Results for 'Negligence'

130 found
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  1. Negligent Action and Unwitting Omissions.Randolph Clarke - 2014 - In Alfred R. Mele (ed.), Surrounding Free Will: Philosophy, Psychology, Neuroscience. New York: Oup Usa. pp. 298-317.
    Negligence and omission are closely related: commonly, in cases of negligent action, the agent has failed to turn her attention to some pertinent fact. But that omission is itself typically unwitting. A sufficient condition for blameworthiness for an unwitting omission is offered, as is an account of blameworthiness for negligent action. It is argued that one can be blameworthy for wrongdoing done from ignorance even if one is not blameworthy for that ignorance.
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  2. Negligence: its moral significance.Santiago Amaya - 2022 - In Manuel Vargas & John Doris (eds.), The Oxford Handbook of Moral Psychology. Oxford, U.K.: Oxford University Press.
    This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.
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  3. Minding Negligence.Craig K. Agule - 2022 - Criminal Law and Philosophy 16 (2):231-251.
    The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.
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  4. Negligence and self-trust.Samuel Murray - forthcoming - Oxford Studies in Agency and Responsibility.
    Why are we accountable for negligent wrongdoing? This paper develops a contractualist account of accountability for negligent wrongdoing rooted in maintaining self-trust. Displays of negligence threaten the self-trust needed to exercise planning agency. People thus have reason to take responsibility for being negligent to defeat higher-order evidence about the unreliability of one’s planning agency. Individuals are rationally required to take responsibility for negligence in virtue of the demands of planning agency. One novel implication of this view is that (...)
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  5.  88
    Negligence.Kenneth W. Simons - 1999 - Social Philosophy and Policy 16 (2):52.
    Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. (...)
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  6. Contributory Negligence: Conceptual and Normative Issues.Kenneth W. Simons - 1995 - In David G. Owen (ed.), Philosophical Foundations of Tort Law. Oxford University Press.
    When a plaintiff has been negligent in the sense that he should have acted otherwise, should the same criterion of negligence apply that would apply if he were creating risks only to others? Indeed, are there any persuasive reasons not to apply a radically different criterion of negligence? Moreover, should the plaintiff's recovery be diminished, outside the category of assumption of risk, even when the plaintiff has not been negligent? What are the justifiable criteria and limits of such (...)
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  7. The Problem with Negligence.Matt King - 2009 - Social Theory and Practice 35 (4):577-595.
    Ordinary morality judges agents blameworthy for negligently produced harms. In this paper I offer two main reasons for thinking that explaining just how negligent agents are responsible for the harms they produce is more problematic than one might think. First, I show that negligent conduct is characterized by the lack of conscious control over the harm, which conflicts with the ordinary view that responsibility for something requires at least some conscious control over it. Second, I argue that negligence is (...)
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  8. Author’s Reply: Negligence and Normative Import.Katrina L. Sifferd & Tyler K. Fagan - 2022 - Criminal Law and Philosophy 16 (2):353-371.
    In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...)
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  9. Microaggressions as negligence.David Schraub - forthcoming - Journal of Social Philosophy.
    In this paper, I suggest that the wrongness of many—though not at all—cases of microaggressions can be captured as cases of negligence. A case of negligence holds when, regardless of an actor’s intentions, he or she wrongs another in a manner that is both reasonably foreseeable and reasonably avoidable. Thinking of microaggressions as negligence answers some objections of skeptics who focus on the possibility that the alleged microaggressor “meant no offense”. It does so while retaining language explaining (...)
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  10. Negligent Algorithmic Discrimination.Andrés Páez - 2021 - Law and Contemporary Problems 84 (3):19-33.
    The use of machine learning algorithms has become ubiquitous in hiring decisions. Recent studies have shown that many of these algorithms generate unlawful discriminatory effects in every step of the process. The training phase of the machine learning models used in these decisions has been identified as the main source of bias. For a long time, discrimination cases have been analyzed under the banner of disparate treatment and disparate impact, but these concepts have been shown to be ineffective in the (...)
