Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic across time. In (...) this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect. (shrink)

The alignment problem in the context of large language models must consider the plurality of human values in our world. Whilst there are many resonant and overlapping values amongst the world’s cultures, there are also many conflicting, yet equally valid, values. It is important to observe which cultural values a model exhibits, particularly when there is a value conflict between input prompts and generated outputs. We discuss how the co- creation of language and cultural value impacts large language models (LLMs). (...) We explore the constitution of the training data for GPT-3 and compare that to the world’s language and internet access demographics, as well as to reported statistical profiles of dominant values in some Nation-states. We stress tested GPT-3 with a range of value-rich texts representing several languages and nations; including some with values orthogonal to dominant US public opinion as reported by the World Values Survey. We observed when values embedded in the input text were mutated in the generated outputs and noted when these conflicting values were more aligned with reported dominant US values. Our discussion of these results uses a moral value pluralism (MVP) lens to better understand these value mutations. Finally, we provide recommendations for how our work may contribute to other current work in the field. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

Currently, there are many advocacy interventions aimed at reducing animal consumption. We report results from a lab (N = 267) and a field experiment (N = 208) exploring whether, and to what extent, some of those educational interventions are effective at shifting attitudes and behavior related to animal consumption. In the lab experiment, participants were randomly assigned to read a philosophical ethics paper, watch an animal advocacy video, read an advocacy pamphlet, or watch a control video. In the field experiment, (...) we measured the impact of college classes with animal ethics content versus college classes without animal ethics content. Using a pretest, post-test matched control group design, humane educational interventions generally made people more knowledgeable about animals used as food and reduced justifications and speciesist attitudes supporting animal consumption. None of the interventions in either experiment had a direct, measurable impact on self-reported animal consumption. These results suggest that while some educational interventions can change beliefs and attitudes about animal consumption, those same interventions have small impacts on animal consumption. (shrink)

In this chapter, DeYoung explores the vice of sloth and how its traditional conception differs from popular thought. Pulling from the tradition of the Desert Fathers, Augustine, and Aquinas, DeYoung reconnects sloth to its spiritual roots to see how this vice detracts from love.

It is a truism that humans are social animals. Thus, it is no surprise that we understand the world, each other, and ourselves in terms of social kinds such as money and marriage, war and women, capitalists and cartels, races, recessions, and refugees. Social kinds condition our expectations, inform our preferences, and guide our behavior. Despite the prevalence and importance of social kinds, philosophy has historically devoted relatively little attention to them. With few exceptions, philosophers have given pride of place (...) to the kinds studied by the natural sciences, especially physics. However, philosophical interest in social kinds is growing in recent years. I critically examine answers to a cluster of related questions concerning the metaphysics of social kinds. Are social kinds natural kinds? Do social kinds have essences? Are social kinds mind dependent? Are social kinds real? (shrink)

1 Some philosophers defend the thesis that women are adult human females. Call this the adult human female thesis (AHF). There are two versions of this thesis—one modal and one definitional. Accord...

Traditionally, social entities (i.e., social properties, facts, kinds, groups, institutions, and structures) have not fallen within the purview of mainstream metaphysics. In this chapter, we consider whether the exclusion of social entities from mainstream metaphysics is philosophically warranted or if it instead rests on historical accident or bias. We examine three ways one might attempt to justify excluding social metaphysics from the domain of metaphysical inquiry and argue that each fails. Thus, we conclude that social entities are not justifiably excluded (...) from metaphysical inquiry. Finally, we ask how focusing on social entities could change the character of metaphysical inquiry. We suggest that starting from examples of social entities might lead metaphysicians to rethink the assumption that describing reality in terms of intrinsic, independent, and individualistic features is preferable to describing it in terms of relational, dependent, and non-individualistic features. (shrink)

