This study examined the relationship between psychopathy and two components of empathy including a cognitive component (e.g., perspective-taking ability) and an affective component (e.g., compassion) in a community sample. The Psychopathic Personality Inventory Short Form was used to assess psychopathy and several psychological measures were used to test empathy including the Interpersonal Reactivity Index, the Diagnostic Analysis of Nonverbal Accuracy-2, and the Test of Self Conscious Affect -3. Across instruments, psychopathy (as a unitary construct) appeared to be negligibly correlated with (...) perspective-taking scales and negatively correlated with the affective components of empathy. Findings indicated that the emotional deficits were noted most prominently for the behavioral component of psychopathy. Results also showed that higher psychopathy scores in community participants were linked to higher levels of antisocial conduct. (shrink)

Mimesis and the portrayal of reflective life in action : Aristotle's Poetics and Sophocles' Oedipus the King -- The portrayal of reflective life in action in poetry : Shakespeare's dramatization of the poet in Sonnets 1-126 -- The portrayal of reflective life in action in music : Bach's Prelude and Fugue in B flat minor (The Well-Tempered Clavier, Book 1) and Beethoven's String Quartet in A minor, opus 132 -- The portrayal of reflective life in action in painting : discovery (...) of the inner life of sensory perception in watercolours by Turner and oil paintings by Cézanne. (shrink)

The primary intention of this book is to elucidate the relations between sensory perception and art as a form of knowledge. This enables us to understand how different kinds of art are given their meaning not only from observation, resemblance and reason but also from an artist’s sensitivity to the inner form of sensory experience as it is realized in perception, reflection, memory and imagination. By assuming a number of different points of view, Part 1 shows how the physical object (...) and the act of sensory perception are logically interdependent, and I give my elaboration of this argument two kinds of emphasis. In the first place, it opposes all arguments that support a merging of the mental and physical, as in idealism, materialism, neutral monism and panpsychism. A conceptual distinction is observed because sensory perception gives the physical object its identity. This idea also implies that the physical object is only realized by sentient life - self-aware inner life and a world become possible simultaneously. The second emphasis concerns the mind-body problem, and towards the end of Part 1 I offer an argument which places this problem in a certain light by representing the brain not as a physical counterpart to inner experience but as essentially instrumental to perception and self-awareness, and related experience. The argument in Part 2 is distinguished by a sense of continuity between the nature of sensory perception and the formal resources of artists in both physical and literary media. Hence, in a discussion of Titian’s Assumption of the Virgin, I indicate ways in which the painter conveys the inner experience and character of the figures in the painting by means of compositional design, light and colour, and thereby uses these and other sensuous resources to portray human life and experience. This is followed by a discussion of two sonnets by Shakespeare, in which the same general aim is pursued by using the literary resources of figurative language. Finally, a discussion of Hamlet shows how, in this work, the augmentation of figurative language by dramatic form strengthens the view that art can provide a form of knowledge that is based as completely upon intuition about our sensory experience as it is upon reason and observation. Just as my (true) perception of a cup as a vessel for drinking tea or coffee arises immediately from past experience, so the dramatist can see immediately from his or her past experience how a character might perceive things and behave. -/- . (shrink)

Historically, Nelson Goodman’s paradox involving the predicates ‘grue’ and ‘bleen’ has been taken to furnish a serious blow to Carl Hempel’s theory of confirmation in particular and to purely formal theories of confirmation in general. In this paper, I argue that Goodman’s paradox is no more serious of a threat to Hempel’s theory of confirmation than is Hempel’s own paradox of the ravens. I proceed by developing a suggestion from R. D. Rosenkrantz into an argument for the conclusion that (...) these paradoxes are, in fact, equivalent. My argument, if successful, is of both historical and philosophical interest. Goodman himself maintained that Hempel’s theory of confirmation was capable of handling the paradox of the ravens. And Hempel eventually conceded that Goodman’s paradox showed that there could be no adequate, purely syntactical theory of confirmation. The conclusion of my argument entails, by contrast, that Hempel’s theory of confirmation is incapable of handling Goodman’s paradox if and only if it is incapable of handling the paradox of the ravens. It also entails that for any adequate solution to one of these paradoxes, there is a corresponding and equally adequate solution to the other. (shrink)