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  11. Mental control and attributions of blame for negligent wrongdoing.Samuel Murray, Kristina Krasich, Zachary Irving, Thomas Nadelhoffer & Felipe De Brigard - forthcoming - Journal of Experimental Psychology: General.
    Judgments of blame for others are typically sensitive to what an agent knows and desires. However, when people act negligently, they do not know what they are doing and do not desire the outcomes of their negligence. How, then, do people attribute blame for negligent wrongdoing? We propose that people attribute blame for negligent wrongdoing based on perceived mental control, or the degree to which an agent guides their thoughts and attention over time. To acquire information about others’ mental (...)
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  12. Nobody’s Perfect: Moral Responsibility in Negligence.Ori Herstein - 2019 - Canadian Journal of Law and Jurisprudence 31 (1):109-125.
    Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in that (...)
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  13. Wrongful Life Claims and Negligent Selection of Gametes or Embryos in Infertility Treatments: A Quest for Coherence.Noam Gur - 2014 - Journal of Law and Medicine 22:426-441.
    This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...)
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  14. The Place of the Trace: Negligence and Responsibility.Samuel Murray - 2020 - Review of Philosophy and Psychology 11 (1):39-52.
    One popular theory of moral responsibility locates responsible agency in exercises of control. These control-based theories often appeal to tracing to explain responsibility in cases where some agent is intuitively responsible for bringing about some outcome despite lacking direct control over that outcome’s obtaining. Some question whether control-based theories are committed to utilizing tracing to explain responsibility in certain cases. I argue that reflecting on certain kinds of negligence shows that tracing plays an ineliminable role in any adequate control-based (...)
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  15. Mental Self-Management as Attempted Negligence: Trying and Succeeding.Benjamin Rossi - 2015 - Law and Philosophy 34 (5):551-579.
    ‘Attempted negligence’ is a category of criminal offense that many jurists and philosophers have law have deemed conceptually incoherent. In his Attempts: In the Philosophy of Action and the Criminal Law, Gideon Yaffe challenges this dismissal, anchoring his argument in cases of what he calls ‘mental self-management’ in which agents plan to bring about that they perform unintentional actions at a later time. He plausibly argues that mental self-management-type attempted negligence is possible. However, his account raises the question (...)
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  16. Balancing Acts: Intending Good and Foreseeing Harm -- The Principle of Double Effect in the Law of Negligence.Edward C. Lyons - 2005 - Georgetown Journal of Law and Public Policy 3 (2):453-500.
    In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...)
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  17. Is the risk–liability theory compatible with negligence law?Toby Handfield & Trevor Pisciotta - 2005 - Legal Theory 11 (4):387-404.
    David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis (...)
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  18. Trust and professionalism in science: medical codes as a model for scientific negligence?Hugh Desmond & Kris Dierickx - 2021 - BMC Medical Ethics 22 (1):1-11.
    Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes (...)
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  19. The Good, the Bad, and the Klutzy: Criminal Negligence and Moral Concern.Andrew Ingram - 2015 - Criminal Justice Ethics 34 (1):87-115.
    One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of (...)
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  20. UK Home Secretary: Wilful negligence of Asylum Seekers? (15th edition).Sally S. Ramage - 2022 - Current Criminal Law 15 (2):2-8.
    Mens rea means a guilty mind; guilty knowledge and wilfulness without clear permission to do so. The 1924 Declaration of the Rights of the Child and the 1948 Universal Declaration of Human Rights, followed by the 1959 Declaration of the Rights of the Child have all been ignored by the UK Home Secretary and the UK Prime Minister. These universal laws place the child in the nexus of the State, the parents, and the broader society. The 1959 Declaration claims in (...)
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  21. Solutions for stopping “negligent homicide” of billion birds.Minh-Hoang Nguyen - 2022 - SM3D Portal.
    As urbanization happens, more and more buildings are built, leading to the increasing deaths of birds due to collisions with buildings, especially in the United States (US). According to a systematic estimate based on 26 datasets from North America, around 365 and 988 million birds are killed annually by crashing into buildings in the US. Collisions with low-rise buildings (4 to 11 stories tall) account for the highest proportion of mortality, with 56%.