Many countries are experiencing increasing levels of demand for access to assisted reproductive technologies. Policies regarding who can access ART and with what support from a collective purse are highly contested, raising questions about what state responses are justified. Whilst much of this debate has focused on the status of infertility as a disease, we argue that this is something of a distraction, since disease framing does not provide the far-reaching, robust justification for state support that proponents of ART seem (...) to suppose. Instead, we propose that debates about appropriate state responses should consider the various implications for health and broader well-being that may be associated with difficulties starting a family. We argue that the harms and disruption to valued life projects of subfertility-related suffering may provide a stronger basis for justifying state support in this context. Further, we suggest that, whilst ART may alleviate some of the harm resulting from subfertility, population-level considerations can indicate a broader range of interventions aimed at tackling different sources of subfertility-related harm, consistent with broader public health aims. (shrink)

The concept of bias is pervasive in both popular discourse and empirical theorizing within philosophy, cognitive science, and artificial intelligence. This widespread application threatens to render the concept too heterogeneous and unwieldy for systematic investigation. This article explores recent philosophical literature attempting to identify a single theoretical category—termed ‘bias’—that could be unified across different contexts. To achieve this aim, the article provides a comprehensive review of theories of bias that are significant in the fields of philosophy of mind, cognitive science, (...) machine learning, and epistemology. It focuses on key examples such as perceptual bias, implicit bias, explicit bias, and algorithmic bias, scrutinizing their similarities and differences. Although these explorations may not conclusively establish the existence of a natural theoretical kind, pursuing the possibility offers valuable insights into how bias is conceptualized and deployed across diverse domains, thus deepening our understanding of its complexities across a wide range of cognitive and computational processes. (shrink)

Former NAACP chapter head Rachel Dolezal's attempted transition from the white to the black race occasioned heated controversy. Her story gained notoriety at the same time that Caitlyn Jenner graced the cover of Vanity Fair, signaling a growing acceptance of transgender identity. Yet criticisms of Dolezal for misrepresenting her birth race indicate a widespread social perception that it is neither possible nor acceptable to change one's race in the way it might be to change one's sex. Considerations that support transgenderism (...) seem to apply equally to transracialism. Although Dolezal herself may or may not represent a genuine case of a transracial person, her story and the public reaction to it serve helpful illustrative purposes. (shrink)

This is the latest draft of our translation of our reconstruction of Aristotle's lost work, the Protrepticus (Exhortation to Philosophy). The front matter indicates how to cite the work and the translation. We are currently in the process of preparing a critical Greek edition and commentary.

We consider the current debate between bioconservatives and their opponents—whom we dub bioliberals—about the moral acceptability of human enhancement and the policy implications of moral debates about enhancement. We argue that this debate has reached an impasse, largely because bioconservatives hold that we should honour intuitions about the special value of being human, even if we cannot identify reasons to ground those intuitions. We argue that although intuitions are often a reliable guide to belief and action, there are circumstances in (...) which they are not reliable. Intuitions—including intuitions about enhancement—are subject to various cognitive biases rendering them unreliable in some circumstances. We argue that many bioconservative intuitions about enhancement are examples of such unreliable intuitions. Given this, it is unrealistic of bioconservatives to expect others to rely on their unexamined intuitions. Furthermore, refusing to engage in debates about the reasons and values that underpin their intuitions about enhancement will have the effect of making bioconservative voices less relevant in policy debates about enhancement than they would otherwise be. (shrink)

Expressions of emotion pose a serious challenge to the view that we perceive other people’s emotions directly. If we must perceive expressions in order to perceive emotions, then it is only ever the expressions that we are directly aware of, not emotions themselves. This paper develops a new response to this challenge by drawing an analogy between expressions of emotion and perceptual media. It is through illumination and sound, the paradigmatic examples of perceptual media, that we can see and hear (...) objects around us. Instead of screening these objects from view, however, they enable our perception while being transparent to us. With reference to perceptual constancy and transparency, I show how expressions show up in our experience of emotions in a surprisingly similar way. Given this, we can understand expressions as the media _through_ which we perceive emotions and overcome the above challenge to an otherwise attractive view. (shrink)

