relates to its preceding chapters, V.1-5. On the one hand, the interpreter wonders for what purpose Aristotle introduces a topic named ‘the civic just’ (to politikon dikaion) in V.6, since V.1-5 treats extensively of matters of justice in the city. On the other hand, the same text posits that there is a certain ‘just without qualification’ (to haplōs dikaion), which may or may not be the civic just itself; compared (...) to the just without qualification, other forms of just are so by similitude (kath’homoiteta). In attempting to clear the confusion around those two points, the present study proposes the following: (1) the civic just is the just without qualification insofar as it is the primordial form of the just, in which only humans who are cumulatively free, equals and self-sufficient have a share; (2) the description of the civic just recapitulates several aspects of the discussions of justice in V.1-5 – the laws, the kinds of equality, rule, the legal suit - because the civic just encompasses all the forms of just (dikaion) related to the virtues of universal justice (V.1) and partial justice (V.2-5); (3) the expression to politikon dikaion is introduced in V.6 in order to contrast everything treated in V.1-5 with the domestic just, to oikonomikon dikaion, mentioned for the first time in V.6; (4) the forms of the domestic just are just only by similitude with the civic just because justice loses density outside the civic sphere, a situation which can be explained by the shortcomings Aristotle ascribes to women, children and slaves in EN V.6 (lack either of freedom or equality or yet self-sufficiency) as well as in Politica I (varying degrees of defective deliberation and virtue). (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)

Plato drew on the philosophical work of some of his predecessors, especially Socrates, but also Parmenides, Heraclitus, and Pythagoras, to develop his own philosophy, which explores most important fields, including metaphysics, ethics, aesthetics, and politics. With his professor Socrates and his student Aristotle, he laid the foundations of Western philosophical thought. Plato is considered one of the most important and influential philosophers in human history, being one of the founders of Western religion and spirituality. The philosophy he developed, known as (...) Platonism, is based on the theory of Forms known by pure reason as a solution to the problem of universals. Plato's philosophy is in line with the pre-Socratics, sophists and artistic traditions that underlie Greek education, in a new framework, defined by dialectics and the theory of Ideas. For Plato, knowledge is an activity of the soul, affected by sensible objects, and by internal processes. In The Republic of Plato, the highest form is considered to be the Form of Good, the source of all other Forms that could be known by reason. The central theme of the book is justice, argued with the help of several Platonic theories, including the allegorical myth of the cave, the doctrine of ideas, dialectics, the theory of the soul, and the design of an ideal city. His dialectic is a type of knowledge, with an ontological and metaphysical role, which is reached by confronting several positions to overcome opinion (doxa), a shift from the world of appearances (or "sensible") to intellectual knowledge (or " intelligible ”) to the first principles. Plato's educational model (paidèia) differentiates the level of education according to the students' skills. According to Socratic principles, in order to do justice, one must know what is good, and this is best known to the philosopher. Plato detailed this concept, highlighting the distinction between the philosopher (who seeks the principles of truth without claiming to possess it) and the sophist (who lets himself be guided by opinion as the only valid parameter of knowledge). -/- CONTENTS -/- Plato - Biography - Travels - Socrates - Academy - Plato's work - - Classifications of works - - - Chronological - - - Tetralogy - - - Trilogies - - - Lexical grouping Plato's philosophy - Soul - The function of the myth - Ideas - Theory of Forms - Ontology - Epistemology - Ethics - Politics - The philosophical state - Art - Unwritten doctrines: One and the Dyad The Republic - Characters - Summary - Topics - - Justice and righteousness (Book I) - - The Ideal State (Books II-III) - - The city-soul analogy. Harmony of the parties (Books IV-V) - - Form Theory (Metaphor of the Line and the Myth of the Cave, Books VI-VII) - - Family and State (Books VIII-IX) - - Myth of Er (Book X) Dialectics Education Philosopher-king Bibliography -/- DOI 10.13140/RG.2.2.29990.19520 . (shrink)

This is a case that should go to the European Court of Human Rights. A decent, senior qualified family doctor was accused by his mentally ill daughter of sex abuse. Without real evidence except for what the girl told another mentally ill patient at a psychiatric hospital she stayed at for several years, and wit just two witnesses, one a younger child wo saw none of the accused offences, and the other parent, struck off the General Medical Council Register for (...) drunk driving more than once, the case was fitted up by those who are rampantly seeking to raise statistical numbers for child sex abuse offences by high level persons- a bizarre situation and a travesty against tis family doctor's human rights, because a judge can use his 'discretion' to send a much needed family doctor to 18 years in jail. The International Community should scrutinize the United Kingdom's Criminal Justice System. (shrink)

A case to be taken up by the Criminal Appeals Commission because the decision of the appeal court was flawed- a miscarriage of justice against Dr Stephen Hamilton, formerly, a most respected senior family general practitioner.

Platon s'est inspir? des travaux philosophiques de certains de ses pr?d?cesseurs, en particulier Socrate, mais aussi Parm?nide, H?raclite et Pythagore, pour d?velopper sa propre philosophie, qui explore les domaines les plus importants, notamment la m?taphysique, l'?thique, l'esth?tique et la politique. Avec son professeur Socrate et son ?l?ve Aristote, il pose les bases de la pens?e philosophique occidentale. Platon est consid?r? comme l'un des philosophes les plus importants et les plus influents de l'histoire humaine, ?tant l'un des fondateurs de la religion (...) et de la spiritualit? occidentales. La philosophie qu'il a d?velopp?e, connue sous le nom de platonisme, est bas?e sur la th?orie des Formes connues par la raison pure comme une solution au probl?me des universaux. La philosophie de Platon s'inscrit dans la lign?e des pr?socratiques, des sophistes et des traditions artistiques qui sous-tendent l'?ducation grecque, dans un cadre nouveau, d?fini par la dialectique et la th?orie des Id?es. Pour Platon, la connaissance est une activit? de l'?me, affect?e par des objets sensibles, et par des processus internes. Dans La R?publique de Platon, la forme la plus ?lev?e est consid?r?e comme la Forme du Bien, la source de toutes les autres Formes qui pourraient ?tre connues par la raison. Le th?me central du livre est la justice, argument?e ? l'aide de plusieurs th?ories platoniciennes, dont le mythe all?gorique de la caverne, la doctrine des Id?es, la dialectique, la th?orie de l'?me et la conception d'une cit? id?ale. Sa dialectique est un type de connaissance, ? r?le ontologique et m?taphysique, qui s'atteint par la confrontation de plusieurs positions pour d?passer l'opinion (doxa), un passage du monde des apparences (ou ? sensible ?) ? la connaissance intellectuelle (ou ? intelligible ? ) aux premiers principes. Le mod?le ?ducatif de Platon (paid?ia) diff?rencie le niveau d'?ducation selon les comp?tences des ?l?ves. Selon les principes socratiques, pour faire justice, il faut savoir ce qui est bien, et c'est ce que le philosophe sait le mieux. Platon a d?taill? ce concept en soulignant la distinction entre le philosophe (qui cherche les principes de v?rit? sans pr?tendre les poss?der) et le sophiste (qui se laisse guider par l'opinion comme seul param?tre valable de la connaissance). (shrink)

For the last four decades, David Keyt has devoted substantial scholarly energy to the reconstruction of political and ethical arguments in Aristotle’s <i>Nicomachean Ethics</i> and <i>Politics</i>, and to a lesser degree the same in Plato’s <i>Republic</i>. Although Keyt’s translation of and commentary on <i>Politics</i> Books V and VI in the Aristotle Clarendon series (1999), to my mind, is his most substantial contribution to ancient philosophy scholarship, close competitors are his scholarly articles which seek to reconstruct the philosophical positions of Aristotle (...) (and to a lesser extent Plato) with pain-staking logical and philological care. <i>Nature and Justice</i> contains eleven such articles, eight previously published and three appearing for the first time. (Titles are listed at the end of the review.) Several of the articles are landmark works of Aristotle scholarship both for the scholarly controversies which they have sparked and for the methodological approach they exhibit. (shrink)

