First, we explain the conception of trustworthiness that we employ. We model trustworthiness as a relation among a trustor, a trustee, and a field of trust defined and delimited by its scope. In addition, both potential trustors and potential trustees are modeled as being more or less reliable in signaling either their willingness to trust or their willingness to prove trustworthy in various fields in relation to various other agents. Second, following Alfano (forthcoming) we argue that the social scale of (...) a potential trust relationship partly determines both explanatory and normative aspects of the relation. Most of the philosophical literature focuses on dyadic trust between a pair of agents (Baier 1986, Jones 1996, Jones 2012, McGeer 2008, Pettit 1995), but there are also small communities of trust (Alfano forthcoming) and trust in large institutions (Potter 2002, Govier 1997, Townley & Garfield 2013, Hardin 2002). The mechanisms that induce people to extend their trust vary depending on the size of the community in question, and the ways in which trustworthiness can be established and trusting warranted vary with these mechanisms. Mechanisms that work in dyads and small communities are often unavailable in the context of trusting an institution or branch of government. Establishing trust on this larger social scale therefore requires new or modified mechanisms. In the third section of the paper, we recommend three policies that – we argue – tend to make institutions more trustworthy and to reliably signal that trustworthiness to the public. First, they should ensure that their decision-making processes are as open and transparent as possible. Second, they should make efforts to engage stakeholders in dialogue with decision-makers such as managers, members of the C-Suite, and highly-placed policy-makers. Third, they should foster diversity – gender, ethnicity, age, socioeconomic background, disability, etc. – in their workforce at all levels, but especially in management and positions of power. We conclude by discussing the warrant for distrust in institutions that do not adopt these policies, which we contend is especially pertinent for people who belong to groups that have historically faced (and in many cases still do face) oppression. (shrink)

In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an implication of this view (...) is that persons who are substantially and non-culpably limited in their capacity for ordinary moral perception warrant an excuse for engaging in unlawful conduct. I identify a particular set of conditions that trigger this excuse, and then I systematically examine it as applied to the controversial case of former-child-soldier-turned leader of the Lord’s Resistance Army, Dominic Ongwen, who is currently at trial at the International Criminal Court. (shrink)

Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...) a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question. (shrink)

It has become standard for feminist philosophers of language to analyze Catherine MacKinnon's claim in terms of speech act theory. Backed by the Austinian observation that speech can do things and the legal claim that pornography is speech, the claim is that the speech acts performed by means of pornography silence women. This turns upon the notion of illocutionary silencing, or disablement. In this paper I observe that the focus by feminist philosophers of language on the failure to achieve uptake (...) for illocutionary acts serves to group together different kinds of illocutionary silencing which function in very different ways. (shrink)

This paper examines whether American parents legally violate their children’s privacy rights when they share embarrassing images of their children on social media without their children’s consent. My inquiry is motivated by recent reports that French authorities have warned French parents that they could face fines and imprisonment for such conduct, if their children sue them once their children turn 18. Where French privacy law is grounded in respect for dignity, thereby explaining the French concerns for parental “over-sharing,” I show (...) that there are three major legal roadblocks for such a case to succeed in US law. First, US privacy tort law largely only protects a person’s image where the person has a commercial interest in his or her image. Secondly, privacy tort laws are subject to constitutional constraints respecting the freedom of speech and press. Third, American courts are reluctant to erode parental authority, except in cases where extraordinary threats to children’s welfare exist. I argue that while existing privacy law in the US is inadequate to offer children legal remedy if their parents share their embarrassing images of them without their consent, the dignity-based concerns of the French should not be neglected. I consider a recent proposal to protect children’s privacy by extending to them the “right to be forgotten” online, but I identify problems in this proposal, and argue it is not a panacea to the over-sharing problem. I conclude by emphasizing our shared social responsibilities to protect children by teaching them about the importance of respecting one another’s privacy and dignity in the online context, and by setting examples as responsible users of internet technologies. (shrink)