A partir do século XIX, a teoria democrática foi desenvolvida com base no confronto entre duas doutrinas políticas: o liberalismo e o socialismo. O liberalismo é um projeto que defende as limitações dos poderes governamentais, buscando a proteção dos direitos econômicos, políticos, religiosos e intelectuais dos membros da sociedade. Ou seja, para os liberais o poder do Estado deve ser limitado, pois eles acreditam que a verdadeira liberdade depende da menor interferência possível do Estado e das leis nesses direitos. A (...) defesa do liberalismo tem como principal representante Benjamin Constant. Membro da Assembleia Nacional Francesa, escreveu a obra A liberdade dos antigos comparada com a dos modernos, na qual afirma que a liberdade dos modernos, que deve ser promovida e desenvolvida, é a liberdade individual na relação com o Estado (ou seja, as liberdades civis e políticas), enquanto a liberdade dos antigos, que se tornou impraticável, é a liberdade de participação direta na formação das leis.1 Outros autores como, como o francês Alexis de Tocqueville2 e o inglês John Stuart Mill3 , defenderam a ideia de que a única estrutura democrática compatível com o Estado liberal seria a democracia representativa. Uma passagem interessante para o nosso debate sobre a democracia é o princípio do dano, de Stuart Mill. Por esse princípio, cada indivíduo tem o direito de agir como quiser desde que suas ações não prejudiquem outras pessoas. Se a ação afeta diretamente apenas a pessoa que a está realizando, a sociedade em tese não tem o direito de intervir, mesmo que o indivíduo esteja prejudicando a si próprio. Contudo, se os indivíduos fizerem algo ruim para si mesmos ou para sua propriedade podem indiretamente prejudicar a coletividade, já que ninguém vive isolado, devendo por isso ser impedidos de fazê-lo. Stuart Mill isenta desse princípio aqueles que são incapazes de se governar. Em síntese, todo o processo de democratização, como se deu nos Estados liberais democráticos, consiste numa transformação mais quantitativa do que qualitativa do regime representativo. Ou seja, o avanço da democracia nesses regimes ocorre em duas direções: no alargamento gradual do direito do voto e na multiplicação dos órgãos representativos. Para a doutrina socialista, o sufrágio universal é apenas o ponto inicial do processo de democratização do Estado, enquanto para o liberalismo é o ponto de chegada. Alguns dos principais teóricos do socialismo, como Antonio Gramsci4 e Rosa Luxemburgo5 , afirmam que o aprofundamento do processo de democratização na perspectiva das doutrinas socialistas ocorre de dois modos: por meio da crítica à democracia representativa (e da retomada de alguns temas da democracia direta) e pela ampliação da da participação popular e do controle do poder por meio dos chamados “conselhos operários”. Em outras palavras, a diferença crucial entre a democracia dos conselhos e a democracia parlamentar é que a primeira reconhece ter havido um deslocamento dos centros de poder dos órgãos tradicionais do Estado para a grande empresa, na sociedade capitalista. Por isso, o controle que o cidadão pode exercer por meio dos canais tradicionais da democracia política não é suficiente para impedir os abusos de poder. Logo, o controle deve acontecer nos próprios lugares de produção, e seu protagonista é o trabalhador real, não o cidadão abstrato da democracia formal. Mais recentemente, na metade do século XX, surgiu a corrente pluralista. Os pluralistas, em particular Robert Dahl6 , cientista político estadunidense, não procuravam estabelecer uma definição abstrata e teórica acerca da democracia, mas, por meio da observação das experiências de sistemas políticos, estipularam alguns requisitos mínimos: funcionários eleitos, eleições livres justas e frequentes, liberdade de expressão, fontes de informação diversificadas, autonomia para associações e cidadania inclusiva. Com base nesses critérios são caracterizadas quatro estruturas de governo: hegemonias fechadas, que são regimes em que não há disputa de poder e a participação política é limitada; hegemonias inclusivas, regimes em que não há disputa de poder, mas ocorre participação política; oligarquias competitivas, regimes nos quais há disputa de poder, mas com limitada participação política; e poliarquias, regimes em que não há disputa de poder e participação política ampliada. Joseph Schumpeter (1883-1950), economista austríaco, criticou as teorias clássicas de democracia, especialmente na relação estabelecida entre a democracia e a soberania popular7 . Para o autor, a definição clássica de democracia supõe duas ficções incapazes de resistir a uma análise realista: a existência do bem comum e a universalidade da racionalidade dos indivíduos. Para Schumpeter, a unidade da vontade geral, que constituiria o bem comum, e a racionalidade dos indivíduos seriam mitos, porque, para ele, esses elementos se tornaram irracionais por não conseguirem definir coerentemente suas preferências diante da influência da propaganda e de outros métodos de persuasão. Dessa forma, Schumpeter rompe com a ideia de democracia como soberania popular para propô-la como método, um tipo de arranjo institucional (de governos) para alcançar decisões políticas. Assim, sugere a superação do impedimento provocado pela irracionalidade das massas, reduzindo sua participação na política ao ato da produção de governos (ato de votar). As atribuições político-administrativas ficariam a cargo das elites eleitas. Essa é uma postura polêmica, na medida em que propõe uma redução da participação popular. Contrário a essa visão, o cientista político canadense C. B. Macpherson8 , sustenta que a liberdade e o desenvolvimento individual só podem ser alcançados plenamente com a participação direta e contínua dos cidadãos na regulação da sociedade e do Estado. Macpherson defende uma transformação estruturada em um sistema que combine partidos competitivos e organizações de democracia direta, que criam uma base real para a existência da democracia participativa. Mas, para que esse modelo pudesse se desenvolver, seria necessário que os partidos políticos se democratizassem, com princípios e procedimentos de democracia direta, complementada e controlada por organizações geridas por pessoas comuns, em seus locais de trabalho e nas comunidades locais. Na teoria das elites, o poder político pertence ao restrito círculo de pessoas que toma e impõem decisões a todos os membros que tenha de recorrer, como ação radical, à força. Ainda na doutrina liberal, mas opondo-se ao pluralismo, existem os elitistas, que utilizam o termo “elite” como referência a grupos sociais superiores de vários tipos. O termo seria empregado no pensamento social e político somente no final do século XIX. Essas teorias sociológicas, propostas pelos pensadores Vilfredo Pareto (1848-1923), sociólogo e economista francês; Gaetano Mosca (1858-1941), cientista político italiano, e Robert Michels (1876-1936), sociólogo alemão radicado na Itália, defendem que em toda sociedade existe apenas uma minoria, que, por diversos motivos, vem a se tornar detentora do poder. Pareto afirmava que existe uma “circulação das elites”, ou seja, uma minoria de pessoas que se alternam no poder. Mosca justifica o poder das elites governamentais pelo fato de serem uma minoria articulada e organizada, enquanto os governos seriam uma classe numerosa, mas dividida e desorganizada. Ao estudar as formações partidárias, Michels destacou como a própria estrutura das organizações favorecia o surgimento das elites e sua longa permanência no poder. Nas palavras de Michels, essa estabilidade das elites no poder é a “lei de ferro das oligarquias”. Ao longo dos últimos séculos foram construídas diversas interpretações e teorias acerca dos objetivos e conteúdos da democracia. Na prática, a democracia pode ser um modelo de governo que amplia as capacidades de desenvolvimento social, político e econômico, com base em princípios de igualdade e cidadania, ou se tornar uma simples “regra” para formar governos que não priorizem necessariamente o atendimento das demandas sociais. REFERÊNCIAS BIBLIOGRÁFICAS CONSTANT, B. A liberdade dos antigos comparada à dos modernos. 1. ed. São Paulo: Atlas, 2015. DAHL, R. Poliarquia: participação e oposição. São Paulo: Edusp, 1987. ________. Um prefácio à teoria democrática. Rio de Janeiro: Jorge Zahar, 1989. LUXEMBURGO, R. Têxteis. Paris: Editions Socieles, 1982. MACPHERSON, C. B. A teoria política do individualismo possessivo, de Hobbes e Locke. Tradução de Nelson Dantas. Rio de Janeiro: Paz e Terra, 1979. MICHELS, R. Sociologia dos partidos políticos. Brasília: Ed. da UnB, 1982. MILL, J. S. Sobre a liberdade. Petrópolis: Vozes, 1991. SCHUMPETER, J. A. Capitalismo, socialismo e democracia. Rio de Janeiro: Jorge Zahar, 1984. SILVA, A. et. al. Sociologia em movimento. 2. ed. São Paulo: Moderna, 2016. TOCQUEVILLE, A. A democracia na América: leis e costumes. São Paulo: Martins Fontes, 1998. -/- . (shrink)