The paper deals with the methodological clash between idealism and anti-idealism in political philosophy, and highlights its importance for public reason (PR) and public justification (PJ) theorising. Upon reviewing the broader context which harks back to Rawls’s notion of a realistic utopia, we focus on two major recent contributions to the debate in the work of David Estlund (the prototypical utopian) and Gerald Gaus (the cautious anti-utopian). While Estlund presents a powerful case on behalf of ideal theorising, claiming that motivational (...) incapacity and other non-ideal features of “human nature” – the so-called bad facts – do not normally refute the desirability of highly utopian theories of justice, we show that Gaus is correct in stressing the importance of feasibility considerations, including empirical knowledge about human societies. Because moral disagreement is to be expected even among cognitively and morally excellent reasoners, we argue that Estlund’s search for Truth about justice must idealise away normative diversity as just another bad fact. This methodological dispute has important ramifications for current debates about PR and PJ as the grounds of liberal legitimacy. Because consensual approaches rely on strong idealisation which results in exclusion of numerous comprehensive doctrines from consideration, we conclude that convergence-based liberal political theory has distinct advantage as regards exploiting normative diversity to the advantage of everyone. (shrink)

The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not advise (...) the jury of any such points before they adjourned to make their decision. All but one concluded that Dr Tabak was guilty as charged, although even the charge was vague and all-encompassing as he was charged with ‘murder between Friday 17 December 2010 and Sunday 19 December 2010’. Defence counsel, very eminent barrister-at-law, appeared to be cowed by the other side and let them walk all over this case procedurally. For example, prosecution counsel handed him 1200 pages of evidence on the first day of the trial, as if to FULFIL disclosure obligations. E was stunned and asked the court for time off. But this was never again discussed. -/- The lower court judge appeared as if he had already decided on the case. When Defence Counsel asked him if he had before him a copy of a certain document, he flippantly say he had it but had left it on his desk in his room. When Defence Counsel, of international renown, was ready to present his opening speech and cross-examination of his client, Dr Vincent Tabak, this lower court judge dismissed the jury to their lunch break knowing that counsel was going to speak. Court had to be adjourned and the members of the jury quickly assembles by the court porters as they were leaving the court, which must have hampered their interest in what counsel’s statement said. A photograph of a dead body by a roadside, allegedly, Miss Yeates, was shown by projector slide a dozen irrelevant times during the trial period, thus embedding that photograph in the jury’s mind. The computer evidence leaves much to be desired and could, some suggested, easily have been concocted by the prosecution team, abusing the law of metadata evidence. Te lady who presented it did not give the court her qualifications and her expertise if any- and much more that beggars belief and loses trust in the British Criminal Justice System, such as it is, following ‘form over substance’. -/- . (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, (...) and comprehensive theory of equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

The Brown vs. Board of Education decision of 1954 mandated school integration. The decision also to recognize that inequalities outside the schools, of both a class- and race-based nature, prevent equality in education. Today, the most prominent argument for integration is that disadvantaged students benefit from the financial, social, and cultural “capital” of middle class families when the children attend the same schools. This argument fails to recognize that disadvantaged students contribute to advantaged students’ educational growth, and sends demeaning messages (...) to the disadvantaged students and messages of unwarranted superiority to the advantaged. Parents, teachers, and schools can adopt a justice perspective that avoids these deleterious aspects of the capital argument, and helps create a community of equals inside the integrated school. Struggles for educational justice must remain closely linked with struggles of both a class- and race-based nature for other forms of justice in the wider society. (shrink)

Following W.V. Quine’s lead, many metaphysicians consider ontology to be concerned primarily with existential questions of the form, “What is there?”. Moreover, if the position advanced by Rudolf Carnap, in his seminal essay, “Empiricism, Semantics, and Ontology ”, is correct, then many of these existential ontological questions ought to be classified as either trivially answerable or as “pseudo-questions”. One may justifiably wonder, however, whether the Quinean and Carnapian perspective on ontology really does justice to many of the most central (...) concerns of this discipline. This chapter argues, by considering a particular ontological dispute between two different kinds of trope theorists, that some of the most interesting and important debates which properly belong to the study of being, whether we call it “metaphysics” or “ ontology ”, do not concern existential questions at all; rather, such disputes in some cases focus on non-existential disagreements over questions of fundamentality. (shrink)

The aim of this paper is to study a set of three issues related to the understanding of partial justice and partial injustice as character dispositions, namely the distinctive circumstance of action, the emotion involved therein and the pleasure or pain following it. Those points are treated in a relatively obscure way by Aristotle, especially in comparison with their treatment in the expositions of other character virtues in the Nicomachean Ethics. Building on the expression ‘capacity towards the other’ (δύναμις (...) ἐν τῷ πρὸς ἕτερον), the paper highlights the interpersonal nature of the circumstances of just and unjust actions, and points how such nature is directly related to notions such as ‘profit’ (κέρδος) or ‘getting more’(πλεονεκτεῖν) as well as to the unusual conception of excess, defect and intermediacy in Nicomachean Ethics Book V. The interpersonal nature of just and unjust actions works also as the starting-point for the interpretation both of the pleasure briefly mentioned in 1130b4 as characterizing the greedy person and of the emotion involved in acting justly or greedy, which is mentioned in an extremely elliptical way in 1130b1-2: the paper argues, on the one hand, that the pleasure felt in acting justly or unjustly concerns not only the goods that are the object of just or unjust interactions, but also the way such interactions affect the people involved; on the other hand, it argues that the emotion actuated in just or unjust interactions relates to the agent’s concern or lack of concern with the good of those people. (shrink)

This handbook advances the interdisciplinary field of Philosophy, Politics, and Economics by identifying thirty-five topics of ongoing research. Instead of focusing on historically significant texts, it features experts talking about current debates. Individually, each chapter provides a resource for new research. Together, the chapters provide a thorough introduction to contemporary work in PPE, which makes it an ideal reader for a senior-year course. The handbook is organized into seven parts, each with its own introduction and five chapters: I.Frameworks II.Decision-Making III.Social (...) Structures IV.Markets V.Economic Systems VI.Distributive Justice VII.Democracy The "Frameworks" part discusses common tools and perspectives in PPE, and the "Decision-making" section shows different approaches to the study of choice. From there, parts on "Social Structures," Markets" and "Economic Systems" each use tools from the three PPE disciplines to study and distinguish parts of society. The next part explains dominant theories and challenges to the paradigm of "Distributive Justice." Finally, a part on "Democracy" offers five challenges to current democratic practice. (shrink)

In this study, I demonstrated that there is a corporate social contract between firms and their host communities. The implication is that the idea of the social contract places corporate social responsibility (CSR) on a conditional pivot, whereby the host communities have to fulfil their own side of the contract in order to merit CSR projects. I examined the implication of the social contract for corrupt and unaccountable host communities. I based my analysis on two philosophical frameworks, namely: one, Constructive (...) Approach CSR (CA-CSR), and two, Restorative Approach CSR (RA-CSR). CA-CSR is hinged on the deontological and utilitarian moral frameworks, while RA-CSR is based on the restorative justice framework. Further, I developed ‘CSR Calculus’ (V = f1+n + K) to determine the value of CSR-due for a host community, in response to Milton Friedman questions of arbitrariness in the formulation of CSR projects. I also demonstrated how the CSR Calculus can be applied to determine the value of CSR owed communities by Micro, Small and Medium scale Enterprises (MSMEs). Finally, I used the ethic ‘leave a better community’ derived from the Annang proverb – Assidsip ye Akwot-kwot ete yak mfin ami afon akan mkpong (Assidsip and Akwot-kwot say make today better than yesterday) to signpost the corporate social contract and demonstrated why it is essential for every firm to commission and decommission its operations in socially responsible manner such that it can bequeath a better future society. (shrink)