Background. Drawing on social identity theory and positive psychology, this study investigated women’s responses to the social environment of physics classrooms. It also investigated STEM identity and gender disparities on academic achievement and flourishing in an undergraduate introductory physics course for STEM majors. 160 undergraduate students enrolled in an introductory physics course were administered a baseline survey with self-report measures on course belonging, physics identification, flourishing, and demographics at the beginning of the course and a post-survey at the end of (...) the academic term. Students also completed force concept inventories and physics course grades were obtained from the registrar. Results. Women reported less course belonging and less physics identification than men. Physics identification and grades evidenced a longitudinal bidirectional relationship for all students (regardless of gender) such that when controlling for baseline physics knowledge: (a) students with higher physics identification were more likely to earn higher grades; and (b) students with higher grades evidenced more physics identification at the end of the term. Men scored higher on the force concept inventory than women, although no gender disparities emerged for course grades. For women, higher physics (versus lower) identification was associated with more positive changes in flourishing over the course of the term. High-identifying men showed the opposite pattern: negative change in flourishing was more strongly associated with high identifiers than low identifiers. Conclusions. Overall, this study underlines gender disparities in physics both in terms of belonging and physics knowledge. It suggests that strong STEM identity may be associated with academic performance and flourishing in undergraduate physics courses at the end of the term, particularly for women. A number of avenues for future research are discussed. (shrink)

Garrath Williams claims that truly responsible people must possess a “capacity … to respond [appropriately] to normative demands” (2008:462). However, there are people whom we would normally praise for their responsibility despite the fact that they do not yet possess such a capacity (e.g. consistently well-behaved young children), and others who have such capacity but who are still patently irresponsible (e.g. some badly-behaved adults). Thus, I argue that to qualify for the accolade “a responsible person” one need not possess such (...) a capacity, but only to be earnestly willing to do the right thing and to have a history that testifies to this willingness. Although we may have good reasons to prefer to have such a capacity ourselves, and to associate ourselves with others who have it, at a conceptual level I do not think that such considerations support the claim that having this capacity is a necessary condition of being a responsible person in the virtue sense. (shrink)

Luck egalitarians think that considerations of responsibility can excuse departures from strict equality. However critics argue that allowing responsibility to play this role has objectionably harsh consequences. Luck egalitarians usually respond either by explaining why that harshness is not excessive, or by identifying allegedly legitimate exclusions from the default responsibility-tracking rule to tone down that harshness. And in response, critics respectively deny that this harshness is not excessive, or they argue that those exclusions would be ineffective or lacking in justification. (...) Rather than taking sides, after criticizing both positions I also argue that this way of carrying on the debate – i.e. as a debate about whether the harsh demands of responsibility outweigh other considerations, and about whether exclusions to responsibility-tracking would be effective and/or justified – is deeply problematic. On my account, the demands of responsibility do not – in fact, they can not – conflict with the demands of other normative considerations, because responsibility only provides a formal structure within which those other considerations determine how people may be treated, but it does not generate its own practical demands. (shrink)

Fred Adams and collaborators advocate a view on which empty-name sentences semantically encode incomplete propositions, but which can be used to conversationally implicate descriptive propositions. This account has come under criticism recently from Marga Reimer and Anthony Everett. Reimer correctly observes that their account does not pass a natural test for conversational implicatures, namely, that an explanation of our intuitions in terms of implicature should be such that we upon hearing it recognize it to be roughly correct. Everett argues that (...) the implicature view provides an explanation of only some our intuitions, and is in fact incompatible with others, especially those concerning the modal profile of sentences containing empty names. I offer a pragmatist treatment of empty names based upon the recognition that the Gricean distinction between what is said and what is implicated is not exhaustive, and argue that such a solution avoids both Everett’s and Reimer’s criticisms.Selon Fred Adams et ses collaborateurs, les phrases comportant des noms propres vides codent sémantiquement des propositions incomplètes, bien qu’elles puissent être utilisées pour impliquer des propositions descriptives dans le contexte d’une conversation. Marga Reimer et Anthony Everett ont récemment critiqué cette théorie. Reimer note judicieusement que leur théorie ne résiste pas à l’examen naturel des implications conversationnelles; une explication de nos intuitions concernant l’implication doit être telle que lorsque nous l’entendons, elle nous apparaît globalement correcte. Everett soutient que la théorie de l’implication ne parvient à expliquer qu’un certain nombre de nos intuitions et reste incompatible avec d’autres, notamment celles qui concernent la dimension modale des phrases contenant des noms propres vides. Je propose ici un traitement pragmatiste des noms propres vides fondé sur l’observation que la distinction Gricéenne entre ce qui est dit et ce qui est impliqué n’est pas exhaustive; je soutiens que cette solution échappe aux critiques d’Everett et de Reimer. (shrink)

This paper examines how people think about aiding others in a way that can inform both theory and practice. It uses data gathered from Kiva, an online, non-profit organization that allows individuals to aid other individuals around the world, to isolate intuitions that people find broadly compelling. The central result of the paper is that people seem to give more priority to aiding those in greater need, at least below some threshold. That is, the data strongly suggest incorporating both a (...) threshold and a prioritarian principle into the analysis of what principles for aid distribution people accept. This conclusion should be of broad interest to aid practitioners and policy makers. It may also provide important information for political philosophers interested in building, justifying, and criticizing theories about meeting needs using empirical evidence. (shrink)

In this paper I argue that Beall and Restall's claim that there is one true logic of metaphysical modality is incompatible with the formulation of logical pluralism that they give. I investigate various ways of reconciling their pluralism with this claim, but conclude that none of the options can be made to work.