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  22. No luck for moral luck.Markus Kneer & Edouard Machery - 2019 - Cognition 182 (C):331-348.
    Moral philosophers and psychologists often assume that people judge morally lucky and morally unlucky agents differently, an assumption that stands at the heart of the Puzzle of Moral Luck. We examine whether the asymmetry is found for reflective intuitions regarding wrongness, blame, permissibility, and punishment judg- ments, whether people’s concrete, case-based judgments align with their explicit, abstract principles regarding moral luck, and what psychological mechanisms might drive the effect. Our experiments produce three findings: First, in within-subjects experiments favorable to reflective (...)
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  23.  32
    Moralische Verantwortung für fahrlässiges Handeln.Philipp Schwind - forthcoming - Zeitschrift für Philosophische Forschung.
    Moral responsibility for an action can only be ascribed if it allows inferences about the agent. In cases of negligence, such a connection appears absent, as the agent acts in ignorance of readily accessible relevant facts. Yet, we hold individuals accountable for their negligent actions. The literature presents two approaches to resolve this apparent contradiction: Derivative theories trace negligence back to prior culpable misconduct, while non-derivative theories view negligent actions as expressions of blameworthy attitudes. However, there are cases (...)
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  24. Outcome Effects, Moral Luck and the Hindsight Bias.Markus Kneer & Iza Skoczeń - 2023 - Cognition 232.
    In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that (...)
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  25. Proceed with Caution.Annette Zimmermann & Chad Lee-Stronach - 2021 - Canadian Journal of Philosophy (1):6-25.
    It is becoming more common that the decision-makers in private and public institutions are predictive algorithmic systems, not humans. This article argues that relying on algorithmic systems is procedurally unjust in contexts involving background conditions of structural injustice. Under such nonideal conditions, algorithmic systems, if left to their own devices, cannot meet a necessary condition of procedural justice, because they fail to provide a sufficiently nuanced model of which cases count as relevantly similar. Resolving this problem requires deliberative capacities uniquely (...)
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  26. Unconscious Mens Rea: Criminal Responsibility for Lapses and Minimally Conscious States.Katrina Sifferd - 2016 - In Dennis Michael Patterson & Michael S. Pardo (eds.), Philosophical Foundations of Law and Neuroscience. Oxford, United Kingdom: Oxford University Press UK.
    In a recent book, Neil Levy argues that culpable action – action for which we are morally responsible – is necessarily produced by states of which we are consciously aware. However, criminal defendants are routinely held responsible for criminal harm caused by states of which they are not conscious in Levy’s sense. In this chapter I argue that cases of negligent criminal harm indicate that Levy’s claim that moral responsibility requires synchronic conscious awareness of the moral significance of an act (...)
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  27. Theorizing a Spectrum of Aggression: Microaggressions, Creepiness, and Sexual Assault.Emma McClure - 2019 - The Pluralist 14 (1):91-101.
    Microaggressions are seemingly negligible slights that can cause significant damage to frequently targeted members of marginalized groups. Recently, Scott O. Lilienfeld challenged a key platform of the microaggression research project: what’s aggressive about microaggressions? To answer this challenge, Derald Wing Sue, the psychologist who has spearheaded the research on microaggressions, needs to theorize a spectrum of aggression that ranges from intentional assault to unintentional microaggressions. I suggest turning to Bonnie Mann’s “Creepers, Flirts, Heroes and Allies” for inspiration. Building from Mann’s (...)
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  28. The Relationship between Correcting Deviations in Measuring Performance and Achieving the Objectives of Control - The Islamic University as a Model.Abed Alfetah M. AlFerjany, Ashraf A. M. Salama, Youssef M. Abu Amuna, Mazen J. Al Shobaki & Samy S. Abu-Naser - 2018 - International Journal of Engineering and Information Systems (IJEAIS) 2 (1):74-89.
