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.

BACKGROUND Patients with chronic pain face significant barriers in finding clinicians to manage long-term opioid therapy (LTOT). For patients on LTOT, it is increasingly common to have them sign opioid treatment agreements (OTAs). OTAs enumerate the risks of opioids, as informed consent documents would, but also the requirements that patients must meet to receive LTOT. While there has been an ongoing scholarly discussion about the practical and ethical implications of OTA use in the abstract, little is known about how clinicians (...) use them and if OTAs themselves modify clinician prescribing practices. OBJECTIVE To determine how clinicians use OTAs and the potential impacts of OTAs on opioid prescribing. DESIGN We conducted qualitative analysis of four focus groups of clinicians from a large Midwestern academic medical center. Groups were organized according to self-identified prescribing patterns: two groups for clinicians who identified as prescribers of LTOT, and two who did not. PARTICIPANTS 17 clinicians from General Internal Medicine, Family Medicine, and Palliative Care were recruited using purposive, convenience sampling. APPROACH Discussions were recorded, transcribed, and analyzed for themes using reflexive thematic analysis by a multidisciplinary team. KEY RESULTS Our analysis identified three main themes: (1) OTAs did not influence clinicians’ decisions whether to use LTOT generally but did shape clinical decision-making for individual patients; (2) clinicians feel OTAs intensify the power they have over patients, though this was not uniformly judged as harmful; (3) there is a potential misalignment between the intended purposes of OTAs and their implementation. CONCLUSION This study reveals a complicated relationship between OTAs and access to pain management. While OTAs seem not to impact the clinicians’ decisions about whether to use LTOT generally, they do sometimes influence prescribing decisions for individual patients. Clinicians shared complex views about OTAs’ purposes, which shows the need for more clarity about how OTAs could be used to promote shared decision-making, joint accountability, informed consent, and patient education. (shrink)

This thought piece dealing with the Covid-19 ‘crisis’ was written – in the form of a diary that runs from February to July 2020 – for a special issue of Derrida Today entitled ‘Fire, Flood, Pestilence and Protest’, edited by Nicole Anderson, and published in November 2020. The piece deals with matters of biopolitics, telecommunication, death and mourning through Derrida and Agamben, and interrogates the eventness of what is called an ‘event’.

The 14 essays collected in this volume explore the various aspects of Augustine’s philosophy and its medieval reception: by considering his education and the development of his thought as conveyed by a series of philosophical images and styles, the volume reconstructs the recurring motifs of his intellectual journey (the anti-Manichean polemic, his political vision, the role of reason, and the theory of war) and their fortune in authors such as Thomas Aquinas, Nicole Oresme, Gregory of Rimini, and Robert (...) Grosseteste. (shrink)

The goal of this short chapter, aimed at philosophers, is to provide an overview and brief explanation of some central concepts involved in predictive processing (PP). Even those who consider themselves experts on the topic may find it helpful to see how the central terms are used in this collection. To keep things simple, we will first informally define a set of features important to predictive processing, supplemented by some short explanations and an alphabetic glossary. -/- The features described here (...) are not shared in all PP accounts. Some may not be necessary for an individual model; others may be contested. Indeed, not even all authors of this collection will accept all of them. To make this transparent, we have encouraged contributors to indicate briefly which of the features are necessary to support the arguments they provide, and which (if any) are incompatible with their account. For the sake of clarity, we provide the complete list here, very roughly ordered by how central we take them to be for “Vanilla PP” (i.e., a formulation of predictive processing that will probably be accepted by most researchers working on this topic). More detailed explanations will be given below. Note that these features do not specify individually necessary and jointly sufficient conditions for the application of the concept of “predictive processing”. All we currently have is a semantic cluster, with perhaps some overlapping sets of jointly sufficient criteria. The framework is still developing, and it is difficult, maybe impossible, to provide theory-neutral explanations of all PP ideas without already introducing strong background assumptions. (shrink)

The terms `endurance' and `perdurance' are commonly thought to denote distinct ways for an object to persist, but it is surprisingly hard to say what these are. The common approach, defining them in terms of temporal parts, is mistaken, because it does not lead to two coherent philosophical alternatives: endurance so understood becomes conceptually incoherent, while perdurance becomes not just true but a conceptual truth. Instead, we propose a different way to articulate the distinction, in terms of identity rather than (...) temporal parts: an object endures if its identity is determined at every moment at which it exists. We make precise what it means for the identity of an object to be determined at a moment. We also discuss what role the endurance / perdurance distinction, so understood, should play in the debates about time, material objects and personal identity. (shrink)