O exame ultrassonográfico é uma ferramenta diagnóstica de grande relevância na rotina veterinária, uma vez que, apresenta ampla difusão entre os atendimentos de animais e permite a avaliação de órgãos e estruturas de forma não invasiva, segura e rápida, auxiliando na determinação de diversas afecções, levando ao tratamento adequado e contribuindo de forma positiva no prognóstico do paciente. Atualmente, em muitos casos, a avaliação testicular não faz parte da rotina ultrassonográfica em exames de ênfase abdominal, devido à sua localização anatômica (...) no escroto, podendo assim levar ao diagnóstico limitado e ao tratamento inadequado do paciente quando na ausência da avaliação dos testículos, posto que diversas são as afecções testiculares que podem acometer cães e que apresentam características ultrassonográficas de fácil detecção. Dentre as principais alterações observadas por meio da ultrassonografia, os casos de orquite, criptorquidismo, torção e também neoformações neoplásicas testiculares correspondem à maior casuística, sendo o método ultrassonográfico um exame com 98% a 100% de sensibilidade e acurácia para diagnóstico destas. Dessa forma, o objetivo deste artigo de revisão bibliográfica é elucidar a importância da avaliação testicular em exames ultrassonográficos de rotina, discorrendo inicialmente sobre os aspectos anatômicos e ultrassonográficos, e posteriormente acerca das afecções mais comumente diagnosticadas na rotina veterinária, apresentando ainda as alterações ultrassonográficas causadas no parênquima testicular. PALAVRAS-CHAVE: Cães. Diagnóstico. Neoplasias testiculares. Ultrassonografia. -/- THE IMPORTANCE OF INCLUDING TESTICULAR ASSESSMENT IN THE TWO-DIMENSIONAL ABDOMINAL ULTRASOUND ROUTINE IN DOGS FOR THE DIAGNOSIS OF TESTICULAR DISEASES ABSTRACT: The ultrasound examination is a diagnostic tool of great relevance in the veterinary routine, as it is widespread in the current reality and allows the assessment of organs and structures in a non-invasive, safe and fast way, helping in the diagnosis of various conditions, leading to adequate treatment and positively contributing to the patient’s prognosis. Currently, in many cases, testicular evaluation is not part of the ultrasound evaluation in exams with abdominal emphasis, due to its anatomical location in the scrotum, which can lead to limited diagnosis and inadequate treatment of the patient in the absence of ultrasound evaluation of the testicles, since there are several testicular affections that can affect dogs and that present ultrasonographic characteristics that are easily detected. Among the main alterations observed during ultrasonographic exams, cases of orchitis, cryptorchidism, torsion and also testicular neoplastic neoformations correspond to the largest sample, with the ultrasonographic method being an exam with 98% to 100% sensitivity and accuracy for their diagnosis. Thus, the aim of this literature review article is to elucidate the importance of testicular evaluation in routine ultrasound examinations, initially discussing the anatomical and ultrasound aspects, and later on the most commonly diagnosed conditions in the veterinary routine, also presenting the ultrasound changes caused in the testicular parenchyma. KEYWORDS: Dogs. Diagnosis. Testicular neoplasm. Ultrasound. -/- REFERÊNCIAS AMANN, R.P. Functional Anatomy of the Adult Male. In: MCKINNON, A. O.; SQUIRES, E.L.; WENDY, E.V.; VARNER, D.D. Equine Reproduction. 2nd edition. Oxford: Wiley-Blackwell, 2011. Cap. 95, p. 867 – 880 ARGENTA, F.F.; PEREIRA, P.R.; CAPRIOLI, R.A.; VIELMO, A.; SONNE, F.; PAVARANI, S.P.; DRIEMEIER, D. Neoplasmas testiculares em cães no Rio Grande do Sul, Brasil. Acta Scientiae Veterinariae, v.44, n.1413, p.1-6, 2016. DA SILVA, E.I.C. Anatomia e Fisiologia do Sistema Reprodutivo dos Animais Domésticos. Instituto Federal de Pernambuco. Departamento de Reprodução Animal. 2020. DAVIDSON, A. P; BAKER, T. W. Reproductive ultrasound of the dog and tom. Topics in companion animal medicine, v.24, n.2, p.64-70, 2009. DOMINGOS, T. C. S.; SALOMÃO, M. C. Meios de diagnóstico das principais afecções testiculares em cães: revisão de literatura. Revista Brasileira de Reprodução Animal, Belo Horizonte, v.35, n.4, p.393-399, out./dez. 2011. FELDMAN, E. C.; NELSON, R. W. Disorders of the Testes and Epidymides. In FELDMAN, E. C.; NELSON, R. W. (Eds.), Canine and Feline Endocrinology and Reproduction. 3 ed., St. Louis Missouri: WB Saunders Co. 2004. p. 961 – 977. FONSECA, C.V.C.V. Prevalência e tipos de alterações testiculares em canídeos. Dissertação de Mestrado Integrado em Medicina Veterinária. Universidade Técnica de Lisboa, Faculdade de Medicina Veterinária. Lisboa, 2009. HECHT, S. Trato Reprodutivo Masculino. In: PENNICK, D.; D’ANJOU, M.A. Atlas de Ultrassonografia de pequenos animais. Rio de Janeiro: Guanabara Koogan, 2011. p.415-438. (shrink)