Previous work in Game Studies has centered on several loci of investigation in seeking to understand virtual gameworlds. First, researchers have scrutinized the concept of the virtual world itself and how it relates to the idea of “the magic circle”. Second, the field has outlined various forms of experienced “presence”. Third, scholarship has noted that the boundaries between the world of everyday life and virtual worlds are porous, and that this fosters a multiplicity of identities as players identify both with (...) themselves-offline and themselves-in-game. Despite widespread agreement that these topics are targets for research, so far those working on these topics do not have mutually agreed-upon framework. Here we draw upon the work of Alfred Schutz to take up this call. We provide a phenomenological framework which can be used to describe the phenomena of interest to Game Studies, as well as open new avenues of inquiry, in a way acceptable and useful to all. This helps to distinguish the core of the field from the supplemental theoretical and critical commitments which characterize diverse approaches within the field. (shrink)

This paper explores the complex nature of social biases, arguing for a functional framework that recognizes their unity and diversity. The functional approach posits that all biases share a common functional role in overcoming underdetermination. This framework, I argue, provides a comprehensive understanding of how all psychological biases, including social biases, are unified. I then turn to the question of disunity, demonstrating how psychological social biases differ systematically in the mental states and processes that constitute them. These differences indicate that (...) biases at various levels of the cognitive architecture require distinct treatment along at least two dimensions: epistemic evaluation and mitigation strategies. By examining social biases through this dual lens of unity and diversity, we can more effectively identify when and how to intervene on problematic biases. Ultimately, this approach provides a nuanced understanding of the nature of social bias, offering practical guidance for addressing existing biases and proactively managing emerging biases in both human and artificial minds. (shrink)

Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that the (...) OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)

Is it conceptually possible for an event, L, to be the cause of an earlier event, E? Some writers have employed the so-called bilking argument to attempt to show that the idea of such backwards causation is incoherent . According to this argument, if we are presented with what someone claims to be a case of backwards causation, it would be possible in principle to wait for E to occur, and then intervene to prevent the occurrence of L, thus demonstrating (...) that E could not have been caused by L after all. Moreover, if our attempts to bilk L-type events having observed E-type events always fail, we have grounds to argue that any causal relationship between the two is not one of backwards causation, but of ordinary, forwards, earlier-to-later causation.Does the bilking argument succeed in showing backwards causation to be incoherent? Before answering this question, let us deal with a far simpler reason for deeming backwards causation incoherent, whose elucidation now will be useful later. To those attracted to the view that temporal order is determined by causal order, 1 backwards causation may seem incoherent because on this view a cause is by definition earlier than its effect. I do not take issue with this view, and wish my conception of backwards causation to be compatible with it. 2 By ‘backwards causation’, I mean causation that runs in the opposite direction to some other causal processes, such that the temporal order entailed by such backwards causation is the reverse of that entailed by those other causal processes. In most philosophical discussions of backwards causation, we are at least implicitly given reasons to believe that these other causal processes dictate the …. (shrink)

Counting functions are shown to be complete by using a simpler argument than that used by Pelletier and Martin.

This paper is an exploration of the Thomistic vice of despair, one of two vices opposed to the theological virtue of hope. Aquinas's conception of despair as a vice, and a theological vice in particular, distances him from contemporary use of the term "despair" to describe an emotional state. His account nonetheless yields a compelling psychological portrait of moral degeneration, which I explain via despair's link to its "root," the capital vice of sloth. Cases in which sloth and its offspring (...) vices progress into full-fledged despair raise intersecting issues about whether and how despair might be remediable. I conclude by considering puzzles regarding despair's disordered effects on the intellect and will and weighing three possible means of remedying it. (shrink)

Parry discusses an extension of Aristotle's syllogistic that uses four nontraditional quantifiers. We show that his conjectured decision procedure for validity for the extended syllogistic is correct even if syllogisms have more than two premises. And we axiomatize this extension of the syllogistic.

Controversial and provocative, To Be Real is a blueprint for the creation of a new political force.