Are demands for equality motivated by envy? Nietzsche, Freud, Hayek, and Nozick all thought so. Call this the Envy Objection. For egalitarians, the Envy Objection is meant to sting. Many egalitarians have tried to evade the Envy Objection.. But should egalitarians be worried about envy? In this paper, I argue that egalitarians should stop worrying and learn to love envy. I argue that the persistent unwillingness to embrace the Envy Objection is rooted in a common misunderstanding of the nature of (...) the charge, what it reveals, and what can be said in response to it. I develop what Bernard Williams might call a vindicatory genealogy of envy, thereby allowing us to see that envy, rather than undermining egalitarian intuitions, can in fact play a distinct justificatory role (when it is fitting), which undermines the Envy Objection. (shrink)

Products made from animal fur and skin have been a major part of human civilization. However, in modern society, the unsustainable consumption of these products – often considered luxury goods – has many negative environmental impacts. This study explores how people’s perceptions of biodiversity affect their attitudes and behaviors toward consumption. To investigate the information process deeper, we add the moderation of beliefs about biodiversity loss. Following the Bayesian Mindsponge Framework (BMF) analytics, we use mindsponge-based reasoning to construct conceptual models (...) and employ Bayesian analysis aided by Markov Chain Monte Carlo (MCMC) algorithms on a 535 Vietnamese urban residents dataset. The results show that people’s preference for using products made from animal skin/fur is negatively associated with the perceived consequences of biodiversity loss when they believe biodiversity loss is a major problem. In contrast, if urban residents believe biodiversity loss is unreal or not a significant issue, the association between perceived consequences of biodiversity loss and personal preference happens in the opposite direction. The same effects of biodiversity loss perception on people’s possession of skin/fur products were not found, indicating a more complex information process on behaviors compared to attitudes. Nevertheless, in the scenario that people believe biodiversity loss is not a significant issue, the higher the perceived consequences of biodiversity loss are the greater number of animal-based products they likely own. Our results suggest that policymakers should not neglect the factor of personal belief besides knowledge and awareness in environmental campaigns. (shrink)

Shamik Dasgupta (2016) proposes to tame the Principle of Sufficient Reason (PSR) to apply to only non-autonomous facts, which are facts that are apt for explanation. Call this strategy to tame the PSR the taming strategy. In a recent paper, Della Rocca (2020a) argues that proponents of the taming strategy, in attempting to formulate a restricted version of the PSR, nevertheless find themselves committed to endorsing a form of radical monism, which, in turn, leads right back to an untamed-PSR. Suppose, (...) for the sake of argument, that Della Rocca is right. My question is this: Is there reason to believe the principle of sufficient reason (in its untamed version)? In this paper, I argue that it is impossible for there to be a reason to believe the untamed-PSR. (shrink)

Comment on "The ethical 'elephant' in the death penalty 'room'". Arguments in defense of the death penalty typically fall into one of two groups. Consequentialist arguments point out beneficial aspects of capital punishment, normally focusing on deterrence, while non-consequentialist arguments seek to justify execution independently of its effects, for example, by appealing to the concept of retribution. Michael Keane's target article "The ethical 'elephant' in the death penalty 'room'" should, we believe, be read as an interesting new consequentialist defense of (...) physician involvement in capital punishment. (shrink)

In this paper, we examine the role of materiality in human cognition. We address issues such as the ways in which brain functions may change in response to interactions with material forms, the attributes of material forms that may cause change in brain functions, and the spans of time required for brain functions to reorganize when interacting with material forms. We then contrast thinking through materiality with thinking about it. We discuss these in terms of their evolutionary significance and history (...) as attested by stone tools and writing, material forms whose interaction endowed our lineage with conceptual thought and meta-awareness of conceptual domains. (shrink)

Are workers dominated? A recent suite of neo-republican and relational egalitarian philosophers think they are. Suppose they are right; that is, suppose that some workers are governed by an unjust and arbitrary power existing in labour relations, which persists even in the presence of the actual ability to exit. My question is this: does that give us reason to impose restrictions on firms? According to the so-called Efficiency Objection there are relevant trade-offs that need to be considered between the efficiency (...) of firms and the freedom of workers, and upon considering these trade-offs, we should reject workplace democracy. In this paper, I present a dilemma for the Efficiency Objection. I argue that either the Efficiency Objection is justified on moral grounds or non-moral grounds; if the Efficiency Objection is justified on moral grounds, then it fails because efficiency cannot be valued for its own sake (it is only instrumentally good); if the Efficiency Objection is justified on non-moral grounds, then it fails because of the respect that we owe to persons as persons; therefore, the Efficiency Objection fails. (shrink)