To most of us – believers and non-believers alike – the possibility of a perfect God co-existing with the kinds of evil that we see calls out for explanation. It is unsurprising, therefore, that the belief that God must have justifying reasons for allowing all the evil that we see has been a perennial feature of theistic thought. Recently, however, a growing number of authors have argued that the existence of a perfect God is compatible with the existence of gratuitous (...) evil. Given powerful, millenia-long sensibilities about power and love and justice, it isn’t hard to find that suggestion simply incredible. Nonetheless, in this paper I will argue that the most prominent theistic alternatives to what has seemed incredible to most of us throughout most of history are themselves patently unacceptable for the theist as well. On any of the most widely accepted accounts of how God could have justifying reasons for permitting some evils, God’s existence means that we have justifying reasons for perpetrating and allowing every evil that we see. That's hard to swallow too. If I’m right about all of this, then two competing outcomes seem to present themselves as a possible result. On the one hand, for the theist, the apparently outrageous suggestion that the existence of a perfect God is compatible with gratuitous evil no longer looks like it faces a formidable, hard-to-resist alternative. On the other hand, some like me might think that my arguments go no distance at all towards dispelling the incredibility of the gratuitous evil nouvelle vague. On this line, theism may seem now to be between the rock and the hard place: it seems hard to make sense of the existence of a perfect God whether or not He has justifying reasons for allowing all the evil that we see. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall (...) spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

Philosophers of experiment have acknowledged that experiments are often more than mere hypothesis-tests, once thought to be an experiment's exclusive calling. Drawing on examples from contemporary biology, I make an additional amendment to our understanding of experiment by examining the way that `wide' instrumentation can, for reasons of efficiency, lead scientists away from traditional hypothesis-directed methods of experimentation and towards exploratory methods.

Unfortunately, many people today see the regulation of lies, disinformation, hate speech, and fake news as an infringement of free speech, at least when such speech is ‘political,’ despite the damage that such speech can do. But this very protective attitude toward speech rests on a mistaken understanding of the role of free speech in a liberal society. The right to free speech is based on the liberal value of freedom, and as such can be no broader than freedom itself. (...) And freedom has always been subject to reasonable limits in a liberal society. Indeed, while the principles of toleration and neutrality are often cited as supporting a broad interpretation of the right to free speech, they also tell us that certain limits apply to that right. We need not tolerate speech that encourages intolerance, and while government should be neutral between reasonable conceptions of the good, it need not be neutral between reasonable and unreasonable conceptions. These ideas form the framework of liberal society, and as I shall show, also provide a guide for understanding what kind of speech is protected in a liberal society and what it is not. (shrink)

My first paper on the Is/Ought issue. The young Arthur Prior endorsed the Autonomy of Ethics, in the form of Hume’s No-Ought-From-Is (NOFI) but the later Prior developed a seemingly devastating counter-argument. I defend Prior's earlier logical thesis (albeit in a modified form) against his later self. However it is important to distinguish between three versions of the Autonomy of Ethics: Ontological, Semantic and Ontological. Ontological Autonomy is the thesis that moral judgments, to be true, must answer to a realm (...) of sui generis non-natural PROPERTIES. Semantic autonomy insists on a realm of sui generis non-natural PREDICATES which do not mean the same as any natural counterparts. Logical Autonomy maintains that moral conclusions cannot be derived from non-moral premises.-moral premises with the aid of logic alone. Logical Autonomy does not entail Semantic Autonomy and Semantic Autonomy does not entail Ontological Autonomy. But, given some plausible assumptions Ontological Autonomy entails Semantic Autonomy and given the conservativeness of logic – the idea that in a valid argument you don’t get out what you haven’t put in – Semantic Autonomy entails Logical Autonomy. So if Logical Autonomy is false – as Prior appears to prove – then Semantic and Ontological Autonomy would appear to be false too! I develop a version of Logical Autonomy (or NOFI) and vindicate it against Prior’s counterexamples, which are also counterexamples to the conservativeness of logic as traditionally conceived. The key concept here is an idea derived in part from Quine - that of INFERENCE-RELATIVE VACUITY. I prove that you cannot derive conclusions in which the moral terms appear non-vacuously from premises from which they are absent. But this is because you cannot derive conclusions in which ANY (non-logical) terms appear non-vacuously from premises from which they are absent Thus NOFI or Logical Autonomy comes out as an instance of the conservativeness of logic. This means that the reverse entailment that I have suggested turns out to be a mistake. The falsehood of Logical Autonomy would not entail either the falsehood Semantic Autonomy or the falsehood of Ontological Autonomy, since Semantic Autonomy only entails Logical Autonomy with the aid of the conservativeness of logic of which Logical Autonomy is simply an instance. Thus NOFI or Logical Autonomy is vindicated, but it turns out to be a less world-shattering thesis than some have supposed. It provides no support for either non-cognitivism or non-naturalism. (shrink)