In this essay, I consider how the theological virtue of hope might be practiced. I will first explain Thomas Aquinas’s account of this virtue, including its structural relation to the passion of hope, its opposing vices, and its relationship to the friendship of charity. Then, using narrative and character analysis from the film The Shawshank Redemption, I examine a range of hopeful and proto-hopeful practices concerning both the goods one hopes for and the power one relies on to attain those (...) goods. In particular, I show how the film’s picture of the role friends and friendship play in catalyzing hope is a compelling metaphor for Christian hope’s reliance on God. (shrink)

In this paper we argue that political envy is central to unraveling the racial dynamics in Spike Lee's Do The Right Thing. Building upon Sara Protasi’s taxonomy of envy and, in particular, from her analysis of some DTRT scenes, we conduct a more thorough interrogation of how political emotions, most notably envy, shape race relations in the film. We start by summarizing Protasi’s account of envy and then review two alternative accounts of political emotions. After elucidating what envy is and (...) how it becomes politically valenced, we analyze three key scenes that are the most emblematic of political envy: 1) a discussion between three Black characters on the street corner, 2) an exchange between the film’s main character, Mookie, and his racist co-worker, Pino; and 3) the film’s climactic riot sequence. Our analysis of these three scenes, in addition to complementing previous readings of Do The Right Thing, highlight envy’s potential to either impede or promote political action. (shrink)

Conscious but incapacitated patients need protection from both undertreatment and overtreatment, for they are exceptionally vulnerable, and dependent on others to act in their interests. In the United States, the law prioritizes autonomy over best interests in decision making. Yet U.S. courts, using both substituted judgment and best interests decision making standards, frequently prohibit the withdrawal of life-sustaining treatment from conscious but incapacitated patients, such as those in the minimally conscious state, even when ostensibly seeking to determine what patients would (...) have wanted. In the United Kingdom, under the Mental Capacity Act of 2005, courts decide on the best interests of incapacitated patients by, in part, taking into account the past wishes and values of the patient. This paper examines and compares those ethicolegal approaches to decision making on behalf of conscious but incapacitated patients. We argue for a limited interpretation of best interests such that the standard is properly used only when the preferences of a conscious, but incapacitated patient are unknown and unknowable. When patient preferences and values are known or can be reasonably inferred, using a holistic, all-things-considered substituted judgment standard respects patient autonomy. (shrink)

Aristotle’s dialogue Protrepticus is not only his earliest work of ethics but also the root of all his subsequent investigations into ethics. Here we explore the various ways Aristotle retained in memory the contents of the Protrepticus and redeployed them in the Eudemian Ethics, including the common books. Since Aristotle himself does not explicitly acknowledge the foundational significance of the Protrepticus to his later works, our exploration must proceed on the basis of our knowledge of the earlier work, which can (...) then related to comparable passages in the treatises. But the Protrepticus is a lost work, unlike the EE and the EN, in the sense that no medieval manuscripts of it have survived. And so it first needs to be reconstructed on the basis of the streams of reception that deposited information in surviving works by later ancient authors. We begin in part 1 by reviewing the surviving evidence of the Protrepticus before presenting our wider reconstruction and conception of the work as a dialogue in part 2. In part 3, we discuss ideas and arguments in the reconstructed dialogue that are retained and redeployed in the Eudemian Ethics, focussing on the account of intellectual virtues in EE v and the introduction and methodological framework in EE i-ii.1. (shrink)

Games Studies reveals the performative nature of playing a character in a virtual-game-world (Nitsche 2008, p.205; Pearce 2006, p.1; Taylor 2002, p.48). Tbe Player/Character relationship is typically understood in terms of the player’s in-game “presence” (Boellstorff 2008, p.89; Schroeder 2002, p.6). This gives the appearance that living-into a game-world is an all-or- nothing affair: either the player is “present” in the game-world, or they are not. I argue that, in fact, a constitutive phenomenology reveals the Player/Character relationship to be a (...) multi-dimensional matter of empathy. I advance a broadly Schutzian framework, drawing on his 1932 discussions of “face-to-face encounters” and ”historical predecessors,” showing how at- tention to empathy reveals a variety of “presences” that different kinds of Player/Character relationships afford. The central determinants of empathetic affordances which I focus on here are (i) how much players know about a character (especially the character’s past) and (ii) how players learn this information.The purpose of this discussion will be to show that a phenomenological analysis reveals that the relationship between a player and their character is complex, highly variable, and inherently social. Furthermore, it will add to the growing body of scholarship that demonstrates that video games are rich social objects deserving of study. (shrink)