In a recent paper published in this journal, Hughes (2019) has argued that Machery’s (2017) Dogmatism Argument is self-defeating. Machery’s (2019) reply involves giving the Dogmatism Argument an inductive basis, rather than a philosophical basis. That is, he argues that the most plausible contenders in the epistemology of disagreement all support the Dogmatism Argument; and thus, it is likely that the Dogmatism Argument is true, which gives us reason to accept it. However, Machery’s inductive argument defines the leading views in (...) terms of their citation counts. But there is no necessary connection between citation counts and truth; it is a truism that many highly cited papers over the past century have turned out to contain false arguments. This inductive information should lead Machery to revise his argument; what Machery (2019) owes—but has failed to provide—is a positive argument for ruling out another plausible contender that Hughes (2019) raises. Without such an account, Machery’s inductive case for the Dogmatism Argument fails. (shrink)

A number of debates in philosophy of biology and psychology, as well as in their respective sciences, hinge on particular views about the relationship between genotypes and phenotypes. One such view is that the genotype-phenotype relationship is relatively straightforward, in the sense that a genome contains the ?genes for? the various traits that an organism exhibits. This leads to the assumption that if a particular set of traits is posited to be present in an organism, there must be a corresponding (...) number of genes in that organism's genome to account for those traits. This assumption underlies what can be called the ?counting argument,? in which empirical estimates of the number of genes in a genome are used to support or refute particular hypotheses in philosophical debates about biology and psychology. In this paper, we assess the counting argument as it is used in discussions of the alleged massive modularity of the brain, and conclude that this argument cannot be upheld in light of recent philosophical work on gene concepts and empirical work on genome complexity. In doing so, we illustrate that there are those on both sides of the debate about massive modularity who rely on an incorrect view of gene concepts and the nature of the genotype-phenotype relationship. (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 of 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. (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)

Introduction to a special issue of the journal entitled 'Gilbert Simondon: media and technics'.

This volume provides a broad overview of issues in the philosophy of behavioral biology, covering four main themes: genetic, developmental, evolutionary, and neurobiological explanations of behavior. It is both interdisciplinary and empirically informed in its approach, addressing philosophical issues that arise from recent scientific findings in biological research on human and non-human animal behavior. Accordingly, it includes papers by professional philosophers and philosophers of science, as well as practicing scientists. Much of the work in this volume builds on presentations given (...) at the international conference, “Biological Explanations of Behavior: Philosophical Perspectives”, held in 2008 at the Leibniz Universität Hannover in Germany. The volume is intended to be of interest to a broad range of audiences, which includes philosophers (e.g., philosophers of mind, philosophers of biology, and metaethicists), as well as practicing scientists, such as biologists or psychologists whose interests relate to biological explanations of behavior. (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.

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)

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)

This is a translation of Moses Mendelssohn's and Thomas Abbt's letters regarding the human vocation.

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.

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)

Protection rackets are used by criminal organizations to secure power, wherein “protection” is offered to individuals for threats coming from the criminal organization itself. In this paper, I put forth the concept of a moral racket as a type of structural racket wherein social dominants exploit moral reputation to perpetuate systems of domination. A moral racket occurs when individuals forcefully position themselves as moral saints for moral issues that either don’t exist, or do, but were created by the wrongful actions (...) of these individuals themselves. Considering three real-world cases of moral rackets of white saviorism within nonprofits, elite philanthropy, and anti-LGBTQ legislation, I show how they are particularly pernicious instruments of oppression. Moral rackets do this by performing several key ideological functions, including creating a perception of legitimacy of systems of domination, undermining moral knowledge, thwarting attention from true sources of social problems, and blocking off avenues of resistance. (shrink)

The work of Thomas White represents a systematic attempt to combine the best of the new science of the seventeenth century with the best of Aristotelian tradition. This attempt earned him the criticism of Hobbes and the praise of Leibniz, but today, most of his attempts to navigate between traditions remain to be explored in detail. This paper does so for his ontology of accidents. It argues that his criticism of accidents in the category of location as entities over (...) and above substances was likely aimed at Francisco Suárez, and shows how White’s worries about the analysis of location were linked with his broader cosmological views. White rejects real qualities, but holds that the quantity of a substance is somehow distinct from its bearer. This reveals a common ground with some of his scholastic interlocutors, but lays bare a deep disagreement with thinkers like Descartes on the nature of matter. (shrink)

