Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s (...) whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

I argue that prioritarianism cannot be assessed in abstraction from an account of the measure of utility. Rather, the soundness of this view crucially depends on what counts as a greater, lesser, or equal increase in a person’s utility. In particular, prioritarianism cannot accommodate a normatively compelling measure of utility that is captured by the axioms of John von Neumann and Oskar Morgenstern’s expected utility theory. Nor can it accommodate a plausible and elegant generalization of this theory that has (...) been offered in response to challenges to von Neumann and Morgenstern. This is, I think, a theoretically interesting and unexpected source of difficulty for prioritarianism, which I explore in this article. (shrink)

In this paper, we examine how a research institution’s social structure and academic opinion leaders’ presence shaped the early adoption of a scientific innovation. Our case considers the early engagement of mathematical economists at the Cowles Commission with John von Neumann and Oskar Morgenstern’s Theory of Games and Economic Behavior. We argue that scholars with administrative leadership functions who were not only scientifically but also organizationally central – in our case the director of research Jacob Marschak – played a (...) crucial role in promoting the adoption of the Theory of Games. We support our argument with a scientometric analysis of all acknowledgments made in 488 papers published from 1944 to 1955 in the two main paper series at Cowles. We apply blockmodeling techniques to the acknowledgments network to reconstruct the formal and informal social structure at Cowles at the time. Our findings suggest that studies of the early adoption of scientific theories benefit from complementary perspectives on the role of academic leaders and scientists. Our study reveals the importance of formal and informal social structures and the agenda of administrative leaders in these structures to explain their adoption. (shrink)

In this essay, we consider the formal and ontological implications of one specific and intensely contested dialectical context from which Deleuze’s thinking about structural ideal genesis visibly arises. This is the formal/ontological dualism between the principles, ἀρχαί, of the One (ἕν) and the Indefinite/Unlimited Dyad (ἀόριστος δυάς), which is arguably the culminating achievement of the later Plato’s development of a mathematical dialectic.3 Following commentators including Lautman, Oskar Becker, and Kenneth M. Sayre, we argue that the duality of the One (...) and the Indefinite Dyad provides, in the later Plato, a unitary theoretical formalism accounting, by means of an iterated mixing without synthesis, for the structural origin and genesis of both supersensible Ideas and the sensible particulars which participate in them. As these commentators also argue, this duality furthermore provides a maximally general answer to the problem of temporal becoming that runs through Plato’s corpus: that of the relationship of the flux of sensory experiences to the fixity and order of what is thinkable in itself. Additionally, it provides a basis for understanding some of the famously puzzling claims about forms, numbers, and the principled genesis of both attributed to Plato by Aristotle in the Metaphysics, and plausibly underlies the late Plato’s deep considerations of the structural paradoxes of temporal change and becoming in the Parmenides, the Sophist, and the Philebus. After extracting this structure of duality and developing some of its formal, ontological, and metalogical features, we consider some of its specific implications for a thinking of time and ideality that follows Deleuze in a formally unitary genetic understanding of structural difference. These implications of Plato’s duality include not only those of the constitution of specific theoretical domains and problematics, but also implicate the reflexive problematic of the ideal determinants of the form of a unitary theory as such. We argue that the consequences of the underlying duality on the level of content are ultimately such as to raise, on the level of form, the broader reflexive problem of the basis for its own formal or meta-theoretical employment. We conclude by arguing for the decisive and substantive presence of a proper “Platonism” of the Idea in Deleuze, and weighing the potential for a substantive recuperation of Plato’s duality in the context of a dialectical affirmation of what Deleuze recognizes as the “only” ontological proposition that has ever been uttered. This is the proposition of the univocity of Being, whereby “being is said in the same sense, everywhere and always,” but is said (both problematically and decisively) of difference itself. (shrink)