Aestheticians have had a great deal to say recently in praise of (aesthetic) appreciation. This enthusiastic appreciation for appreciation may seem unsurprising given the important role it plays in many of our aesthetic practices, but we maintain that some prominent aestheticians have overstated the role of appreciation (and, perhaps more importantly, understated the role of other elements we will discuss) when it comes to the exercise of aesthetic taste. This is not, of course, to deny the obvious fact that appreciation (...) often plays an important role in our aesthetic practices but merely that it is a mistake to cast it in the role of the sine qua non of aesthetics. (shrink)

Two arguments in Eudemian Ethics 2 that are crucial to Aristotle’s definition of moral virtue as a mean state contain claims that Aristotle says are clear by induction. In these contexts, he explicitly appeals to examples coming from arts and sciences like gymnastic training and medicine for evidence. But Aristotle does not here, or elsewhere (at least in any extant work), including the parallel arguments in the Nicomachean Ethics, actually supply or discuss the evidence that makes these inductive arguments clear. (...) Fortunately, strong support for them can be found in the Hippocratic Corpus, especially in On Ancient Medicine and On Regimen. (shrink)

The conviction that high self-esteem is beneficial both to the individual and to society in general has been pervasive both in academia and in popular culture. If it is indeed beneficial, it is a prime candidate for pharmacological enhancement. There is evidence to suggest, however, that the benefits of high self-esteem to the individual have been exaggerated; and that there are few - if any - social benefits. With this evidence in mind, I consider in what ways high self-esteem is (...) valuable, and suggest how enhancement could play a role in maximising its valuable aspects. (shrink)

This paper compares Aristotle’s and Aquinas’s accounts of the virtue of magnanimity specifically as a corrective to the vice of pusillanimity. After definingpusillanimity and underscoring key features of Aristotelian magnanimity, I explain how Aquinas’s account of Christian magnanimity, by making humandependence on God fundamental to this virtue, not only clarifies the differences between the vice of pusillanimity and the virtue of humility, but also showswhy only Christian magnanimity can free us from improper and damaging forms of dependence on the opinions (...) and standards of others, enabling us toavoid the moral pitfalls of both pusillanimity and presumption. (shrink)

Defining the capital vice of sloth (acedia) is a difficult business in Thomas Aquinas and in the Christian tradition of thought from which he draws his account. In this article, I will raise three problems for interpreting Aquinas's account of sloth. They are all related, as are the resolutions to them I will offer. The three problems can be framed as questions: How, on Aquinas's account, can sloth consistently be categorized as, first, a capital vice and, second, a spiritual vice? (...) These two questions lead to a third, namely, how is the condition of sloth possible, given Aquinas's moral psychology and the nature of the will? The resolution of these interpretive issues can help do two things. It can help explain the apparent inconsistency between traditional (ancient and medieval) and contemporary conceptions of this vice, and —if Aquinas's account is right— it can help us diagnose contemporary moral and spiritual maladies that may either go unnoticed or be confused with distinctively modern "virtues" like diligence and industriousness. (shrink)