What constitutes illocutionary silencing? This is the key question underlying much recent work on Catherine MacKinnon's claim that pornography silences women. In what follows I argue that the focus of the literature on the notion of audience `uptake' serves to mischaracterize the phenomena. I defend a broader interpretation of what it means for an illocutionary act to succeed, and show how this broader interpretation provides a better characterization of the kinds of silencing experienced by women.

In New Essays on Human Understanding, book II, chapter xxi Leibniz presents an interesting picture of the human mind as not only populated by perceptions, volitions and appetitions, but also by endeavours. The endeavours in question can be divided to entelechy and effort; Leibniz calls entelechy as primitive active forces and efforts as derivative forces. The entelechy, understood as primitive active force is to be equated with a substantial form, as Leibniz says: “When an entelechy – i.e. a primary or (...) substantial endeavour – is accompanied by perception, it is a soul” (NE II, xxi, §1; RB, 170). What about efforts, then? One is certainly the will. In NE, II, xxi, §5 Leibniz argues that volition is the effort (conatus) to move towards what one finds good and away from what one finds bad and that this endeavor arises from the perceptions we are aware of. As an endeavour results in action unless it is prevented, from will (which is always directed to the good) and power together follows action. However, this is not so simple. Leibniz argues that there is also a second class of efforts: “There are other efforts, arising from insensible perceptions, which we are not aware of; I prefer to call these ‘appetitions’ rather than volitions” (NE II, xxi, §5; RB, 173). Although there are appetitions of which one can be aware, usually these appetitions arise from the insensible petite perceptions and are consequently affecting us subconsciously. Now, although all minute perceptions are confused perceptions, they are always related to pleasure and displeasure and also to perfection and imperfection. From this follows that there can be different efforts present in the soul at the same time: the will which is directed to apperceived good and several separate appetitions which lead to different goals, both to those which bring about perfection and pleasure of the mind (joy) and those which bring about displeasure and imperfection (sorrow). These efforts are not only in conflict with each other but may also be in conflict with entelechy. A typical case is perceiving a sensual pleasure. Our entelechy which is always directed to final causes (perfection) may be in conflict with several different appetitions which are related in different ways to the sensual pleasure in question. If our understanding is developed enough, our will resists the temptation posed by the pleasure (agreeing with entelechy), but if the temptation is too strong, the appetitions outweigh the will and the resulting action bring about imperfection and sorrow as it is related to imperfection. In this paper I will argue that deliberation in the human soul is a battle of different endeavors described above: the entelechy in the soul strives according to its law-of-the-series towards its telos (perfection) and the will accompanies it by being automatically directed to the good. This thrust towards the apparent good is aided or hindered by the appetitions which can be thought as derivative forces in the Leibnizian dynamics. Depending on whether the predominant appetitions are related to good or bad desires, the deliberation succeeds or fails in achieving the real good which is the goal of human deliberation. The successs can be facilitated beforehand by developing our understanding so that we are less easily swept away by the derivative forces (NE II, xxi, §19). A central role in this task is played by strong willing. As Martha Bolton has noted in her recent paper, an essential feature of the basic, standing endeavors is that they are continuous – although the power balance in the soul changes from moment to moment, something lingers from our previous volitions. That is why Leibniz argues that we pave way for the future deliberations by our previous voluntary actions (NE II, xxi, §23). In contrast, the appetitions are temporary, fliegende Gedanken as Leibniz says in NE II, xxi, §12. Therefore there is a constant, always changing power balance between two kinds of endeavors in the soul: primitive active force versus derivative forces. I will argue that the behavior of the forces in the soul can be understood with a vectorial model which is related to Leibniz’s early ideas of calculus of variations and which was anticipated by Arnauld and Nicole’s Port-Royal Logic. The central idea in the model is that the options are in tension towards each other and the ratio between them at each moment determines the consequent outcome. The proper relationship between the endeavors is not a simple balance, two options which exhaust each other, but a case where different efforts complement each other: “Since the final result is determined by how things weigh against one another, I should think it could happen that he most pressing disquiet did not prevail; for even If it prevailed over each of the contrary endeavours taken singly, it may be outweighed by all of them together.” Leibniz continues : “Everything which then impinges on us weighs in the balance and contributes to determining a resultant direction, almost as in mechanics” (NE II, xxi, §40; RB, 193). The different endeavors can be understood as vectors leading to different directions and the end result is a certain direction that deliberation takes. The dynamical tension between the different endeavors presents a situation where everything affects everything and the following direction, the resulting volition follows more or less automatically. In Theodicy, §325 Leibniz describes the deliberation as follows: “One might, instead of the balance, compare the soul with a force that puts forth an effort on various sides simultaneously, but which acts only at the spot where action is easiest or there is least resistance” (Huggard, 322) This kind of dynamical tension can be understood in terms of the calculus of variations where there are several possible variations available but where the dynamics of the situation results in the decision taking the “easiest” route which is more or less objectively good depending on the level of the deliberator’s understanding. In his comments to Bayle’s note L of “Rorarius” Leibniz says: “The soul, even though it has no parts, has within it, because of the multitude of representations of external things, or rather because of the representation of the universe lodged within it by the creator, a great number, or rather an infinite number, of variations (Woolhouse & Francks (ed.), ‘New System’ and Associated Texts, 101). This kind of deliberation is comparable to God’s choice of the best world with the difference that God’s understanding is infinite which again results in the fact that the choice is the best possible. Whereas in nature the easiest route taken is always optimal as nature is God’s creation, in men the goodness or badness of men’s actions is dependent on their state of wisdom, that is, how developed their understanding is. The more wise men are, the more metaphysical goodness or perfection follows from their actions. (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)