    The study aimed to identify the relationship between correcting the deviations in the measurement of performance and achieving the objectives of control and the performance of the job at the Islamic University in the Gaza Strip. To achieve the objectives of the research, the researchers used the descriptive analytical approach to collect information. The questionnaire consisted of (20) statements distributed to three categories of employees of the Islamic University (senior management, faculty members, their assistants and members of the administrative board). (...)
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  29. Omissive Overdetermination: Why the Act-Omission Distinction Makes a Difference for Causal Analysis.Yuval Abrams - 2022 - University of Western Australia Law Review 1 (49):57-86.
    Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...)
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  30. (1 other version)Reasonableness on the Clapham Omnibus: Exploring the outcome-sensitive folk concept of reasonable.Markus Kneer - 2022 - In P. Bystranowski, Bartosz Janik & M. Prochnicki (eds.), Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives. Springer Nature. pp. 25-48.
    This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...)
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  31. Flexible occurrent control.Denis Buehler - 2019 - Philosophical Studies 176 (8):2119-2137.
    There has recently been much interest in the role of attention in controlling action. The role has been mischaracterized as an element in necessary and sufficient conditions on agential control. In this paper I attempt a new characterization of the role. I argue that we need to understand attentional control in order to fully understand agential control. To fully understand agential control we must understand paradigm exercises of agential control. Three important accounts of agential control—intentional, reflective, and goal-represented control—do not (...)
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  32. Demographic statistics in defensive decisions.Renée Jorgensen Bolinger - 2019 - Synthese 198 (5):4833-4850.
    A popular informal argument suggests that statistics about the preponderance of criminal involvement among particular demographic groups partially justify others in making defensive mistakes against members of the group. One could worry that evidence-relative accounts of moral rights vindicate this argument. After constructing the strongest form of this objection, I offer several replies: most demographic statistics face an unmet challenge from reference class problems, even those that meet it fail to ground non-negligible conditional probabilities, even if they did, they introduce (...)
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  33. Improving the market for livestock production households to alleviate food insecurity in the Philippines.Minh-Phuong Thi Duong, Ni Putu Wulan Purnama Sari, Adrino Mazenda, Tam-Tri Le, Minh-Hoang Nguyen & Quan-Hoang Vuong - manuscript
    Food security is one of the major concerns in the Philippines. Although livestock and poultry production accounts for a significant proportion of the country’s agricultural output, smallholder households are still vulnerable to food insecurity. The current study aims to examine how livestock production and selling difficulties affect smallholder households’ food-insecure conditions. For this objective, Bayesian Mindsponge Framework (BMF) analytics was employed on a dataset of the Food and Agriculture Organization’s Data in Emergencies Monitoring (DIEM) system. We found that production and (...)
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  34. Individual Climate Risks at the Bounds of Rationality.Avram Hiller - 2023 - In Adriana Placani & Stearns Broadhead (eds.), _Risk and Responsibility in Context_. New York: Routledge. pp. 249-271.
    All ordinary decisions involve some risk. If I go outside for a walk, I may trip and injure myself. But if I don’t go for a walk, I slightly increase my chances of cardiovascular disease. Typically, we disregard most small risks. When, for practical purposes, is it appropriate for one to ignore risk? This issue looms large because many activities performed by those in wealthy societies, such as driving a car, in some way risk contributing to climate harms. Are these (...)
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  35. The Value of Biased Information.Nilanjan Das - 2023 - British Journal for the Philosophy of Science 74 (1):25-55.
    In this article, I cast doubt on an apparent truism, namely, that if evidence is available for gathering and use at a negligible cost, then it’s always instrumentally rational for us to gather that evidence and use it for making decisions. Call this ‘value of information’ (VOI). I show that VOI conflicts with two other plausible theses. The first is the view that an agent’s evidence can entail non-trivial propositions about the external world. The second is the view that epistemic (...)
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  36. Causation, Norm violation, and culpable control.Mark D. Alicke, David Rose & Dori Bloom - 2011 - Journal of Philosophy 108 (12):670-696.