On 4 December 2006, during discussions on the Corporate Manslaughter and Corporate Homicide Bill, Andrew Dismore, Member of Parliament and then Chair of the Joint Committee on Human Rights, said, ‘Organisations can kill people … but it is the actions and omissions of people in organisations that cumulatively cause death’. However, the corporate entity is a vehicle for the communal actions of those who guide the business activities. Attempting to seek out persons or people that are solely responsible for deaths (...) and violations of human rights caused by companies is fruitless. The entity is a vehicle for those actions, it possesses its own, often deep, pockets of finance and resources, and it has a public image. It is more useful to punish the corporate entity, in instances where the corporate behaviour has led to death and human rights abuses, as it is in seeking out individual defendants. Soft law options have not brought about a sufficient reduction in instances of deaths caused by corporate behaviour across jurisdictional borders. This article will argue that the time has now come to establish an international hard law on corporate killing, and for states to ensure that there is a viable path towards a redress for victims and their families along with adopting a duty to assist the victim or their family to pursue redress to ensure a fair balance of power against transnational companies. (shrink)

Clinical Legal Education programmes now take place in most law schools in England and Wales. However, legal education continues to be predominantly focused on the analysis and application of rules, doctrines, and theories to hypothetical scenarios or essay questions. This form of pedagogy either minimises or ignores the role of the client in terms of supplying lawyers with knowledge pertinent to their case. In other words, it overlooks the fact that the lawyer’s acquisition of knowledge is not confined to technical (...) rationality. This article seeks to achieve three broad aims. First, to contribute to the debate concerning the epistemology of reflective practice. Second, to develop a theoretical reflective cycle, informed by Kant’s transcendental idealism, which seeks to maximise knowledge acquisition in legal education, namely knowledge supplied by the client. Third, to address implicit bias using the proposed reflective cycle. An optimal pedagogy for using this cycle is Clinical Legal Education, namely live client clinics. (shrink)

I argue that the direct perception of emotion (DP) is best conceived in terms of event perception, rather than fact perception or object perception. On neither of these two traditional models can the perception of emotion be as direct as its counterpart in ordinary perception; the proponent of DP must either drop the ‘direct’ claim or embrace a part-whole model of emotion perception and its problems. But our best account of how we perceive events directly can be applied to emotion (...) perception without any loss in directness. Not only this but there are good reasons to think that such a conception better respects both empirical evidence and the phenomenology of emotion perception. (shrink)

I argue that a circa first century B.C./A.D. anonymous epistolary comic novel depicting a fictional interaction between Hippocrates of Cos and Democritus of Abdera contains an insightful imitation of Democritus that can cast light on the historical Democritus’s thought, including his thought on the touchy subject of appropriate and inappropriate laughter. The only thing certain about Democritus’s view of laughter is that he denounced laughter at human misfortune as inappropriate. The later legend of him as laughing at everything and everyone (...) indiscriminately is a later distortion of his view which the author of the comic novel seems concerned to counteract. (shrink)

(No abstract is available for this citation).

The paper argues that at present the Criminal law does not contain satisfactory rules for dealing with the circumstances in which a mistake can be taken to vitiate the victim's consent to an action or transaction. Rules on this issue vary both between different offences and within given offences in a way that is neither coherent nor predictable. As a matter of fact consent should be regarded as vitiated whenever the victim is under a misapprehension but for which (s)he would (...) not have given consent, but from a practical point of view it will not always be possible to allow this factual vitiation to have legal effect. To try to find a more satisfactory set of rules the paper offers a series of potential rules placed along a spectrum. Towards either end of the spectrum the rules have greater certainty and coherence, but produce less desirable results in terms of policy. Towards the centre of the spectrum the reverse is true. The paper therefore concludes that no single rule will be able to provide the answer to this area, and that an approach which recognises a series of circumstances in which consent will be regarded as legally vitiated should be retained instead. However, it is imperative that in future these categories be clearly, and predictably drawn and individually explicable and justifiable. As a starting point it is proposed that consent should be regarded as vitiated when the victim has made a non est factum mistake, has been mistaken about something which would render the action or transaction physically different from that expected, or where the victim believed that the defendant had a legal qualification which in fact (s)he lacked. (shrink)

The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics with contingent creaturehood, (...) it reintroduces the anti-foundationalist concept of repetition that was implicit in Kierkegaard’s paradigm but which was not made lucid until Benjamin crafted from the Schmittian exception a vision of political life grounded in creaturely existence. -/- . (shrink)

Amazon Book Review Series of “Meandering Sobriety”.