Philosophical discussions of species have focused on multicellular, sexual animals and have often neglected to consider unicellular organisms like bacteria. This article begins to fill this gap by considering what species concepts, if any, apply neatly to the bacterial world. First, I argue that the biological species concept cannot be applied to bacteria because of the variable rates of genetic transfer between populations, depending in part on which gene type is prioritized. Second, I present a critique of phylogenetic bacterial species, (...) arguing that phylogenetic bacterial classification requires a questionable metaphysical commitment to the existence of essential genes. I conclude by considering how microbiologists have dealt with these biological complexities by using more pragmatic and not exclusively evolutionary accounts of species. I argue that this pragmatism is not borne of laziness but rather of the substantial conceptual problems in classifying bacteria based on any evolutionary standard. (shrink)

A fiction may prescribe imagining that a pig can talk or tell the future. A fiction may prescribe imagining that torturing innocent persons is a good thing. We generally comply with imaginative prescriptions like the former, but not always with prescriptions like the latter: we imagine non-evaluative fictions without difficulty but sometimes resist imagining value-rich fictions. Thus arises the puzzle of imaginative resistance. Most analyses of the phenomenon focus on the content of the relevant imaginings. The present analysis focuses instead (...) on the character of certain kinds of imaginings, arguing that we resist in such cases given the rich evaluative character of the imaginings prescribed, and the agent-dependent constraints on imagining in such ways. (shrink)

For years now, unionization has been under vigorous attack. Membership has been steadily declining, and with it union bargaining power. As a result, unions may soon lose their ability to protect workers from economic and personal abuse, as well as their significance as a political force. In the Name of Liberty responds to this worrying state of affairs by presenting a new argument for unionization, one that derives an argument for universal unionization in both the private and public sector from (...) concepts of liberty that we already accept. In short, In the Name of Liberty reclaims the argument for liberty from the political right, and shows how liberty not only requires the unionization of every workplace as a matter of background justice, but also supports a wide variety of other progressive policies. (shrink)

Deontological evidentialism is the claim that we ought to form and maintain our beliefs in accordance with our evidence. In this paper, I criticize two arguments in its defense. I begin by discussing Berit Broogard’s use of the distinction between narrow-scope and wide-scope requirements against W.K. Clifford’s moral defense of. I then use this very distinction against a defense of inspired by Stephen Grimm’s more recent claims about the moral source of epistemic normativity. I use this distinction once again to (...) argue that Hilary Kornblith’s criticism of Richard Feldman’s defense of is incomplete. Finally, I argue that Feldman’s defense is insensitive to the relation between normative requirements and privileged values: values that have normative authority over us. (shrink)

This paper presents an attempt to integrate theories of causal processes—of the kind developed by Wesley Salmon and Phil Dowe—into a theory of causal models using Bayesian networks. We suggest that arcs in causal models must correspond to possible causal processes. Moreover, we suggest that when processes are rendered physically impossible by what occurs on distinct paths, the original model must be restricted by removing the relevant arc. These two techniques suffice to explain cases of late preëmption and other cases (...) that have proved problematic for causal models. (shrink)

In his celebrated 'Good and Evil' (l956) Professor Geach argues as against the non-naturalists that ‘good’ is attributive and that the predicative 'good', as used by Moore, is senseless.. 'Good' when properly used is attributive. 'There is no such thing as being just good or bad, [that is, no predicative 'good'] there is only being a good or bad so and so'. On the other hand, Geach insists, as against non-cognitivists, that good-judgments are entirely 'descriptive'. By a consideration of what (...) it is to be an A, we can determine what it is to be a good A, even where the ‘A’ in question is ‘human being’. These battles are fought on behalf of naturalism, indeed, of an up-to-date Aristotelianism. Geach plans to 'pass' from the 'purely descriptive' man to good/bad man, and from human act to good/bad human act. I argue: (l) That the predicative 'good' does have a genuine sense and that it is a mistake to suppose that ‘good’ is a purely attributive adjective. This does not entail that the predicative good (as used by Moore) denotes a non-natural property, but his mistake, if any is metaphysical or ontological not conceptual. (2) That the attributive 'good' cannot be used to generate a naturalistic ethic. It is difficult to extract a set of biologically based requirements out of human nature that are a) reasonably specific; b) rationally binding or at least highly persuasive; and c) morally credible. -/- On the way I protest against Geach’s tendency to try to win arguments by affecting not to understand things. -/- My views to some extent anticipate those of Kraut in *Against Absolute Goodness*. (shrink)

Exploitation and Economic Justice in the Liberal Capitalist State offers the first new, liberal theory of economic justice to appear in more than 30 years. The theory presented is designed to offer an alternative to the most popular liberal egalitarian theories of today and aims to be acceptable to both right and left libertarians too.

In Liberalism with Excellence, Matthew Kramer makes an argument for how excellence may enter in into liberalism, despite liberalism’s strong commitment to neutrality. Kramer seeks to challenge not only the uncompromising rejection of this position by liberals such a Jonathan Quong, but also the so-called “blended” approach of “soft-perfectionist” scholars such as Joseph Raz and George Sher. In this essay, I do not so much challenge Kramer’s approach as offer an alternative for accomplishing the same thing. Under my proposal, certain (...) forms of excellence and neutrality can both be accommodated as long as state support for the form of excellence at issue is proportional to the support for such a form of excellence within the relevant polity, competing forms of excellence are non-rivalrous, and no one is forced to embrace a form of excellence with which they disagree. My proposal is therefore not what Ronald Dworkin derogatively characterized as “a checkerboard solution.” Rather than allowing the state to support contrary moral positions at one and the same time, it is a solution that takes morally compatible but nevertheless competing conceptions of excellence seriously, and exhibits neutrality by giving them proportional rather than full support. This neither forces anyone to pursue the particular forms of excellence the state supports nor prevents them from pursuing some other form of excellence entirely or, if they wish, no form of excellence at all. (shrink)