A Confederacy of Dunces (Confederacy) by John Kennedy Toole portrays an interplay between competing definitions of humanism. The one school of humanism—called by some the Modernist Paradigm—saw the Italian Renaissance as the origin of nineteenth- and twentieth-century modernist views that celebrated science, technology, and individual human freedom. The other school, led by Paul Oskar Kristeller, sought to historicize humanism by establishing that Renaissance writers and thinkers were generally conservative and preserved the philosophical ideas of the medieval era. Kristeller was (...) the President of the Renaissance Society of America and was at the height of his influence at Columbia University during the late 1950s, when Toole studied for his Master’s degree there. The main character in Confederacy, Ignatius J. Reilly, presents a parody of Kristeller’s position, which he uses to critique modern society. Ignatius also plays the part of a child of the planetary god Saturn, both by acting out the ancient astrological tradition of associating Saturn with misfortune and disorder and by being a parody of the Renaissance concept of the Genius as a Child of Saturn begun by the Renaissance philosopher whom Kristeller studied most, Marsilio Ficino. Ignatius’s worldview is an antithesis of the Modernist Paradigm. Confederacy is critical of both Modernist humanism with its attendant materialism and its antithesis—Ignatius’s dysfunctional version of Kristeller’s Renaissance philosophy. When the community expels Ignatius as a scapegoat, Toole appears to gesture toward a dialectical synthesis of the two concepts of humanism in the novel’s happy ending. (shrink)

En este artículo hago una reconstrucción de la teoría de la justicia global del filósofo Thomas Pogge, basándome fundamentalmente en su artículo “Severe poverty as a violation of negative duties” [Pobreza severa como una violación de deberes negativos]. En la sección 1, expongo la concepción de la justicia sostenida por este autor, que él mismo caracteriza como “mínima”. En la sección 2, explico a qué se refiere Pogge con el deber negativo de no cooperar en la imposición de un orden (...) institucional injusto sin compensar. En la sección 3, explico cuáles son las dos formas de compensación en caso de cooperación. En la sección 4, hago algunas aclaraciones más acerca del deber de no contribuir con la injusticia, tomando como ejemplo el caso de Oskar Schindler. Finalmente, en la sección 5, pretendo responder a la crítica según la cual la concepción de la justicia global de Pogge exige demasiado de nosotros. (Este artículo constituye una versión previa del capítulo 7 de mi tesis doctoral, disponible en mi Perfil). (shrink)

Das Thema dieser Überlegungen ist die deutsche Philosophie und sind deutsche Philoso­phen im Nationalsozialismus. (Für unsere politisch korrekten Ohrenspitzer(innen): es war keine Frau dabei.)1 Vorweg sei gesagt, verbrecherische Schurken finden wir unter ihnen nicht, anders als bei z. B. Juristen und Medizinern. ,,Auschwitz" wurde nicht von Philoso­phen betrieben. Die Praxisferne der Philosophie hat manchmal eben auch Vorteile. Teil I beschäftigt sich mit Philosophie und Philosophen im „Dritten Reich" im allgemei­nen. Teil II stellt eine Fallstudie (Oskar Becker) vor, während der (...) dritte Teil ansatzweise eine noch skizzenhafte und vielleicht kontroverse Antwort auf die Frage versucht, welche philosophischen Umstände es begünstigt haben, daß Philosophen zu Naziphilosophen wurden, und welche dies vielleicht eher verhindert haben. (shrink)

The bi-polar confrontation between the Soviet Union and the USA involved many leading game theorists from both sides of the Iron Curtain: Oskar Morgenstern, John von Neumann, Michael Intriligator, John Nash, Thomas Schelling and Steven Brams from the United States and Nikolay Vorob’ev, Leon A. Petrosyan, Elena B. Yanovskaya and Olga N. Bondareva from the Soviet Union. The formalization of game theory took place prior to the Cold War but the geopolitical confrontation hastened and shaped its evolution. In our (...) article we outline four similarities and differences between Western GT and Soviet GT: 1) the Iron Curtain resulted in a lagged evolution of GT in the Soviet Union; 2) Soviet GT focused more on operations research and issues of centralized planning; 3) the contemporary Western view on Soviet GT was biased and Soviet contributions, including works on dynamic stability, non-emptiness of the core and many refinements, suggest that Soviet GT was able to catch up to the Western level relatively fast; 4) international conferences, including Vilnius, 1971, fostered interaction between Soviet game theorists and their Western colleagues. In general, we consider the Cold War to be a positive environment for GT in the West and in the Soviet Union. (shrink)