This chapter explores two kinds of testimonial trust, what we call ‘evidential trust’ and ‘non-evidential trust’ with the aim of asking how testimonial trust could provide epistemic reasons for belief. We argue that neither evidential nor non-evidential trust can play a distinctive role in providing evidential reasons for belief, but we tentatively propose that non-evidential trust can in some circumstances provide a novel kind of epistemic reason for belief, a reason of epistemic facilitation. The chapter begins with an extensive discussion (...) of standard accounts of both kinds of trust and criticises especially the standard accounts of non-evidential trust. A new account of non-evidential trust is offered that avoids a number of difficulties that plague the standard accounts by rejecting what we call ‘attitude-liability assumptions’. (shrink)

The list of the seven capital vices include sloth, envy, avarice, vainglory, gluttony, lust, and anger. While many of the seven vices are more complex than they appear at first glance, one stands out as more obscure and out of place than all the others, at least for a contemporary audience: the vice of sloth. Our puzzlement over sloth is heightened by sloth's inclusion on the traditional lists of the seven capital vices and the seven deadly sins from the fourth (...) century onward. For hundreds of years, these seven vices were distinguished as moral and spiritual failings of serious and perennial importance. By contrast, recent studies, as well as the popular imagination, typically associate sloth with, or even define it as, laziness. But is laziness in fact a moral failing? (shrink)

Negation often reinforces problematic habits of othering, but rethinking negation can make good on feminist hopes for logic as a transformative space for inclusion. As Plumwood argues in her 1993 paper, not all uses of negation in the context of social identity are inherently problematic, but the widespread implicit use of classical negation has limited our options with respect to representing difference, ultimately reinforcing dualisms that essentialize social differences in problematic ways. In response to these limitations, I take inspiration from (...) Dembroff’s recent work on the metaphysics of genderqueer identity to build models of social identity using the Heyting-Brouwer logic developed by Rauszer in her 1974 paper. Ultimately, I argue that these models demonstrate both how classical negation reinforces problematic habits of othering and how alternative forms of negation can transform our treatment of social identity altogether. (shrink)

The paper shows that for any invalid polysyllogism there is a procedure for constructing a model with a domain with exactly three members and an interpretation that assigns non-empty, non-universal subsets of the domain to terms such that the model invalidates the polysyllogism.

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and unwritten (...) laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)

A semantics is presented for Storrs McCall's separate axiomatizations of Aristotle's accepted and rejected polysyllogisms. The polysyllogisms under discussion are made up of either assertoric or apodeictic propositions. The semantics is given by associating a property with a pair of sets: one set consists of things having the property essentially and the other of things having it accidentally. A completeness proof and a semantic decision procedure are given.

An appreciation of the "more philosophical" aspects of ancient medical writings casts considerable light on Aristotle's concept of nature, and how he understands nature to differ from art, on the one hand, and spontaneity or luck, on the other. The account of nature, and its comparison with art and spontaneity in Physics II is developed with continual reference to the medical art. The notion of spontaneous remission of disease (without the aid of the medical art) was a controversial subject in (...) the medical literature, and Aristotle's aporia about the notion of spontaneous generation of natural things runs parallel to this controversy. Aristotle's account of spontaneous generation in the Metaphysics and in the Generation of Animals can also be profitably illuminated by looking at the comparison with medicine in detail. The result, hopefully, is a clearer and more consistent picture not only of Aristotle's concepts of nature, art, and spontaneity, but also of the influence of medical writings and concepts on his natural philosophy. Joel Mann has written a commentary on the essay. (shrink)

In this chapter, DeYoung looks at the concept of practices and goes on to argue why they are needed and how they can be useful. Beginning with the past traditions of practices and reflection on practices of the Desert Fathers and their followers, DeYoung takes the conversation to the classroom to discuss how such traditionally embedded practices can still be used. She emphasizes the cycle of doing practices and reflecting upon practices within the regular rhythm of the classroom.