Using placebos in day-to-day practice is an ethical problem. This paper summarises the available epidemiological evidence to support this difficult decision. Based on these data we propose to differentiate between placebo and “knowledge framing”. While the use of placebo should be confined to experimental settings in clinical trials, knowledge framing — which is only conceptually different from placebo — is a desired, expected and necessary component of any doctor-patient encounter. Examples from daily practice demonstrate both, the need to investigate the (...) effects of knowledge framing and its impact on ethical, medical, economical and legal decisions. (shrink)

Egalitarians must address two questions: i. What should there be an equality of, which concerns the currency of the ‘equalisandum’; and ii. How should this thing be allocated to achieve the so-called equal distribution? A plausible initial composite answer to these two questions is that resources should be allocated in accordance with choice, because this way the resulting distribution of the said equalisandum will ‘track responsibility’ — responsibility will be tracked in the sense that only we will be responsible for (...) the resources that are available to us, since our allocation of resources will be a consequence of our own choices. But the effects of actual choices should not be preserved until the prior effects of luck in constitution and circumstance are first eliminated. For instance, people can choose badly because their choice-making capacity was compromised due to a lack of intelligence (i.e. due to constitutional bad luck), or because only bad options were open to them (i.e. due to circumstantial bad luck), and under such conditions we are not responsible for our choices. So perhaps a better composite answer to our two questions (from the perspective of tracking responsibility) might be that resources should be allocated so as to reflect people’s choices, but only once those choices have been corrected for the distorting effects of constitutional and circumstantial luck, and on this account choice preservation and luck elimination are two complementary aims of the egalitarian ideal. Nevertheless, it is one thing to say that luck’s effects should be eliminated, but quite another to figure out just how much resource redistribution would be required to achieve this outcome, and so it was precisely for this purpose that in 1981 Ronald Dworkin developed the ingenuous hypothetical insurance market argumentative device (HIMAD), which he then used in conjunction with the talent slavery (TS) argument, to arrive at an estimate of the amount of redistribution that would be required to reduce the extent of luck’s effects. However recently Daniel Markovits has cast doubt over Dworkin’s estimates of the amount of redistribution that would be required, by pointing out flaws with his understanding of how the hypothetical insurance market would function. Nevertheless, Markovits patched it up and he used this patched-up version of Dworkin’s HIMAD together with his own version of the TS argument to reach his own conservative estimate of how much redistribution there ought to be in an egalitarian society. Notably though, on Markovits’ account once the HIMAD is patched-up and properly understood, the TS argument will also allegedly show that the two aims of egalitarianism are not necessarily complementary, but rather that they can actually compete with one another. According to his own ‘equal-agent’ egalitarian theory, the aim of choice preservation is more important than the aim of luck elimination, and so he alleges that when the latter aim comes into conflict with the former aim then the latter will need to be sacrificed to ensure that people are not subordinated to one another as agents. I believe that Markovits’ critique of Dworkin is spot on, but I also think that his own positive thesis — and hence his conclusion about how much redistribution there ought to be in an egalitarian society — is flawed. Hence, this paper will begin in Section I by explaining how Dworkin uses the HIMAD and his TS argument to estimate the amount of redistribution that there ought to be in an egalitarian society — this section will be largely expository in content. Markovits’ critique of Dworkin will then be outlined in Section II, as will be his own positive thesis. My critique of Markovits, and my own positive thesis, will then make a fleeting appearance in Section III. Finally, I will conclude by rejecting both Dworkin’s and Markovits’ estimates of the amount of redistribution that there ought to be in an egalitarian society, and by reaffirming the responsibility-tracking egalitarian claim that choice preservation and luck elimination are complementary and not competing egalitarian aims. (shrink)