This is an anthology that is coming out in Farsi. -/- Table of Contents (in English): -/- 1. (2021). “On a Supposed Right to Lie from Philanthropy.” The Cambridge Kant Lexicon, ed. Julian Wuerth, Cambridge: Cambridge University Press, pp. 691-695. 2. (2010). “Kant and Lying to the Murderer at the Door . . . One More Time: Kant’s Legal Philosophy and Lies to Murderers and Nazis.” The Journal of Social Philosophy, Vol. 41(4), pp. 403-421. 3. (2006). “Kant and Dependency Relations: (...) Kant on the State’s Right to Redistribute Resources to Protect the Rights of Dependents.” Dialogue – Canadian Philosophical Review, Vol. 45, pp. 257-284. 4. (2011). “A Kantian Conception of Global Justice.” Review of International Studies, Vol. 37(5), pp. 2043-2057. 5. (2010). “Kant’s Non-Absolutist Conception of Political Legitimacy: How Public Right ‘Concludes’ Private Right in ‘The Doctrine of Right.’”Kant-Studien, Vol. 3, pp. 331-351. 6. (2008). “Kant’s Non-Voluntarist Conception of Political Obligations: Why Justice Is Impossible in the State of Nature.” Kantian Review, Vol. 13(2), pp. 1-45. 7. (2021). “Kant and Arendt on Barbaric and Totalitarian Evil.” Proceedings of the Aristotelian Society, Vol. 121 (2), pp. 221-248. 8. (2020). “Kantian Care.” Caring for Liberalism: Dependency and Political Theory, ed. Asha L. Bhandary and Amy Baehr, New York: Routledge, pp. 50-74. 9. (2020). “Kant and Moral Responsibility for Animals.” Kant & Animals, ed. Lucy Allais and John Callanan, Oxford: Oxford University Press, pp. 157-175. -/- Thanks to all the original publishers of these articles for permitting them to be reprinted in translation here. Photo cover: pluspointsphere(.com). (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

Contents Preface - ix -/- I. Scientific fiction movies: is there any place for God?! 1. A brief introduction about the birth of science fiction - 15 2. Religious beliefs vs Science Fiction - 18 3. Is there any place for God?! - 20 -/- II. The Village (M. Night Shyamalan) and The Giver (Phillip Noyce) or why utopia is (im)possible 1. Some utopian notions. Remembering Thomas More - 29 2. The Village and The Giver. Some remarks on ideal societies (...) - 34 3. Notes about the possible and impossible of utopia - 39 -/- III. The limits of Zombies films are the limits of philosophy? 1. Are zombies real? From folklore to films - 46 2. The mind-body problem and the empty-minded zombies? - 54 3. The fallacy of the question. Zombies films and philosophy with no limit - 61 -/- IV. Lucy - why the brain cannot be a screen 1. Lucy and some other movies - The ten percent of the brain myth - 67 2. The enhancement of humanity -The pos-humanism after Nietzsche – 71 3. About the mind and the brain. Lucy or why the brain cannot be a screen – 74 -/- V. Viktor Navorski and Sir Alfred: the limits of consciousness at the border of chaos 1. About the terminal, Locke and Lipovetsky - 83 2. Being someone at a non-place - 87 3. Reality vs fiction. Merhan Karimi Nasseri as Sir Alfred - 89 -/- VI. Alienation and slavery from Precious or what we do not want to see 1. Cinema as a moment or the exclusive experience of feeling cinema - 97 2. Two movies, only one reality - 101 3. To conclude: the paradox of precious silence or what we don't want to see - 104 -/- VII. Philosophy of time and being in Alice through the looking glass 1. Some initial considerations on Alice - 113 2. The impossible and the possible in Alice’s time - 116 3. About time and subjectivity and subjectivity in time – 120 -/- References - cxxv. (shrink)

Limits of the Conversation about Forms. Types of Knowledge and Necessity of Forms in Plato's "Parmenides". - Forms (ideas) are among the things that Plato is serious about. But about these things he says in his "Seventh Letter": "There neither is nor ever will be a treatise of mine on the subject." (341c, transl. J. Harward). Plato's statement suggests the question, why one does not and never can do justice to the Platonic forms by means of a written text (...) about the forms. Another big question of Plato research is whether the conversations documented in the Platonic dialogues are also affected by this verdict. This paper aims to provide, as far as possible, newly substantiated answers to these two questions. To this end, the systematic limits of the discussion about forms, which are particularly evident in Plato's dialogue "Parmenides", are examined in eight steps: First, two types of knowledge are presented that play an important systematic role in Plato's philosophy with regard to the limits of conversation: knowledge-how (practical knowledge) and knowledge-that (propositional knowledge) (I). Then the Socratic model of these two types of knowledge is interpreted, which is drafted in the tenth book of the "Republic". This model uses the example of bridle, bridlemaker and rider to explain the primacy of practical knowledge and the limits of propositional knowledge (II). Subsequently, it will be shown how the dialogues "Republic" and "Parmenides" are connected with each other in content and form (III). The gradation of the two types of knowledge, which is indicated by the motifs of the bridle and the horse on the image level of the "Parmenides", proves to be the structure that systematically underlies the structure of the entire dialogue (IV). It also makes clear why the conversation about the forms in the first part of the "Parmenides" has to fail (V). The assumption that the two parts of the "Parmenides" express two different types of knowledge in dealing with forms is supported by the results of a logical analysis of the last defence of the acceptance of forms (135b-c). This analysis shows why, for reasons of principle, it is impossible to speak adequately about forms (VI). Forms have the function of being presuppositions of 'talking about something'. Thus forms are always presupposed in conversation when one talks about them, and thus elude appropriate discussion in conversation (VII). That this is not only a methodical insight of the Platonic Parmenides, but can also be attributed to Plato himself, is demonstrated by the concluding reinterpretation of the central sentence of the critique of writing in Plato's "Seventh Letter". It will become apparent that, contrary to the now widespread view of the representatives of the Tübingen school, philosophical and also good philological reasons speak for the fact that Plato related his criticism only to the communicability of forms through treatises, i.e. tract-like writings (VIII). (shrink)

Achieving energy sovereignty is increasingly gaining prominence as a goal in energy politics. The aim of this paper is to provide a conceptual analysis of this principle from an ethics and social justice perspective. We rely on the literature on food sovereignty to identify through a comparative analysis the elements energy sovereignty will most likely demand and thereafter distinguish the unique constituencies of the energy sector. The idea of energy sovereignty embraces a series of values, among which we identified: (...) (i) accessibility, to allow access to everyone, (ii) empowerment and recognition, to develop and sustain capabilities to collaboratively produce solution-oriented energy system knowledge and effectively participate in governance, (iii) stewardship and sustainability, to be able to design and manage decentralised renewable systems in view of protecting the environment, (iv) self-sufficiency, to reduce the negative shocks of exploitative business practises, (v) resilience, to maintain production capacities while withstanding socioeconomic, political, environmental and climatic shocks, (vi) peace, to establish production systems that do not involve hostile relations, (vii) transparency and self-determination, to establish democratic decision-making mechanisms that give a voice to previously underrepresented groups and limit corporate takeover (viii) gender-justice, by acknowledging the contributions of women and eliminate barriers to their empowerment. With a conceptual framework of energy sovereignty, we present a rationale that draws on the key values to be considered when formulating policy solutions for the energy sector. (shrink)