In this paper, we locate a general rhetorical strategy employed in theoretical discourse wherein philosophers argue from the mere existence of internalized oppression to some kind of epistemic, moral, political, or cognitive deficiency of oppressed people. We argue that this strategy has harmful consequences for oppressed people, breaking down our analysis in terms of individual and structural harms within both epistemic and moral domains. These harms include attempting to undermine the self-trust of oppressed people, reinforcing unjust epistemic power hierarchies, undermining (...) the moral agency of oppressed people, and obscuring real issues of oppression. In light of these many harms, we conclude that there are pro tanto reasons not to employ this strategy, and instead offer a series of suggestions for those considering adopting such a rhetorical move. (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)

Malón (Arch Sexual Behav 44(4):1071–1083, 2015) kam zu dem Schluss, dass die üblichen Argumente gegen sexuelle Beziehungen zwischen Erwachsenen und Kindern vor der Pubertät nicht ausreichen, um deren moralische Zulässigkeit unter allen Umständen auszuschließen. Diese postulierte Lücke versuchte Malón (Sex Cult 21(1):247–269, 2017) mit Tugendethik zu füllen. Diesen Tugendethikansatz im zweiten von Malóns Fachartikeln fechtet der vorliegende Aufsatz an, indem er (1) die Ansicht in Frage stellt, dass Sex ein außergewöhnlicher Teilaspekt der Moral ist, der eines Tugendansatzes bedarf, (2) die (...) Ansicht in Frage stellt, dass die Tugendethik greift, wo andere Argumente gegen die Zulässigkeit von sexuellen Kind-Erwachsenen-Beziehungen scheitern, und (3) geltend macht, dass solche Beziehungen im Lichte eines anderen Tugendverständnisses tugendhaft erscheinen können. [This is a German translation of „Childhood ‘Innocence’ is Not Ideal: Virtue Ethics and Child–Adult Sex“, Sexuality & Culture (2018). DOI 10.1007/s12119-018-9519-1]. (shrink)

Author: Thomas Sören Hoffmann. Translated by Pedro Sepúlveda Zambrano.

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)

This study aims to investigate the relationship between job burnout and employee performance in the feed industry during the ASF outbreak. Further, the researchers employed a descriptive-correlational research design in order to analyze the acquired data and produce pertinent findings. Thus, the researchers gathered data from one hundred two (102) feed industry employees. The Maslach Burnout Inventory (MBI) and Individual Work Performance Questionnaire (IWPQ) were employed to ascertain the extent of job burnout experienced by the respondents and evaluate employee performance, (...) respectively. Based on the statistical analysis, there is a significant relationship between job burnout and employee performance. Moreover, the study's findings were thoroughly analyzed and discussed. (shrink)

Self-esteem can influence educational success, and educational success can also be influenced by self-esteem. Hence, high self-esteem has been recognized as a key predictor of academic success in students. Thus, this study investigates the relationship between self-esteem and anxiety of senior high school students. Employing descriptive-correlational design with 194 senior high school students enrolled in private schools during the school year 2021-2022. Based on the statistical analysis, there is a correlation between self-esteem and anxiety (r.=.125).

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)

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)

Is it possible for an individual that has gone out of being to come back into being again? The English Aristotelian, Thomas White, argued that it is not. Thomas Hobbes disagreed, and used the case of the Ship of Theseus to argue that individuals that have gone out of being may come back into being again. This paper provides the first systematic account of their arguments. It is doubtful that Hobbes has a consistent case against White. Still his (...) criticism may have prompted White to clarify his views on identity over time in his later work. (shrink)

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)

According to the so-called Classical Theory, concepts are mentally represented by individually necessary and jointly sufficient application conditions. One of the principal empirical objections against this view stems from evidence that people judge some instances of a concept to be more typical than others. In this paper we present and discuss four empirical studies that investigate the extent to which this ‘typicality effect’ holds for the concept of basic needs. Through multiple operationalizations of typicality, our studies yielded evidence for a (...) strong effect of this kind: Participants tended to recall the same core examples of the concept in a free-listing task. They judged some basic needs to be more typical than others. The items that were judged to be more typical were listed more frequently in the free-listing task. These items were listed earlier on in the free-listing task. Typical basic needs, as well as non needs, were classified faster than atypical basic needs in a reaction time study. These findings suggest that the concept of basic needs may have a non-classical structure. If so, the quest for a simple and robust intensional analysis of the concept may be futile. (shrink)