In "Torts, Egalitarianism and Distributive Justice" , Tsachi Keren-Paz presents impressingly detailed analysis that bolsters the case in favour of incremental tort law reform. However, although this book's greatest strength is the depth of analysis offered, at the same time supporters of radical law reform proposals may interpret the complexity of the solution that is offered as conclusive proof that tort law can only take adequate account of egalitarian aims at an unacceptably high cost.

This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that tort (...) law’s compensatory decisions provide a legitimate norm against which no-fault’s decisions can be compared and criticized – doing so leads in a direction which is at odds with accident law reform advocates’ typical recommendations. On my account, accident law should not just be reformed in line with no-fault’s principles, but rather it should be completely abandoned since the principles that protect no- fault systems from the conservatives’ two allegations are incompatible with retaining the category of accident law, they entail that no-fault systems are a form of social welfare and not accident law systems, and that under these systems serious deprivation – and to a lesser extent causal responsibility – should be conditions of eligibility to claim benefits. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

Third-party property insurance (TPPI) protects insured drivers who accidentally damage an expensive car from the threat of financial ruin. Perhaps more importantly though, TPPI also protects the victims whose losses might otherwise go uncompensated. Ought responsible drivers therefore take out TPPI? This paper begins by enumerating some reasons for why a rational person might believe that they have a moral obligation to take out TPPI. It will be argued that if what is at stake in taking responsibility is the ability (...) to compensate our possible future victims for their losses, then it might initially seem that most people should be thankful for the availability of relatively inexpensive TPPI because without it they may not have sufficient funds to do the right thing and compensate their victims in the event of an accident. But is the ability to compensate one's victims really what is at stake in taking responsibility? The second part of this paper will critically examine the arguments for the above position, and it will argue that these arguments do not support the conclusion that injurers should compensate their victims for their losses, and hence that drivers need not take out TPPI in order to be responsible. Further still, even if these arguments did support the conclusion that injurers should compensate their victims for their losses, then (perhaps surprisingly) nobody should to be allowed to take out TPPI because doing so would frustrate justice. (shrink)

Was ist Natur oder was könnte sie sein? Diese und weitere Fragen sind grundlegend für Naturdenken und -handeln. Das Lehr- und Studienbuch bietet eine historisch-systematische und zugleich praxisbezogene Einführung in die Naturphilosophie mit ihren wichtigsten Begriffen. Es nimmt den pluralen Charakter der Wahrnehmung von Natur in den philosophischen Blick und ist auch zum Selbststudium bestens geeignet.

Kendall Walton argues that photographs, like mirrors and microscopes, meet sufficient conditions to be considered a kind of prosthesis for seeing. Well aware of the controversiality of this claim, he offers three criteria for perception met by photographs like other perceptual aids which makes them transparent –that is, we see through them.1(II) Jonathan Cohen and Aaron Meskin attempt to refute the transparency thesis by arguing that photographs cannot be genuine prostheses for seeing because they fail to meet another necessary condition, (...) namely that of egocentric spatial information (ESI). Only devices that belong to a process type that carries ESI are, in principle, genuine prostheses for seeing.2 (III) I will offer a two- part refutation of the proposed disqualification of photographs by 1) offering an example of a case where another instance of the process-type to which photographs belong carries ESI, establishing the reliability of the process type that allegedly precluded photographs from qualifying (IV) and 2) offering another example to illustrate how photographs can meet the ESI condition. (V) . (shrink)

Nicole Hassoun and Uriah Kriegel defend the position that infanticide is morally permissible because an infant a few days old does not have a self-concept and thus is not a person. I argue their position is flawed and cannot principally rule out the possible permissibility of slavery.