INTRODUÇÃO O anestro pós-parto é o período após o parto no qual a fêmea não apresenta ciclos estrais (atividade cíclica). Na vaca leiteira, o parto é seguido de um período de inatividade ovariana de duração variável, que é principalmente afetada pelo estado nutricional, produção leiteira, ganho ou perda de condição corporal antes e depois do parto, e por condições patológicas como hipoplasia dos ovários, cistos ovarianos, mumificação uterina, piometra entre outras, além, também, de condições ambientais como instalações que podem causar (...) estresse etc. 1. Controle neuroendócrino do anestro Entre os 12 e 15 dias pós-parto, as células gonadotróficas presentes na adenohipófise começam a produzir e secretar o FSH (hormônio folículo estimulante), o qual estimula a primeira onda folicular; entretanto, nenhum folículo dominante do(s) ovário(s) chega a completar seu desenvolvimento devido à carência de estímulo apropriado do LH (hormônio luteinizante) que também é produzido pelas mesmas células e que deve estar presente em altas concentrações. Nas 2 primeiras semanas pós-parto (primeiros 15 dias), as concentrações circulantes de LH são baixas, o que se deve à ausência de reservas do LH e à incapacidade temporal da hipófise para responder ao estímulo da GnRH (hormônio liberador de gonadotrofina). Entre os dias 15 e 20 pós-parto, a hipófise aumenta a sua capacidade para responder ao GnRH; entretanto, o estabelecimento do padrão de secreção do LH adequado para estimular a maturação e a ovulação do folículo dominante das primeiras ondas foliculares depende fundamentalmente do balanço energético. 2. Fatores que determinam o início da atividade ovariana pós-parto Na vaca leiteira, é frequente que algum dos primeiros folículos dominantes que se desenvolvem durante as primeiras duas ou três semanas complete a sua maturação e chegue à ovulação, isto é, madure e ovule. O fator limitante para o reinício da atividade ovariana é o balanço energético negativo (BEN). No gado leiteiro, o consumo de matéria seca (CMS), após o parto, deverá ser aumentado em até quatro vezes, para cobrir a demanda de nutrientes para a produção de leite e mantença; no entanto, a vaca é incapaz de consumir a exigência de matéria seca, por isso recorre a suas reservas de gordura e proteína, e cai em BEN. As vacas que consomem menos matéria seca, produzem menos leite, têm um BEN mais profundo e o período do parto à primeira ovulação é maior. O nível mais baixo do BEN é alcançado entre os 10 a 20 dias pós-parto e a vaca continua em BEN até os 70 a 80 dias pós-parto e, em alguns casos, até aos 100 dias pós-parto (vacas primíparas). Entretanto, mesmo com BEN, uma proporção elevada das vacas inicia sua atividade ovariana normal nas primeiras 8 semanas pós-parto. As vacas que alcançam um nível baixo de BEN rapidamente e saem deste ponto mínimo de forma rápida, iniciam sua atividade ovariana mais rápido também (20 a 30 dias pós-parto) do que aquelas que têm um BEN mais profundo e duradouro, essas muitas vezes permanecem em anestro aos 70 dias pós-parto (figura 1). As mudanças na condição corporal estão correlacionadas positivamente com as concentrações séricas de insulina, IGF-I e leptina; assim, a maior qualificação da condição corporal é maior mediante a concentração sérica desses hormônios, que atuam principalmente como sinais que chegam ao hipotálamo e modificam a frequência de secreção do GnRH e, consequentemente, de LH. A leptina é um hormônio que é produzido pelos adipócitos e tem sido proposto que sua concentração é o sinal mais importante de alterações de condição corporal. A transição do anestro para a ciclicidade coincide com um aumento das concentrações séricas de insulina, IGF-I e leptina. Além das mensagens dadas pelos hormônios supracitados, outras substâncias presentes no sangue fornecem informações sobre o estado metabólico do animal. Por exemplo, os ácidos graxos não esterificados e o β-hidroxibutirato são indicadores da mobilização e utilização da gordura corporal; assim, o aumento destas substâncias proporciona uma mensagem inibidora de reprodução. O intervalo médio entre o parto e a primeira ovulação, em vacas leiteiras em sistemas de produção não intensiva, é em torno de 30 dias; enquanto em vacas em sistemas de produção intensiva, é de 40 dias. Deve-se sinalar que é comum aos 70 dias pós-parto, que 20% das vacas ainda não ovulem. Verifica-se frequentemente que as vacas leiteiras desenvolvem folículos que crescem mais que os folículos ovulatórios, os quais convertem em cistos foliculares. Esta condição está associada com insensibilidade do hipotálamo ao retorno positivo do estradiol, o que não desencadeia o pico pré-ovulatório de LH (figura 2). 3. O corpo lúteo dos primeiros ciclos pós-parto Durante um ciclo estral o corpo lúteo tem uma meia-vida fisiológica de 12 a 14 dias; no entanto, na primeira ovulação pós-parto cerca de 25% das vacas desenvolvem corpos lúteos de vida curta (<10 dias), 30% de vida longa (21 a 50 dias) e 45% da vida normal (11 a 20 dias). A regressão prematura do corpo lúteo é uma condição frequente nos ruminantes no primeiro ciclo estral, da transição do anestro à ciclicidade. Ou seja, na vaca é frequente que no primeiro ciclo de pós-parto e da puberdade sejam ciclos curtos; isto deve-se à liberação antecipada da PGF2α. Por outro lado, a causa dos corpos lúteos de vida longa (corpos lúteos persistentes) não é clara, mas está relacionada com alterações na secreção da PGF2α devido a infecções uterinas (tabela 1). 4. Anestro patológico 4.1 Alterações do aparelho genital que causam anestro Na vaca foi calculado que as alterações do aparelho genital que afetam a atividade ovariana representam apenas 10% do total das causas de anestro. Entre as alterações do aparelho genital se encontram os cistos foliculares, cistos luteinizados, aplasia segmentar, piometra e mumificação fetal. . 4.2 Cistos foliculares Os cistos foliculares são a patologia ovariana mais comum nos bovinos leiteiros, causando perdas econômicas devido ao atraso do período do parto ao primeiro serviço, pelo custo dos tratamentos e pelo risco que têm as vacas de serem descartadas. A incidência aumentou à medida que a produção de leite se intensificou. Entre 5 e 30% das vacas desenvolvem cistos foliculares nos primeiros 60 dias do pós-parto; no entanto, cerca de 60% destas se recuperam espontaneamente. Sinais clínicos de vacas com cistos foliculares descritos na literatura são: ninfomania, ciclos curtos, masculinização e relaxamento dos ligamentos pélvicos. Atualmente uma alta proporção de vacas com cistos foliculares apresentam anestro. Por muitos anos um cisto folicular foi definido como um folículo com um diâmetro de 2,5 mm, presente em um ou em ambos os ovários durante um período mínimo de 10 dias, na ausência de um corpo lúteo. Os conhecimentos atuais modificaram o conceito clássico; assim, nem todos os cistos foliculares têm um diâmetro de 2,5 mm; além disso, alguns podem persistir mais de 10 dias. Outros são estruturas dinâmicas, que sofrem regressão e podem ser substituídas por novos cistos. Por esta razão, a definição mais precisa e técnica de um cisto folicular é: folículo de um diâmetro, de pelo menos 20 mm, que está presente em um ou ambos os ovários na ausência de tecido lúteo que interfere com o ciclo estral normal (figura 3). A patogênese dos cistos foliculares não é conhecida. Propõe-se que as vacas que desenvolvem esta patologia têm uma anomalia nos mecanismos de retroalimentação entre o hipotálamo e a hipófise, em conjunto com uma disfunção a nível folicular. É pesquisado e sugerido que em vacas com cistos foliculares, o pico pré-ovulatório de LH não ocorre ou é de menor amplitude, ou não tem uma relação síncrona com o amadurecimento do folículo, o que provoca a falha ovulatória. A alteração na secreção de LH pode obedecer a falta de sensibilidade do hipotálamo ao feedback positivo de estrogênio. Observa-se também que algumas anormalidades a nível folicular, tais como alterações na síntese de hormônios esteroides e uma menor sensibilidade à LH, podem contribuir com a patogenia. Uma vez que o cisto folicular foi estabelecido, observou-se um aumento na frequência de secreção pulsátil de LH, o que contribui com a persistência desta patologia. Existem fatores associados com a incidência de cistos foliculares que, de acordo com a patogenia proposta, podem influenciar ao nível do eixo hipotálamo-hipófise-ovário. Os cistos foliculares ocorrem principalmente durante a transição do anestro pós-parto para a ciclicidade. Neste período as vacas estão em BEN, e tem sido observado que as vacas que sofrem de um BEN mais profundo tendem a apresentar uma incidência maior de cistos foliculares. Por outra parte, há uma correlação positiva entre a produção de leite e a incidência de cistos, o que indica que as vacas que produzem mais leite têm maior risco de sofrer com esta patologia. Também existem outros fatores relacionados com a incidência de cistos foliculares tais como estresse, genéticos, infecções uterinas, estresse calórico e presença de fitoestrogênios na dieta (tabela 2). O tratamento indicado consiste na administração do GnRH, que provoca a luteinização do cisto. É recomendável a combinação com uma dose luteolítica de PGF2α, 7 a 10 dias depois da injeção de GnRH. Também é indicado o tratamento com hCG em vez de GnRH. Em alguns estudos foi possível integrar vacas com cistos foliculares em programas de sincronização da ovulação e inseminação em tempo fixo, com resultados aceitáveis de fertilidade (figura 4). 4.3 Cistos luteinizados Esse tipo de cisto pode se desenvolver a partir de um cisto folicular, também ocorre quando o saco libera um óvulo e, em seguida, se fecha novamente e enche-se de líquido. O tecido luteinizado produz progestágenos do qual os sinais incluem anestro persistente. São bastante mais raros e originam-se pelo contínuo aumento do espaço cavitário central normalmente existente nos corpos lúteos (figura 5). Normalmente, a parede do cisto contém células lúteogranulosas grandes e células tecaluteais pequenas. Se diferenciam com dificuldade de corpos lúteos recém-formados durante o período em que ainda possuem um antro. Os cistos luteínicos únicos, pelo menos os menores, necessitam de importância clínica. Se os cistos são funcionais, a sintomatologia mais destacada é o anestro ou pseudogestação. É preciso lembrar que esses cistos agem como uma fonte de secreção contínua de progesterona, diminuindo assim a resistência do útero a infecções, podendo desencadear-se uma endometrite (figura 6). Se eles forem diagnosticados é recomendável a administração de PGF2α. 4.4 Aplasia segmentar As vacas com esta condição podem gestar quando a ovulação ocorre do lado do corno uterino presente. Se a ovulação acontece do lado onde falta o corno uterino causa anestro. 4.5 Piometra A piometra, por definição, é a acumulação de material purulento no interior da luz uterina que ocorrem geralmente durante ou imediatamente após o período de domínio da progesterona. É uma condição que ocorre mais frequentemente nos primeiros 30 dias pós-parto; no entanto, algumas vacas em anestro que são revisadas no dia 50 pós-parto chegam a ter piometra. O tratamento indicado consiste na administração de PGF2α. 5. Anestro relacionado com o tempo de serviço O anestro em bovinos também é classificado como anestro pré-serviço e pós-serviço. 5.1 Anestro pré-serviço Inclui vacas e novilhas que não tenham mostrado estro, isto é, manifestado cio, no período em que devem ser servidas. Em alguns estudos observou-se que o anestro antes do serviço pode afetar até 50% das vacas elegíveis para apresentar estro. 5.1 Anestro pós-serviço Neste grupo incluem-se as vacas que não retornam ao estro, ou seja, que não retornaram ao cio, 21 dias depois da inseminação e não estão prenhes. Essas vacas são conhecidas como vacas fantasma (The Phantom Cow). A causa principal do atraso do retorno ao estro é a baixa eficiência na detecção de estros; mas também foram descritas outras causas como: inseminação em um estro anovulatório, inseminação em tempo fixo em vacas em anestro, suspensão da ciclicidade após o serviço, fases lúteas longas e morte embrionária. O diagnóstico precoce da gestação é de grande ajuda para conhecer oportunamente o número de fêmeas que não estão prenhes. A ecografia no trigésimo dia pós-inseminação adianta, pelo menos 10 dias, a ressincronização de vacas vazias. 