Graduates' employability indicates the excellent education and relevant preparation they obtained from their respective degrees. Tracer studies have enabled higher education institutions to profile their graduates while also reflecting on the quality of education they provide. With the foregoing, a tracer study determined the demographic and academic profile of teacher education graduates from 2017 to 2020 in a state university in the West Philippines. It also ascertained the advanced studies they attended after college, their employment data, the relevance of college (...) preparation with their current employment, difficulties they encountered while securing employment and in their present job, and recommendations to strengthen the teacher education program. The study utilized a descriptive survey research design with 80 non-random samples chosen based on availability. The survey was based on the Philippine Commission on Higher Education with modifications elucidated from previous studies. Results showed that graduates took the teacher education program with a strong passion for the teaching profession. More graduates received honors and awards, passed the licensure examinations for teachers, attended advanced studies for professional development, and are employable. Besides, the graduates’ college preparation is relevant to their current employment. Further, difficulties and problems encountered and recommendations to strengthen the teacher education program were noted. These findings may serve as a baseline for curriculum review and give suggestions for future tracer studies. (shrink)

It is unknown to what extent medical researchers generalize study findings beyond their samples when their sample size, sample diversity, or knowledge of conditions that support external validity do not warrant it. It is also unknown to what extent medical researchers describe their results with precise quantifications or unquantified generalizations, i.e., generics, that can obscure variations between individuals. We therefore systematically reviewed all prospective studies (n = 533) published in the top four highest ranking medical journals, Lancet, New England Journal (...) of Medicine (NEJM), Journal of the American Medical Association (JAMA), and the British Medical Journal (BMJ), from January 2022 to May 2023. We additionally reviewed all NEJM Journal Watch clinical research summaries (n = 143) published during the same time. Of all research articles reporting prospective studies, 52.5% included generalizations beyond specific national study populations, with the numbers of articles with generics varying significantly between journals (JAMA = 12%; Lancet = 77%) (p < 0.001, V = 0.48). There was no evidence that articles containing broader generalizations or generics were correlated with larger or more nationally diverse samples. Moreover, only 10.2% of articles with generalizations beyond specific national populations reported external validity strengthening factors that could potentially support such extrapolations. There was no evidence that original research articles and NEJM Journal Watch summaries intended for practitioners differed in their use of broad generalizations, including generics. Finally, from the journal with the highest citation impact, articles containing broader conclusions were correlated with more citations. Since there was no evidence that studies with generalizations beyond specific national study populations or with generics were associated with larger, more nationally diverse samples, or with reports of population similarity that may permit extensions of conclusions, our findings suggest that the generalizations in many articles were insufficiently supported. Caution against overly broad generalizations in medical research is warranted. (shrink)

For a long time, economic growth has been seen as the most promising source of funds to use toward reducing economic inequality, as well as a necessity if we are aiming at achieving full employment. But one of the most troubling aspects of the recent exponential rise in economic inequality is that this rise has occurred despite continued economic growth. Increases in national income have gone almost exclusively to the super-rich, while real wages for almost everybody else have stagnated or (...) even declined. And while the unemployment rate dropped significantly before the coronavirus pandemic hit, good, permanent, high-wage jobs with benefits had by then often been replaced by temporary, part-time, low-wage jobs without benefits, leaving even the employed feeling economically insecure. And now, of course, unemployment is again skyrocketing, and it is unclear how long it might take to come down. As a result, we have now arrived at a point of reckoning: can we continue to believe that liberal capitalism is the most promising combination of economic and political ideologies for securing a prosperous and just future? If not, what might replace it? Is the problem capitalism, or is it liberalism? Are we up against economic forces that we cannot influence or control, or is it our political will and the liberal values we endorse that are being tested? This paper looks at all these questions, and suggests how we might think about the prospects for a liberal future. (shrink)

Deontological evidentialism is the claim that S ought to form or maintain S’s beliefs in accordance with S’s evidence. A promising argument for this view turns on the premise that consideration c is a normative reason for S to form or maintain a belief that p only if c is evidence that p is true. In this paper, I discuss the surprising relation between a recently influential argument for this key premise and the principle that ought implies can. I argue (...) that anyone who antecedently accepts or rejects this principle already has a reason to resist either this argument’s premises or its role in support of deontological evidentialism. (shrink)

Deontological internalism is the family of views where justification is a positive deontological appraisal of someone's epistemic agency: S is justified, that is, when S is blameless, praiseworthy, or responsible in believing that p. Brian Weatherson discusses very briefly how a plausible principle of ampliative transmission reveals a worry for versions of deontological internalism formulated in terms of epistemic blame. Weatherson denies, however, that similar principles reveal similar worries for other versions. I disagree. In this article, I argue that plausible (...) principles of ampliative transmission reveal a worry for deontological internalism in general. (shrink)

The alleged conflict between religion and science most pointedly focuses on what it is to be human. Western philosophical thought regarding this has progressed through three broad stages: mind/body dualism, Neo-Darwinism, and most recently strong artificial intelligence (AI). I trace these views with respect to their relation to Christian views of humans, suggesting that while the first two might be compatible with Christian thought, strong AI presents serious challenges to a Christian understanding of personhood, including our freedom to choose, moral (...) choice itself, self-consciousness, and the relevance of God to our beginning, being, and ending. (shrink)

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. (...) After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)