‘Judgment’ is Brentano’s terms for any mental state liable to be true or false. This includes not only the products of conceptual thought, such as belief, but also perceptual experiences, such as seeing that the window was left open. ‘Every perception counts as a judgment,’ writes Brentano (1874: II, 50/1973a: 209). Accordingly, his theory of judgment is not exactly a theory of the same phenomenon we call today ‘judgment,’ but of a larger class of phenomena one (perhaps the main) species (...) of which is what we call judgment. Even if we keep this in mind, though, the profound heterodoxy of Brentano’s theory of judgment is still striking. Brentano develops this heterodox theory in some detail already in the Psychology from Empirical Standpoint (Brentano 1874/1973a). But he continued to work out its details, and various aspects of it, until his death. Many of the relevant articles, notes, and fragments of relevance have been collected by Oskar Kraus in 1930 and published under the title Truth and Evidence (Brentano 1930/1966b). Kraus prefaces this volume with an elaborate reconstruction, of dubious plausibility, according to which Brentano’s accounts of judgment and truth have gone through four distinct stages. In reality, there is a unified underlying conviction underwriting Brentano’s work both on judgment and on truth (see CHAP. 20 on the latter). Here I present this unified core of this highly original theory of judgment, which can be captured in terms of three main theses. The first is that contrary to appearances, all judgments are existential judgments (§1). The second is that the existential force of judgment is indeed a force, or mode, or attitude – it does not come from the judgment’s content (§2). The third is that judgment is not a propositional attitude but an ‘objectual’ attitude (§3). (shrink)

DESCRIPTION—An essay showing Kafka's The Trial to be written as illustration of an important theory of natural that remains quite unknown all but a very few critics and commentators. CONTENTS 1. The charge against Joseph K. Ignorance of the natural sanction of law and custom a. Brentano's conception of natural law b. Natural law and human need in the Protagoras 2. Correct choice: Brentano's ethical theory a. The empirical origin of the concepts "good" and "better": analogous derivation of "true" b. (...) Evident and blind judgments; evident and blind emotions c. Virtue is unteachable: the point of K.'s Trial d. Guilt and definite acquittal are logically compatible 3. K.'s case on appeal: innocence can be acquired 4. K.'s delusion over guilt: the legend "Before the Law". (shrink)

Kafka's work provoked more than three decades of interpretations before Wagenbach provided information showing that Kafka was quite familiar with the work of Brentano and his Prague followers, including their unique conceptions of natural law, ethical concepts, and human acquaintance with them. Kafka took a lively interest in discussions in this Prague circle, and The Trial may without violence be read as a deliberate illustration for issues in philosophy of law as they would have been understood within this circle. This (...) does not require that it be read as a reflection of Kafka's personality, nor does it require that he accepted Brentano's views. Wagenbach demonstrated Kafka's familiarity with unique conceptions, in the work of Brentano and his Prague followers, of natural law and ethics. Issues involved in these conceptions are cogently illustrated in The Trial. K. is tried for violating a law which is no positive law but a necessary condition for all positive law since all positive laws imply that they ought to be obeyed. Brentano adamantly rejected all forms of nativism. The opposite of 'natural' in the phrase 'natural law' is not 'acquired' but 'conventional.' Acquaintance with natural norms is entirely acquired: persons having no such acquaintance can exist; K. is such a person. Natural norms, have a cognizable inherent correctness; any other norms oblige only through being authoritatively decreed. Conventional guilt or innocence is subject to influence. K.'s quest for a person to exert such influence on his behalf is evidence of his guilt. K. is unaware that absolute guilt is possible. In the Prometheus myth related by Plato's Protagoras, a sense of justice and right is necessary for politically organized society. Without insight into the natural sanction for correct positive laws, citizens cannot fulfill the duty rationally to choose positive laws: citizens will wrong one another, cities perish, humankind will be threatened. The myth gives important clues to the imagery of the parable "Before the Law." Every authentic act of willing requires that something be desired for its own sake. Since there is a plurality of intrinsic goods, authentic action requires recognizing the chosen action to be better than its alternatives. Acquaintance with good, evil, better, and worse is acquired, Brentano insisted, only by perceiving certain affects to be correct. Like judgments, affects are either blind or evident. Basic moral concepts arise like all others from perception. K. could become innocent by acquiring the lacking concepts. Then, actual acquittal would be just despite his guilt when arrested. His trial tests whether he is likely to experience intrinsically correct emotions. Guilt would be objective, independent of any finding by the Court. K.'s guilt entails his lacking any such concept of absolute guilt. He is convinced that guilt depends entirely on the Court, is altogether a matter of authority. This is K.'s delusion concerning his relation to the Court and the Law, the delusion illustrated by the legend, "Before the Law.". (shrink)