6. Falso anestro ou anestro funcional Este causa as maiores perdas econômicas de caráter reprodutivo em rebanhos leiteiros, e refere-se às vacas que estão ciclando, mas não são observadas em estro pelos trabalhadores. É um dos maiores problemas dentro de um sistema de criação extensivo e, às vezes, semiintensivo, uma vez que é de suma importância a observação técnica e precisa do comportamento da vaca para observar o possível retorno ao cio ou não. 7. Manejo da vaca anéstrica A probabilidade de que a vaca seja inseminada oportunamente depende da eficiência da detecção de estros. É comum que a metade das vacas apresentem estro e não sejam observadas, por essa razão, muitas não são inseminadas uma vez que termina o período de espera voluntária. Por outro lado, há vacas que, por causas patológicas ou por seu estado metabólico, ainda estão em anestro depois que termina o período voluntário de espera. Para identificar as causas da ausência de estros, todas as vacas que não tenham sido inseminadas no dia 60 pós-parto, devem ser revisadas por via retal para aplicar o tratamento ou manejo pertinentes. Durante esta revisão é dada especial atenção às características do útero e nas estruturas ovarianas, já que daqui depende o manejo subsequente. A palpação começa no útero; neste é importante determinar se não há gestação. Posteriormente, avalia-se sua consistência que pode ser normal, edematosa ou turgente. Depois de avaliar o útero procede-se a palpação dos ovários, começando com o direito e, em seguida, esquerdo. Abaixo estão descritas as diferentes descobertas que podem ser encontradas na literatura e seu tratamento ou manejo. O registo dos resultados à palpação é feito através de chaves reprodutivas. 7.1 UN CLD2-3 FE10 Útero normal (UN) com um corpo lúteo 2 ou 3 no ovário direito (CLD2-3) e um folículo no ovário esquerdo de 10 mm de diâmetro (FE10). A consistência normal do útero (é normal quando não há edema ou turgescência) é encontrado em vacas não prenhes durante o diestro, ou em vacas que estão em anestro. O CL 2 ou 3 é uma estrutura bem desenvolvida que deforma o ovário e em alguns casos representa mais de 50% da massa ovariana. Classificá-los como CL 2 ou 3 é uma apreciação subjetiva do tamanho do corpo lúteo e não tem significado prático, pois em qualquer dos casos o manejo é o mesmo. O CL indica que a vaca está em qualquer dia do diestro e, obviamente, indica que está ciclando. Durante o diestro pode-se encontrar folículos de tamanho diferente em qualquer um dos dois ovários, já que este depende das ondas de desenvolvimento folicular. É importante frisar que as estruturas mencionadas podem estar em ovários diferentes ou no mesmo ovário. O achado mais importante nesta fase é a presença do corpo lúteo o que permite o tratamento com a PGF2α, o que resulta na apresentação do estro nas próximas 48 a 120 horas. A presença de um corpo lúteo é o estado fisiológico que é mais frequentemente encontrado neste grupo de vacas, primeiro porque paradoxalmente a maior proporção de vacas em “anestro” está ciclando (anestro funcional) e, em segundo lugar, porque o diestro ocupa 65% dos dias do ciclo estral. 7.2 UE CLD1 FE10-15 Útero edematoso (UE) com um corpo lúteo 1 no ovário direito (CLD1) e um folículo 10 ou 15 mm de diâmetro no ovário esquerdo. O útero edematoso pode ser encontrado no proestro e metaestro. A presença do CL1 e um folículo grande indica que se trata de uma vaca que muito provavelmente é encontrado em proestro. A diferença entre um CL1 e um CL 2 ou 3 é basicamente o seu tamanho; um CL1 é uma estrutura pequena com consistência dura. As vacas que têm estas características devem ser marcadas para que os trabalhadores prestem mais atenção, já que apresentarão o estro nas próximas 48 a 72 horas. Se a vaca não apresentar estro nesse período, deverá ser palpada na semana seguinte. 7.3 UT DE FE10-15 Útero túrgido ou tonificado, ovário direito estático e ovário esquerdo com um folículo de 10 ou 15 mm de diâmetro. Estes achados, além da presença de muco estral, correspondem a uma vaca em estro. Frequentemente, na palpação das vacas do grupo de anestro, há vacas em estro; estas vacas deverão ser programadas para inseminação. 7.4 UE DE EE Útero estático e ovários estáticos. Estas observações correspondem a uma vaca em metaestro; esta decisão tem uma alta margem de erro uma vez que também pode corresponder a um animal no proestro ou em anestro verdadeiro. Um achado que permite ser mais bem sucedido no diagnóstico é a presença de sangue no muco cervical; neste caso, a presença de sangue indica, com certeza, que a vaca está em metaestro; no entanto, nem todas as vacas apresentam este sangramento. As vacas com estes achados devem ser palpadas sete dias depois para confirmar ou corrigir um primeiro diagnóstico. Se a primeira palpação foi correta, na segunda se encontrará um CL2-3. 7.5 UE CHD FE10 Útero edematoso, com corpo hemorrágico no ovário direito (CHD) e com folículo de 10 mm de diâmetro no ovário esquerdo. Estas observações são de uma vaca em metaestro. O corpo hemorrágico é considerado como a fase de transição entre o folículo e o corpo lúteo; o CH é palpado como uma estrutura com uma saliência em forma de papila e é muito suave ao toque. Será necessário esperar 4 ou 5 dias para que se converta num corpo lúteo maduro e assim destruí-lo com PGF2α. Na rotina, estas vacas são palpadas na seguinte revisão (sete dias depois). 7.6 UN DE EE Útero normal e ovários estáticos. Este caracteriza as vacas que estão no anestro verdadeiro. As vacas caem no anestro principalmente por se encontrar em balanço negativo de energia; este problema é mais grave em vacas de primeiro parto. O único tratamento eficaz consiste em melhorar o seu estado metabólico. Tratamentos hormonais não funcionam caso não seja resolvido primeiro o seu estado nutricional. 7.7 UN CFD EE Útero normal, cisto folicular no ovário direito e ovário esquerdo estático. Embora as vacas com cistos foliculares sejam caracterizadas por apresentar estros recorrentes, também chegam a apresentar anestro. O tratamento consiste na administração do GnRH ou hCG. 7.8 UN CLD EE Útero normal, cisto luteinizado no ovário direito e ovário esquerdo estático. Este cisto também é causado por uma deficiência na secreção de LH, só que neste caso a deficiência foi parcial, o que provoca um certo grau de luteinização. O cisto luteinizado é uma estrutura com mais de 20 mm de diâmetro de paredes grossas. O tratamento indicado é a administração de PGF2α. Na prática, é difícil diferenciar um cisto folicular de um luteinizado, pelo que o tratamento recomendado é, primeiro, a administração de GnRH ou hCG e sete dias depois é injetado PGF2α (figura 7). 7.9 Piometra CLD2-3 FE A piometra é uma condição que ocorre principalmente nos primeiros 30 dias pós-parto; no entanto, na revisão das vacas anéstricas são encontradas vacas com esta patologia. O tratamento indicado consiste na administração de PGF2α. 8. Tratamentos hormonais para indução da atividade ovariana O estabelecimento precoce da ciclicidade pós-parto favorece a involução uterina e está positivamente correlacionado com a fertilidade; ou seja, quanto mais ciclos estrais a vaca tenha antes da primeira inseminação, a percentagem de concepção é maior. Um tratamento utilizado para induzir a primeira ovulação pós-parto em vacas anéstricas, consiste na administração de GnRH quando à palpação retal se encontra um folículo grande (> 10 mm). Com isso se pretende fazer o folículo ovular e depois injeta-se PGF2α para provocar a regressão lútea. Outras combinações consistem na administração de GnRH e na inserção de dispositivos de liberação de progesterona e, ao retirar o progestágeno, injeta-se PGF2α (figura 8). No entanto, os tratamentos mencionados são de uso comum, não funcionam em todos os casos. Um requisito para se obter êxito é que as vacas devem ter boa condição corporal ou que estejam ganhando condição corporal. Embora os tratamentos hormonais possam ajudar em alguns casos, não deve-se esquecer que as causas do anestro não são corrigidos apenas com a administração de hormônios, já que a vaca não cicla porque toda a informação do estado metabólico que recebe o cérebro, indica que não o deve fazer. 9. Gonadotropina coriônica equina (eCG) Na égua, por volta do dia 30 de gestação, células do córion migram para o endométrio e formam umas estruturas conhecidas como copas endometriais. Entre o dia 40 e o dia 130 de gestação nestas estruturas é produzido o eCG (anteriormente conhecida como gonadotropina sérica da égua prenha ou PMSG, pela sua abreviatura em inglês). Na égua esse hormônio tem atividade de LH pelo qual estimula a função do corpo lúteo e promove a formação de corpos lúteos acessórios. Nos ruminantes, o eCG se une aos receptores de LH e FSH do folículo, estimulando o desenvolvimento folicular, e no corpo lúteo estimula a secreção de progesterona. O eCG tem sido utilizado com a finalidade de superovulação e em vacas de corte sob anestro é incluído em programas com progestágenos para induzir ciclicidade. Nestes programas é injetado eCG no momento da remoção do progestágeno, o que favorece o desenvolvimento folicular e apresentação do estro. Em rebanhos leiteiros na Nova Zelândia tem sido incrementado a taxa de prenhez sem aumentar a proporção de partos gêmeos, através da injeção de eCG na remoção do dispositivo de libertação de progesterona em programas combinados com a injeção de benzoato de estradiol. RESUMO ➢ Transcorrem 15 dias pós-parto para que a hipófase responda ao hormônio GnRH. ➢ Entre os dias 12 e 15 pós-parto começa-se a secreção de FSH e iniciam as ondas foliculares. ➢ As vacas chegam ao ponto mais baixo de BEN entre os dias 15 e 20 pós-parto. ➢ As vacas iniciam a atividade ovariana normal, em média, após os 40 dias pós-parto. ➢ Aos 70 dias pós-parto é normal que 20% das vacas ainda estejam em anestro. ➢ Na primeira ovulação pós-parto 25% das vacas desenvolvem corpos lúteos de vida curta e 30% mostram corpos lúteos de vida longa (persistentes). ➢ As anormalidades do aparelho reprodutor são responsáveis por 10% das causas de anestro. ➢ 5 a 30% das vacas desenvolvem cistos foliculares nos primeiros 60 dias pós-parto e 60% destas se recuperam de forma espontânea. ➢ No dia 30 pós-inseminação é possível identificar vacas vazias mediante a ecografia e reservá-las para a ressincronização. ➢ A proteína B específica da gestação aparece no soro a partir do 15º dia de gestação. ➢ Para o diagnóstico precoce de gestação é recomendado medir a PSPB no dia 30 pósinseminação e em vacas com mais de 90 dias pós-parto. ➢ Entre os dias 50 e 60 pós-parto todas as vacas não servidas devem ser examinadas via retal para programar seu serviço. REFERÊNCIAS BIBLIOGRÁFICAS AMBROSE, Divakar J. Postpartum anestrus and its management in dairy cattle. Bovine Reproduction, p. 408-430, 2021. BALL, P. J. H.; PETERS, A. R. Reprodução em bovinos. São Paulo: SP, 2006. Características Gerais dos Bovinos/General Characteristics of Cattle Bovine. 2020. Fisiologia da Reprodução Animal: Ovulação, Controle e Sincronização do Cio. 2020. Nutrição Sobre a Reprodução e Fertilidade dos Bovinos. DERIVAUX, Jules; BECKERS, Jean-François; ECTORS, Francis. L'anoestrus du postpartum. Vlaams Diergeneeskundig Tijdschrift, v. 53, p. 215-229, 1984. ELLI, Massimiliano. Manual de reproducción en ganado vacuno. Zaragoza, ES: Servet Edit., 2005. FERNÁNDEZ DE CÓRDOBA DE LA BARRERA, Luis. Reproducción aplicada en el ganado bovino lechero. 1993. FERREIRA, A. de M. Reprodução da fêmea bovina: fisiologia aplicada e problemas mais comuns (causas e tratamentos). Juiz de Fora: Minas Gerais–Brasil, p. 422, 2010. GARVERICK, H. Allen. Ovarian follicular cysts in dairy cows. Journal of dairy science, v. 80, n. 5, p. 995-1004, 1997. HAFEZ, Elsayed Saad Eldin; HAFEZ, Bahaa. Reprodução animal. 2004. HIDALGO, Galina et al. Reproducción de animales domésticos. 2008. PETER, A. T.; VOS, P. L. A. M.; AMBROSE, D. J. Postpartum anestrus in dairy cattle. Theriogenology, v. 71, n. 9, p. 1333-1342, 2009. PETERS, A. R. et al. Reproducción del ganado vacuno. 1991. SPAIN, JAMES N.; LUCY, MATTHEW C.; HARDIN, DAVID K. Effects of nutrition on reproduction in dairy cattle. In: Current Therapy in Large Animal Theriogenology. WB Saunders, 2007. p. 442-450. UNGERFELD, Rodolfo. Reproducción de los animales domésticos. Edizioni LSWR, 2020. VILLA-GODOY, A. et al. Association between energy balance and luteal function in lactating dairy cows. Journal of Dairy Science, v. 71, n. 4, p. 1063-1072, 1988. WATHES, D. C. et al. Influence of negative energy balance on cyclicity and fertility in the high producing dairy cow. Theriogenology, v. 68, p. S232-S241, 2007. (shrink)