    Causation is one of philosophy's most venerable and thoroughly-analyzed concepts. However, the study of how ordinary people make causal judgments is a much more recent addition to the philosophical arsenal. One of the most prominent views of causal explanation, especially in the realm of harmful or potentially harmful behavior, is that unusual or counternormative events are accorded privileged status in ordinary causal explanations. This is a fundamental assumption in psychological theories of counterfactual reasoning, and has been transported to philosophy by (...)
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  37. Egalitarian Justice and Expected Value.Carl Knight - 2013 - Ethical Theory and Moral Practice 16 (5):1061-1073.
    According to all-luck egalitarianism, the differential distributive effects of both brute luck, which defines the outcome of risks which are not deliberately taken, and option luck, which defines the outcome of deliberate gambles, are unjust. Exactly how to correct the effects of option luck is, however, a complex issue. This article argues that (a) option luck should be neutralized not just by correcting luck among gamblers, but among the community as a whole, because it would be unfair for gamblers as (...)
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  38. Expertise, moral subversion, and climate deregulation.Ahmad Elabbar - 2024 - Synthese 203 (5):1-28.
    The weaponizing of scientific expertise to oppose regulation has been extensively studied. However, the relevant studies, belonging to the emerging discipline of agnotology, remain focused on the analysis of empirical corruption: of misinformation, doubt mongering, and other practices that cynically deploy expertise to render audiences ignorant of empirical facts. This paper explores the wrongful deployment of expertise beyond empirical corruption. To do so, I develop a broader framework of morally subversive expertise, building on recent work in political philosophy (Howard, 2016). (...)
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  39. ‘I Didn’t Know It Was You’: The Impersonal Grounds of Relational Normativity.Jed Lewinsohn - forthcoming - Noûs.
    A notable feature of our moral and legal practices is the recognition of privileges, powers, and entitlements belonging to a select group of individuals in virtue of their status as victims of wrongful conduct. A philosophical literature on relational normativity purports to account for this status in terms of such notions as interests, rights, and attitudes of disregard. This paper argues that such individualistic notions cannot account for prevailing and intuitive ways of demarcating the class of victims. The focus of (...)
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  40. Par-delà les Mémoires et le roman : dispositif fictionnel et vérité philosophique dans le Traité des sensations de Condillac.Mitia Rioux-Beaulne - 2023 - In Marc-André Bernier & Zeina Hakim (eds.), Mémoires et roman. Les rapports entre vérité et fiction au XVIIIe siècle. Hermann.
    L’étude proposée ici se déroulera en trois moments. Il s’agit, dans un premier temps, de revenir sur la manière dont la question du rapport entre vérité et fiction est posée dans le Traité des sensations de Condillac. Il faut rappeler la justification du recours à la fiction d’une statue gagnant un sens à la fois dans le cadre d’une analyse portant sur l’origine des idées, c’est-à-dire du recours à l’imagination dans le contexte d’une enquête métaphysique ressortissant à la raison. Dans (...)
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  41. Le phénoménalisme problématique de Pierre Duhem.Jean-François Stoffel - 2002 - Bruxelles, Belgique: Académie Royale de Belgique.
    Physicien théoricien, philosophe de la physique et historien des théo­ries physiques, le savant catholique français Pierre Duhem (1861-1916) a profondément marqué la pensée du vingtième siècle. Chacun connaît le Système du monde, dont les dix volu­mes ont contribué à la redécouverte de la science médiévale, et La théorie physique, qui a notamment donné lieu à la célèbre «thèse Duhem-Quine». Si Clio a donc gardé de Duhem le sou­venir d’un grand historien des sciences et d’un philosophe perspicace de la physique, lui-même (...)
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  42. Collateral Damage and the Principle of Due Care.Anne Schwenkenbecher - 2014 - Journal of Military Ethics 13 (1):94-105.
    This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply with (...)
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  43. Consensus versus Unanimity: Which Carries More Weight?Finnur Dellsén - 2021 - British Journal for the Philosophy of Science.