What I call the Doxastic Puzzle, is the impression that while each of these claims seems true, at least one of them must be false: (a) Claims of the form ‘S ought to have doxastic attitude D towards p at t’ are sometimes true at t, (b) If Φ-ing at t is not within S’s effective control at t, then it is false, at t, that ‘S ought to Φ at t’, (c) For all S, p, and t, having doxastic (...) attitude D towards p at t is not within S’s effective control at t. All three natural replies to the puzzle have been pursued. Some have claimed that doxastic attitudes like believing that p are, in fact, within our effective control, or sufficiently so. Others have claimed that doxastic ought-claims, strictly speaking, are always false. And some have denied that effective control is required for the adequacy of doxastic ought-claims in general. I here pursue and examine a different strategy. In the first part of this paper, I argue that these claims are not only each true but actually not in tension with each other in the first place. Instead of attempting to dispel the puzzle, this solution proposes to evade it instead: to solve it by properly understanding, and by thereby accepting without contradiction, all of its constitutive claims. In the second part of the paper, I argue that the evasive strategy forces us to re-think our understanding of the place of normative reasons in epistemology. More exactly, it seems to come at the cost of one central way of thinking about our reasons for having doxastic attitudes, one where such reasons are good-standing exemplars of normative reasons in general. The evasive strategy, that is, threatens to lead us very quickly to a deflationary picture of epistemic normativity: it rescues normative talk, but sacrifices normative substance. I conclude by explaining why I think this is more consequential than some have made it out to be, and by suggesting that these consequences are welcome nonetheless. (shrink)

I claim that Berkeley's main argument against abstraction comes into focus only when we see Descartes as one of its targets. Berkeley does not deploy Winkler's impossibility argument but instead argues that what is impossible is inconceivable. Since Descartes conceives of extension as a determinable, and since determinables cannot exist as such, he falls within the scope of Berkeley's argument.

This article motivates and develops a reductive account of the structure of certain physical quantities in terms of their mereology. That is, I argue that quantitative relations like "longer than" or "3.6-times the volume of" can be analyzed in terms of necessary constraints those quantities put on the mereological structure of their instances. The resulting account, I argue, is able to capture the intuition that these quantitative relations are intrinsic to the physical systems they’re called upon to describe and explain.

Within the Anglo-American world, economic liberalism is generally viewed as having only one progenitor—Adam Smith—and one offspring—neoliberalism. But it actually has two. The work of G. W. F. Hegel was also very influential on the development of economic liberalism, at least in the German-speaking world, and the most powerful contemporary instantiation of economic liberalism within that world is not neoliberlaism, but ordoliberalism, although this is generally unknown and certainly unacknowledged outside of Continental Europe. Accordingly, what I am going to be (...) doing in this piece is trying to bring ordoliberalism more directly into the light—I will argue that by comparing and contrasting the views of Smith and Hegel or at least between how Smith and Hegel tend to be currently (mis)understood, we can better understand both the roots and the nature of these two contemporary incarnations of economic liberalism, and the light this sheds, in turn, brings some interesting and important features of these two contemporary theories into view. From Smith, for example, neoliberals took the idea of the invisible hand, although I am going to argue that contemporary advocates of invisible hand theory have largely misconstrued or at the very least overstated the significance of this metaphor. From Hegel, in contrast, ordoliberals took the idea of the civil society, and I will argue that the civil society is a much better metaphor not only for Hegel's but also for Smith's views. Indeed, I will argue that ordoliberalism, not neoliberalism, is a better and more coherent instantiation of economic liberalism than neoliberalism could ever be. (shrink)

The claim that ordinary ethical discourse is typically true and that ethical facts are typically knowable seems in tension with the claim that ordinary ethical discourse is about features of reality friendly to a scientific worldview. Cornell Realism attempts to dispel this tension by claiming that ordinary ethical discourse is, in fact, discourse about the same kinds of things that scientific discourse is about: natural properties. We offer two novel arguments in reply. First, we identify a key assumption that we (...) find unlikely to be true. Second, we identify two features of typical natural properties that ethical properties lack. We conclude that Cornell Realism falls short of dispelling the tension between ethical conservativism and ethical naturalism. (shrink)

The case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a wider variety of (...) historical injustices, including, most importantly, the long-term economic oppression of women, and the historical exploitation of labor. Second, I am not going to base my argument on the principle of equality, as most people currently do, but on the principle of liberty, as it is understood by libertarians on both the right and the left, at least as long as they believe what they say they believe. Not because I think that egalitarian demands for reparations are wrong. Rather, my point is that the principle of liberty, which is often raised as a defense to claims based on the principle of equality, actually leads to exactly the same place. Finally, I will discuss one possible form of reparations that has largely been ignored, but which has a special connection to libertarian principles, and I will show how it can provide some real relief without provoking the opposition that society-wide redistributive remedies usually face. (shrink)

Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...) But not only would negligence be a sufficient legal and moral basis for imposing terms of imprisonment in these cases, mere causal responsibility would also be enough, for causal responsibility has embed in it all we need to find those causally responsible morally responsible too, and once some basis for moral responsibility is established, the imposition of terms of imprisonment is both legally permitted and morally just. (shrink)

Countermeasures for mpox (formerly known as monkeypox), primarily vaccines, have been in limited supply in many countries during outbreaks. Equitable allocation of scarce resources during public health emergencies is a complex challenge. Identifying the objectives and core values for the allocation of mpox countermeasures, using those values to provide guidance for priority groups and prioritisation tiers, and optimising allocation implementation are important. The fundamental values for the allocation of mpox countermeasures are: preventing death and illness; reducing the association between death (...) or illness and unjust disparities; prioritising those who prevent harm or mitigate disparities; recognising contributions to combating an outbreak; and treating similar individuals similarly. Ethically and equitably marshalling available countermeasures requires articulating these fundamental objectives, identifying priority tiers, and recognising trade-offs between prioritising the people at the highest risk of infection and the people at the highest risk of harm if infected. These five values can provide guidance on preferable priority categories for a more ethically sound response and suggest methods for optimising allocation of countermeasures for mpox and other diseases for which countermeasures are in short supply. Properly marshalling available countermeasures will be crucial for future effective and equitable national responses to outbreaks. (shrink)

The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...) general understanding of dutiful action that permits human rights to see to the tasks of an institutional morality. (shrink)