The paper focuses on the conditions under which an agent can be justifiably held responsible or liable for the harmful consequences of his or her actions. Kant has famously argued that as long as the agent fulfills his or her moral duty, he or she cannot be blamed for any potential harm that might result from his or her action, no matter how foreseeable these may (have) be(en). I call this the Duty-Absolves-Thesis or DA. I begin by stating the thesis (...) in a more precise form and then go on to assess, one by one, several possible justifications for it: that (i) it wasn’t the view Kant himself actually held or was committed to; (ii) there is nothing strange about the DA, either theoretically or intuitively; (iii) the DA is more plausible as an account of legal (either criminal or tort) liability; (iv) the DA becomes perfectly plausible when conceived as a thesis about what insulates the agent from either remedial moral responsibility or the demands of compensatory justice; (v) the rationale for the DA is to protect our moral assessment of agents and their actions from the threat of moral luck. I show, with the help of the infamous Inquiring Murderer example, all these (and some other) justificatory attempts unsuccessful. I conclude that besides being counter-intuitive, the DA-thesis also lacks firm theoretical grounding and should therefore be rejected as (part of) an account of outcome moral responsibility. (shrink)

In recent years, comparisons between abortion and slavery have become increasingly common in American pro-life politics. Some have compared the struggle to extinguish abortion rights to the struggle to end slavery. Others have claimed that Roe v Wade is the Dred Scott of our time. Still others have argued that abortion is worse than slavery; it is a form of genocide. This paper tracks the abortion = slavery meme from Ronald Reagan to the current personhood movement, drawing on work by (...) Orlando Patterson, Hortense Spillers, and Saidiya Hartman to develop a discourse of reproductive justice that grapples with the wounded kinship of slavery and racism. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good for her. For (...) example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. (shrink)