    Around 97% of climate scientists endorse anthropogenic global warming (AGW), the theory that human activities are partly responsible for recent increases in global average temperatures. Clearly, this widespread endorsement of AGW is a reason for non-experts to believe in AGW. But what is the epistemic significance of the fact that some climate scientists do not endorse AGW? This paper contrasts expert unanimity, in which virtually no expert disagrees with some theory, with expert consensus, in which some non-negligible proportion either rejects (...)
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  44. A New Role for Rollbacks: Showing How Objective Probabilities Undermine the Ability to Act Otherwise.Jan-Felix Müller - manuscript
    Rollback arguments focus on long sequences of actions with identical initial conditions in order to explicate the luck problem that indeterminism poses for libertarian free will theories (i.e. the problem that indeterministic actions appear arbitrary in a free-will undermining way). In this paper, I propose a rollback argument for probability incompatibilism, i.e. for the thesis that free will is incompatible with all world-states being governed by objective probabilities. Other than the most prominently discussed rollback arguments, this argument explicitly focusses on (...)
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  45. Abandoning the Abandonment Objection: Luck Egalitarian Arguments for Public Insurance.Carl Knight - 2015 - Res Publica 21 (2):119-135.
    Critics of luck egalitarianism have claimed that, far from providing a justification for the public insurance functions of a welfare state as its proponents claim, the view objectionably abandons those who are deemed responsible for their dire straits. This article considers seven arguments that can be made in response to this ‘abandonment objection’. Four of these arguments are found wanting, with a recurrent problem being their reliance on a dubious sufficientarian or quasi-sufficientarian commitment to provide a threshold of goods unconditionally. (...)
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  46. Why the wrongness of intentionally impairing children in utero does not imply the wrongness of abortion.Simon Cushing - 2023 - Journal of Medical Ethics 49 (2):146-147.
    Perry Hendricks’ ‘impairment argument’, which he has defended in this journal, is intended to demonstrate that the generally conceded wrongness of giving a fetus fetal alcohol syndrome (FAS) shows that abortion must also be immoral, even if we allow that the fetus is not a rights-bearing moral person. The argument fails because the harm of causing FAS is extrinsic but Hendricks needs it to be intrinsic for it to show anything about abortion. Either the subject of the wrong of causing (...)
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  47. Businesses, Technological Innovations, and Responsibility.Aatif Abbas - 2023 - Business and Professional Ethics Journal 42 (3):269-290.
    This article argues that businesses are morally responsible for compensating the people harmed by their activities even if they were not negligent, i.e., the businesses took reasonable precautions. Critics of this position maintain that responsibility requires choice, and by taking precautions, businesses choose not to harm others. This article accepts their argument’s first premise but rejects the second premise. It contends that businesses often seek risky or innovative activities to increase profits, and the essence of innovative activities is that precautions (...)
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  48. Responsibility, Desert, and Justice.Carl Knight - 2011 - In Carl Knight & Zofia Stemplowska (eds.), Responsibility and distributive justice. New York: Oxford University Press.
    This chapter identifies three contrasts between responsibility-sensitive justice and desert-sensitive justice. First, while responsibility may be appraised on prudential or moral grounds, it is argued that desert is necessarily moral. As moral appraisal is much more plausible, responsibility-sensitive justice is only attractive in one of its two formulations. Second, strict responsibility sensitivity does not compensate for all forms of bad brute luck, and forms of responsibility-sensitive justice like luck egalitarianism that provide such compensation do so by appealing to independent moral (...)
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  49. The Ethics of Placebo-controlled Trials: Methodological Justifications.Joseph Millum & Christine Grady - 2013 - Contemporary Clinical Trials 36 (2):510-14.
    The use of placebo controls in clinical trials remains controversial. Ethical analysis and international ethical guidance permit the use of placebo controls in randomized trials when scientifically indicated in four cases: (1) when there is no proven effective treatment for the condition under study; (2) when withholding treatment poses negligible risks to participants; (3) when there are compelling methodological reasons for using placebo, and withholding treatment does not pose a risk of serious harm to participants; and, more controversially, (4) when (...)
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  50. Justice in epistemic gaps: The ‘proof paradox’ revisited.Lewis Ross - 2021 - Philosophical Issues 31 (1):315-333.
    This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.
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