Some theorists believe that there is a plurality of values, and that in many circumstances these values are incommensurable, or at least incomparable. Others believe that all values are reducible to a single super-value, or that even if there is a plurality of irreducible values these values are commensurable. But I will argue that both sides have got it wrong. Values are neither commensurable nor incommensurable, at least not in the way most people think. We are free to believe in (...) incommensurability or not, depending on what particular conception of morality we want to embrace. Incommensurability is accordingly not a theory about value. It is a presupposition that provides a necessary background condition for a certain kind of value to exist. It is therefore not the kind of view that can be morally true or false. As a presupposition, it can only be accepted or rejected on grounds that do not presuppose that morality already exists. Incommensurability is, like the rejection of hard determinism, one of the presuppositions on which morality as we know it happens to be based. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...) international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

While the volume of material inspired by Rawls’s reinvigoration of the discipline back in 1971 has still not begun to subside, its significance has been in serious decline for quite some time. New and important work is appearing less and less frequently, while the scope of the work that is appearing is getting smaller and more internal and its practical applications more difficult to discern. The discipline has reached a point of intellectual stagnation, even as real-world events suggest that the (...) need for what political philosophy can provide could not be more critical. What follows then is a set of statements about how I believe that we, as political philosophers, should approach what we do. It contains my view as to what political philosophy should be about, how political philosophy should be done, and how courses in political philosophy should be taught, interlaced with commentary on the current state of the profession. (shrink)

Critiques John Martin Fischer's bootstrapping model of divine foreknowledge. Invited contribution to a special journal issue on John Martin Fischer's _Our Fate: Essays on God and Free Will_ (Oxford, 2016).

For years now, public education, and especially public higher education has been under attack. Funding has been drastically reduced, fees increased, and the seemingly irresistible political force of ever-tightening austerity budgets threatens to cut it even more. But I am not going to take the standard line that government financial support for public higher education should be increased. I view that battle as already lost. What I am going to propose is that we stop arguing about the allocation or reallocation (...) of ever more scarce public resources and think of another way to fund public higher education. It's time for a new approach, one that satisfies the left's claim that higher education should be affordable for all, yet one that does not involve increasing expenditure of public funds or commit the government to entitlement programs that it cannot now or at least cannot long afford. What we need is a new proposal that is acceptable to both sides if we are to bring public education into the twenty-first century. And this is what this paper is devoted to providing. (shrink)

This article engages critically and constructively with Dietrich Bonhoeffer’s biblical study ‘Temptation’ (1938). His study does not always do justice to the text of the New Testament or the theodicean and hamartiological issues pertaining to temptation. And his position that biblically temptation is not the testing of strength, but rather the loss of all strength and defenceless deliverance into Satan’s hands, is hard to defend. However, Bonhoeffer’s idea of Christ-reality undergirds his suggestion that all persons can find in Christ participation, (...) help, and grace in resisting temptation. Bonhoeffer’s most important insight, which requires some unpacking, is that ‘my temptation is nothing other than the temptation of Jesus Christ in me.’. (shrink)

Silence often plays a significant role in Christian experience and practice. However, the varieties of silence and the effects of silence for good and. bad merit examination. It is important to distinguish between physical, auditory, and metaphorical silence, and bet- ween experiencing silence as "quiet" and experiencing silence as keeping quiet . Silence can be an instrumental good as well as an expressive good, a concomitant good, or a constitutive good. Christian monks, theologians, and other thinkers sometimes identify experiences of (...) silence, for example, as light or dark, as spatially vast or enclosed, and as temporal or atemporal. Practices of silence can bring persons closer to God, though a kenotic spirituality; of silence and a stress on solitude create perils for some members of religious orders, such as Carthusians. The chief aim of this article is to show, with philosophical techniques, how silence .can be good in manifold ways and even, perhaps, an ideal. (shrink)

Hermeneutical injustices, according to Miranda Fricker, are injustices that occur “when a gap in collective interpretive resources puts someone at an unfair disadvantage when it comes to making sense of their social experiences” (Fricker 2007, 1). For Fricker, the relevant injustice in these cases is the very lack of knowledge and understanding experienced by the subject. In this way, hermeneutical injustices are instances of epistemic injustices, the kind of injustice that “wrongs someone in their capacity as a subject of knowledge” (...) (Fricker 2007, 5). In this paper, however, I identify different means by which our hermeneutic activities lead to social injustices, of both a practical and epistemic kind, and I identify different ways in which those injustices manifest themselves. Since Fricker’s use of the notion of “hermeneutical injustices” to denote a well-defined kind of injustice is rightfully well-established, I here refer to the more general kinds of injustices I have in mind as “hermeneutic injustices” instead. (shrink)

The author reviews the planned withdrawal of healthcare from the primary public hospital, Grady Memorial Hospital, of Atlanta, Georgia. Prior to passage of the Affordable Care Act of 2010, at least half of the patients had no public or private health insurance and their care was financially supported by State and County funding as well as supplementation from Emory University. New administration in the elected positions of the State and County and at the University reached agreement to decrease care. The (...) University President stated that the Hippocratic Oath was no longer valid for salaried physicians who must follow the direction of their business manager. The author, a tenured Professor, was forcibly transferred to the Veterans Hospital, which also was withholding standard medical care, including life-saving medications. Organizing multiple concerned organizations including members of the King Center, the Carter Center, the Open Door Community Center, Gay Rights, etc., (Grady Coalition) multiple public protests were successful in raising the necessary funds to continue adequate care at Grady and begin an investigation of the Veterans Affairs Hospital. (shrink)

Argues that divine timelessness is at best irrelevant and at worst counterproductive for addressing the problem of foreknowledge and future contingents.

I reply to criticisms of the divine command theory with an eye to noting the relation of ethics to an ontological ground. The criticisms include: the theory makes the standard of right and wrong arbitrary, it traps the defender of the theory in a vicious circle, it violates moral autonomy, it is a relic of our early deontological state of moral development. I then suggest how Henry Veatch's view of good as an ontological feature of the world provides a context (...) in which the divine command theory can be reasonably justified. (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l 990s, (...) the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)