Linguistic expressions frequently make reference to the situation in which they are uttered. In fact, there are expressions whose whole point of use is to relate to their context of utterance. It is such expressions that this article is primarily about. However, rather than presenting the richness of pertinent phenomena (cf. Anderson & Keenan 1985), it concentrates on the theoretical tools provided by the (standard) two-dimensional analysis of context dependence, essentially originating with Kaplan (1989)--with a little help from Stalnaker (1978) (...) and Lewis (1979a, 1980), and various predecessors including Kamp (1971) and Vlach (1973). The current article overlaps in content with the account in Zimmermann (1991), which is however much broader (and at times deeper).. (shrink)

Post-Traumatic Stress Disorder is a mental health condition in which the experience of a traumatic event causes a series of psychiatric and behavioral symptoms such as hypervigilance, insomnia, irritability, aggression, constricted affect, and self-destructive behavior. This paper investigates two case studies to argue that the experience of PTSD is not restricted to humans alone; we have good epistemic reason to hold that some animals can experience genuine PTSD, given our current and best clinical understanding of the disorder in humans. I (...) will use this evidence to argue for two claims. First, because the causal structure of PTSD plausibly requires reference to a traumatic conscious experience in order to explain subsequent behaviors, the fact that animals can have PTSD provides new evidence for animal consciousness. Second, the discovery of PTSD in animals puts pressure on accounts which hold that animal behavior can be fully explained without reference to subjective experience. (shrink)

Plato's city-soul analogy underwrites his overarching argument in the Philebus. I sketch the main lines of the analogy, and then defend it against two prominent objections.

Being-at-home in a particular, determined, world is dangerous for thinking. For thinking to be thinking/becoming, one should not get too comfortable. For thinking is to not arrive back home, in the same place one begins. But how to escape the world that has created who you are, gave you purpose and a past? How to make sure the future is not a repetition of the Same? How to break away from something that you need? In this article, my aim is (...) not to give one more solution to this fundamental problem that is in essence an ethical problem. For providing a refuge, a new theory, a new methodology, would be providing a new island for those who realise that a flood is endangering their own island. My aim is to exercise the craft of exilic thinking as a way to deal with the contradiction already pointed out by Heraclitus and Parmenides – “We both step and do not step in the same rivers. We are and are not.” Exilic thinking as a craft of fragilising the self establishes a matrixial borderspace through which the impossible becomes possible. (shrink)

Recent global efforts of the United States and England to withdraw from international institutions, along with recent challenges to human rights courts from Poland and Hungary, have been described as part of a growing global populist backlash against the liberal international order. Several scholars have even identified the recent threat of mass withdrawal of African states from the International Criminal Court (ICC) as part of this global populist backlash. Are the African challenges to the ICC part of a global populist (...) movement developing in Africa? More fundamentally, how are the African challenges to the ICC examples of populism, if at all? In this paper, I show that, while there is considerable overlap between the strategies used by particular African leaders to challenge the ICC and those typically considered populist, as well as a discernible thin populist ideology to sustain them, there is insufficient evidence of a larger anti-ICC populist movement in Africa. Although Africa is not as united against the ICC as the populist narrative suggests, the recent challenges to the Court from Africa pose a significant challenge to the Court, as the institution is still in the early stages of building its legitimacy. (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)

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)

Typically, nudging is a technique for steering the choices of people without giving reasons or using enforcement. In benevolent cases, it is used when people are insufficiently responsive to reason. The nudger triggers automatic cognitive mechanisms – sometimes even biases – in smart ways in order to push irrational people in the right direction. Interestingly, this technique can also be applied to doxastic attitudes. Someone who is doxastically unresponsive to evidence can be nudged into forming true beliefs or doxastic attitudes (...) that are propositionally justified. When doxastic nudging uses non-rational mechanisms, the worry is that nudging cannot result in justified beliefs or knowledge, as the resulting doxastic attitudes lack the right kind of basis. In this paper, I will argue that given the right background views about knowledge, justified beliefs and the relevant processes, epistemic nudging is possible even in these cases. That is, all kinds of nudging can – in appropriate circumstances – produce justified beliefs or knowledge in the nudgee. (shrink)