Quine's metaphilosophical naturalism is often dismissed as overly “scientistic.” Many contemporary naturalists reject Quine's idea that epistemology should become a “chapter of psychology” and urge for a more “liberal,” “pluralistic,” and/or “open-minded” naturalism instead. Still, whenever Quine explicitly reflects on the nature of his naturalism, he always insists that his position is modest and that he does not “think of philosophy as part of natural science”. Analyzing this tension, Susan Haack has argued that Quine's naturalism contains a “deep-seated and significant (...) ambivalence”. In this paper, I argue that a more charitable interpretation is possible—a reading that does justice to Quine's own pronouncements on the issue. I reconstruct Quine's position and argue that Haack and Quine, in their exchanges, have been talking past each other and that once this mutual misunderstanding is cleared up, Quine's naturalism turns out to be more modest, and hence less scientistic, than many contemporary naturalists have presupposed. I show that Quine's naturalism is first and foremost a rejection of the transcendental. It is only after adopting a broadly science-immanent perspective that Quine, in regimenting our language, starts making choices that many contemporary philosophers have argued to be unduly restrictive. (shrink)

The relationship between nature and normativity in Aristotle’s practical philosophy is problematic. On the one hand, Aristotle insists that ethical virtue arises through the habitual repetition of ethically good actions, and thus no one is good or virtuous by nature. Phusikê aretê or “natural virtue” is more like cleverness (demotes) than prudence (phronêsis) and it can result in wrong actions. Yet on the other hand, at times Aristotle appears to use nature to justify normative claims. Thus the problem with Aristotle’s (...) use of the notion of nature in his practical philosophy is that in some instances what is natural seems to be ethically neutral, but in other instances it seems to set the standard for human perfection. Modern Aristotle exegetes have sometimes argued that Aristotle must, consciously or not, be using the term “nature” in at least two different senses here. To use the language of Julia Annas, when Aristotle talks about “natural virtue” in the sense of the talents or abilities which one possesses from birth, he has in mind the notion of “mere nature,” but when he discusses the perfections which a virtuous individual enjoys by his or her nature, Aristotle has in mind the notion of nature as an “ethical ideal.” I would like to suggest an alternative solution to the problem of reconciling Aristotle’s different senses of nature in his Ethics. In Nicomachean Ethics V.7, Aristotle claims that political justice {to dikaion politikon) possesses a “natural” {phusikon) part and a “conventional” {nomikori) part. Aristotle claims that both nature and convention admit of variation, and his language suggests that the two are ultimately parts which need to be interwoven or combined. Scholars who have struggled with Aristotle’s apparently disparate senses of the idea of nature have assumed that nature is an ethical ideal which can be separated from and serve as a guide for that which is merely conventional. I argue that when Aristotle invokes what is “natural” as a norm, he does so under the assumption that the natural component of a norm is ultimately separable from its conventional part only in abstraction. Just like the syllable “BA” is not reducible to the letters “b” and “a,” but instead is a whole greater than its two parts, political justice is a composite unity of nature and convention which, in unifying the two parts, transforms them. (shrink)

In the paper, I try to cast some doubt on traditional attempts to define, or explicate, moral responsibility in terms of deserved praise and blame. Desert-based accounts of moral responsibility, though no doubt more faithful to our ordinary notion of moral responsibility, tend to run into trouble in the face of challenges posed by a deterministic picture of the world on the one hand and the impact of moral luck on human action on the other. Besides, grounding responsibility in desert (...) seems to support ascriptions of pathological blame to agents trapped in moral dilemmas as well as of excess blame in cases of joint action. Desert is also notoriously difficult, if not impossible, to determine (at least with sufficient precision). And, finally, though not least important, recent empirical research on people’s responsibility judgments reveals our common-sense notion of responsibility to be hopelessly confused and easily manipulated. So it may be time to rethink our inherited theory and practice of moral responsibility. Our theoretical and practical needs may be better served by a less intractable, more forward-looking notion of responsibility. The aim of the paper is to contrast the predominant, desert-based accounts of moral responsibility with their rather unpopular rival, the consequence- based accounts, and then show that the latter deserve more consideration than usually granted by their opponents. In the course of doing so, I assess, and ultimately reject, a number of objections that have been raised against consequentialist accounts of moral responsibility: that it (i) doesn’t do justice to our common-sense theory and practice of responsibility; (ii) ties responsibility too closely to influenceability, thereby exposing itself to the charge of counter-intuitivity; (iii) assigns undeserved responsibility (praise, blame) to agents; (iv) confuses ‘being responsible’ with ‘holding responsible’‚ and (v) provides the wrong-kind-of-reason for praise and blame. My negative and positive case may not add up to a knockdown argument in favor of revising our ordinary notion of responsibility. As long as the considerations adduced succeed in presenting the consequentialist alternative as a serious contender to a pre-arranged marriage between moral responsibility and desert, however, I’m happy to rest my case. (shrink)

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...) aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

Translating risk estimates derived from epidemiologic study into evidence of causality for a particular patient is problematic. The difficulty of this process is not unique to the medical context; rather, courts are also challenged with the task of using risk estimates to infer evidence of cause in particular cases. Thus, an examination of how this is done in a legal context might provide insight into when and how it is appropriate to use risk information as evidence of cause in a (...) medical context. A careful study of the case of Goodman v. Viljoen, a medical malpractice suit litigated in the Ontario Superior Court of Justice in 2011, reveals different approaches to how risk information is used as or might be considered a substitute for evidence of causation, and the pitfalls associated with these approaches. Achieving statistical thresholds, specifically minimizing the probability of falsely rejecting the null hypothesis, and exceeding a relative risk of 2, plays a significant role in establishing causality of the particular in the legal setting. However, providing a reasonable explanation or establishing “biological plausibility” of the causal association also seems important, and (to some) may even take precedent over statistical thresholds for a given context. (shrink)

In this open peer commentary, we concur with the three target articles’ analysis and positions on abortion in the special issue on Roe v. Wade as the exercise of reproductive liberty essential for the bioethical commitment to patient autonomy and self-determination. Our proposed OPC augments that analysis by explicating more fully the concept crucial to Roe of fetal personhood. We explain that the development and use of predictive reproductive technologies over the fifty years since Roe has changed the literal image, (...) and thereby the epistemological landscape, through which a prospective parent comes to know the fetus. The logic of Roe required a legal and ethical denial of fetal personhood to prioritize maternal autonomy over claims to fetal moral personhood. Our claim is that such a denial may be more complicated today. The fetal person genetic testing and reproductive imaging now presents to prospective parents has become an increasingly individualized, distinct medicalized picture of a developing person with which a parent can either identify or differentiate. In contrast, the fetal person of Roe was an abstract and vague figure stripped of most human particulars, a pregnancy rather than the specific individualized human entity reproductive technology now presents as a person to prospective parents. We discuss the implications of this shift and call for a more capacious analysis of reproductive ethics that works towards both reproductive and disability justice. (shrink)

Plus qu’un régime ou un mode de vie, le véganisme est un mouvement social et politique visant à libérer les animaux du joug humain. S’opposant au carnisme, les véganes renoncent autant que possible à utiliser des produits ou des services issus de leur exploitation. Leurs arguments rencontrent aujourd’hui un écho de plus en plus favorable parmi les consommateurs, alors même que les animaux, sur terre et dans la mer, n’ont jamais été tués dans de si grandes proportions. Cet essai est (...) l’occasion pour ses auteurs de montrer que la société que les véganes appellent de leurs vœux (et préfigurent par leurs pratiques quotidiennes) repose sur une conception élargie de la justice. Une justice qui devrait embrasser l’ensemble des êtres doués de sensibilité. (shrink)

In the December 2015 Issue of the Police Journal Sam Poyser and Rebecca Milne addressed the subject of miscarriages of justice. Cold case investigations can address some of these wrongs. The salient points for attention are those just before his sudden death: Milligan was appointed Private Secretary to Jonathan Aitken, the then Minister of Arms in the Conservative government in 1994. The known facts are as follows: 1. Stephen David Wyatt Milligan was found deceased on Tuesday 8th February 1994 (...) at his Chiswick, West London house where he lived alone. His body was found by his secretary Vera Taggart who was told by Julie Kirkbride where a spare key to his London house was kept and who decided to go to his house that day because he was not answering his telephone. Police said he had made one last telephone call on Saturday evening at 9.00pm. 2. Stephen David Wyatt Milligan had been the elected Member of Parliament (‘MP’) for Eastleigh in Hampshire since 1992. 3. The important topics this MP was addressing in 1994 at the time of his death included: (i) rail privatization plans and the impact through job losses on communities, especially his own constituency of Eastleigh; (ii) arms dealings with Saudi Arabia, especially with his previous intelligence gathered as an economics journalist for esteemed publications; (iii) the UK military industry; (iv) homosexuality among senior government Ministers, as revealed by British footballer Fasanu; (v) personal relationship and planned marriage to his fiancée (Julie Kirkbride) who at the time was a political journalist. 4. Stephen Milligan was also appointed as Parliamentary Private Secretary to Jonathan Aitken, Arms Minister and this position must have required that he came ‘up to speed’ on international arms trade and indeed its relation to bribery and corruption across jurisdictions. Milligan’s experience and knowledge as a former high-level political and economics journalist must have been of huge benefit to government minister Jonathan Aitken who was later imprisoned for perjury. 5. Regarding Stephen Milligan’s death in 1994, the Guardian newspaper in their immediate obituary said that ‘The death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. He was on the left of the Tory party - he had even had a brief flirtation with the SDP when it was formed - and was a noted Euro-enthusiast… the death of one of the government's most outspoken and loyal supporters will pose a stiff electoral test for the Tories to surmount. Regarding Stephen Milligan’s sudden and unexpected death in 1994, MP David Willetts (Conservative, Havant) said in March 2015, in his address in the House of Commons. ‘…The inevitable ups and downs and triumphs and disasters of politics are among the great features of this place. There are colleagues in all parts of the House who are tolerant and understanding. There are friendships that keep the downs as well as the ups of politics in perspective. Having entered the House in 1992, I think particularly of two good friends, Judith Chaplin and Stephen Milligan, who both died within two years of being elected; that loss stayed with me for a long time...’ 6. On 28 February 2000, in the House of Commons, at Column 106, Mr Mike Hancock (Portsmouth) said, on the deaths of Michael Colvin and of Stephen Milligan MP: ‘I knew Michael Colvin for nearly 30 years, from when he was first elected to Hampshire county council. During my time as leader of that council, he and the late former Member of Parliament for Eastleigh, Stephen Milligan, were usually the only Members of Parliament who readily supported the council when necessary. Michael Colvin supported many ventures in the county of Hampshire. He will be missed here, in his constituency, and in Europe, and I stress that Hampshire has lost a staunch supporter. I am sure that the county will at some stage want to record its regret at his death and its deepest appreciation of the part that he played in its life....’ -/- Mike Hancock had, like Stephen Milligan, served on the Select Committee on Defence. It is interesting that he mentioned Stephen Milligan’s support as MP for Eastleigh when Milligan had only been so appointed a couple of years before his sudden death, as compared to 30 years of support from Mike Colvin. 7. Mr Andrew Robathan (for Blaby) said in the House of Commons Hansard Debates on 27 January1997, (Column 62) (on the registering of sex offenders): ‘I remember the death of my honourable friend Stephen Milligan, who represented Eastleigh. The press reports of the time stated that each Metropolitan police station had a police officer in the pay of newspapers. I do not know whether that is true, but I am aware that the police are not renowned for being entirely secure with their information…’ This statement is mischievous and it has been demonstrated time and time again, as being untrue, especially during the recent press inquiry leading to the four-volume Leveson Report, published in November 2012, into phone hacking and the ethics and culture of the UK media, pursuant to section 26 of the Inquiries Act 2005, and ordered by the House of Commons to be printed on 29 November 2012, ISBN: 9780102981063, by the Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office. In Volume 4 of the 2012 Leveson Report, chapter 4 concluded on the Press Complaints Commission (‘PCC’) and its effectiveness and revealed that the PCC does not initiate its own investigations other than those ‘needed to head off criticism of the press or self-regulation- or to accept complaints from third parties across the board and on a transparent basis… and the report states that ‘the resources of the police are limited’ in terms of being able to fully inspect the Press and media reports. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three landmark (...) decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights.]. (shrink)