I. EXECUTIVE SUMMARY The MRCT Center Post-trial Responsibilities: Continued Access to an Investigational Medicine Framework outlines a case-based, principled, stakeholder approach to evaluate and guide ethical responsibilities to provide continued access to an investigational medicine at the conclusion of a patient’s participation in a clinical trial. The Post-trial Responsibilities (PTR) Framework includes this Guidance Document as well as the accompanying Toolkit. A 41-member international multi-stakeholder Workgroup convened by the Multi-Regional Clinical Trials Center of Brigham and Women’s Hospital and Harvard University (...) (MRCT Center) developed this Guidance and Toolkit. Project Motivation A number of international organizations have discussed the responsibilities stakeholders have to provide continued access to investigational medicines. The World Medical Association, for example, addressed post-trial access to medicines in Paragraph 34 of the Declaration of Helsinki (WMA, 2013): “In advance of a clinical trial, sponsors, researchers and host country governments should make provisions for post-trial access for all participants who still need an intervention identified as beneficial in the trial. This information must also be disclosed to participants during the informed consent process.” This paragraph and other international guidance documents converge on several consensus points: • Post-trial access (hereafter referred to as “continued access” in this Framework [for terminology clarification – see definitions]) is the responsibility of sponsors, researchers, and host country governments; • The plan for continued access should be determined before the trial begins, and before any individual gives their informed consent; • The protocol should delineate continued access plans; and • The plan should be transparent to potential participants and explained during the informed consent process. -/- However, there is no guidance on how to fulfill these responsibilities (i.e., linking specific responsibilities with specific stakeholders, conditions, and duration). To fill this gap, the MRCT Center convened a working group in September of 2014 to develop a framework to guide stakeholders with identified responsibilities. This resultant Framework sets forth applicable principles, approaches, recommendations and ethical rationales for PTR regarding continued access to investigational medicines for research participants. (shrink)

感謝《鵝湖月刊》給我機會討論拙作《比較的時代 ——中西視野中的儒家哲學前沿問題》（以下簡稱《比較的時代》），也很感謝李明書、李健君、張麗麗三位年輕有為的學者認真討論我在書中提出的一些問題。 三位學者都認識到這裏討論的「比較哲學」是通過比較來研究哲學，而不僅僅是比較已經存在的相同和不同的哲學思想。 在我看來， 單純地比較不同的哲學思想基本上是哲學史的工作。 而通過運用比較的方法做哲學則是哲學本身的工作，是建構性的原創性的工作。 說我們的時代是一個比較的時代，是說我們處於一個以比較為特徵來研究和建構哲學思想的時代。 通過比較來做哲學，就是要通過研究不同的哲學流派和不同的哲學思想，來進而建構新的哲學思想，以回答時代向我們提出的問題。在這個方面，我個人的看法是，今天的儒家哲學研究已經進入了一個不可迴避、不可逆轉的比較 的時代。 這是一件大好事。 這樣的研究使我們有更廣闊的視野，使我們有更多、更豐富的思想資源，也使我們更可能有效地回答時代提出的問題。 這裡我分別對三位學者提出的問題做出回應。.

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)

An anthology of essays by up-and-coming feminist and gay writers reevaluates the objectives and philosophy of the feminist movement, calling for more emphasis on liberating women than on guarding their sexual behavior.

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)

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)

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)

Traditionally, discussions of moral participation – and in particular moral agency – have focused on fully formed human actors. There has been some interest in the development of morality in humans, as well as interest in cultural differences when it comes to moral practices, commitments, and actions. However, until relatively recently, there has been little focus on the possibility that nonhuman animals have any role to play in morality, save being the objects of moral concern. Moreover, when nonhuman cases are (...) considered as evidence of moral agency or subjecthood, there has been an anthropocentric tendency to focus on those behaviors that inform our attributions of moral agency to humans. For example, some argue that the ability to evaluate the principles upon which a moral norm is grounded is required for full moral agency. Certainly, if a moral agent must understand what makes an action right or wrong, then most nonhuman animals would not qualify (and perhaps some humans too). However, if we are to understand the evolution of moral psychology and moral practice, we need to turn our attention to the foundations of full moral agency. We must first pay attention to the more broadly normative practices of other animals. Here, we begin that project by considering evidence that great apes and cetaceans participate in normative practices. (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 interprets von Trier’s Dogville as a suspension of belief that provokes a re-evaluation of contemporary moral values. Reading Dogville through the Stoic concept of phantasms and Nietzsche’s perspectivism, I analyze the plot and visual techniques as revealing how we form, evaluate, and re-evaluate our beliefs based on changing impressions and shifting perspectives. The philosophy of the Stoics and Nietzsche and the visual techniques of Dogville demonstrate that the recognition of the artificiality of appearances serves a moral purpose by (...) forcing us to examine our beliefs more deeply. In this way, von Trier presents film as a powerful art form for suspending and evaluating how we see and understand the world. (shrink)

This paper applies Karl Jaspers’ and Martin Heidegger’s accounts of transcendence to their descriptions of Van Gogh’s art. I will contrast Jaspers’ more vertical account of immanent transcendence to Heidegger’s horizontal one. This difference between their separate understandings of transcendence manifests itself in their estimations of the significance of Van Gogh’s art. Using phenomenology to understand Van Gogh’s art in light of immanent transcendence, moreover, illuminates a new understanding of transcendence as the ‘beyond’ that is always already here in the (...) immanent and reveals the ability of an object to point beyond itself. Both of these concepts are at work in Van Gogh’s art as well as modern art in general as the expansion of reality through new sight. Immanent transcendence and Van Gogh’s art are different but interconnected ways of rethinking experience beyond the limits of positivism and the myth of the given. Van Gogh’s art thus embodies a sensible world transformed. In particular, Van Gogh’s landscapes and still life series suggest the inexhaustibility of the things we so often overlook in our everyday experience. (shrink)

Feminist standpoint theory is a variety of feminist epistemology that has been active since the 1980s. Its two central tenets are (1) that knowledge is necessarily situated within a socio-political context, and (2) that certain socio-political positions or standpoints are epistemically privileged when it comes to “reveal[ing] the truth of social reality” (Hekman 1997). Over the course of its history, standpoint theory has encountered a number of problems which have revealed divisions among its supporters over certain fundamental philosophical commitments. In (...) this paper, I sketch out a phenomenological account of perception that can begin to address these problems, drawn largely from Maurice Merleau-Ponty’s Phenomenology of Perception. There are two major issues that I believe a Merleau-Pontyan view of perception can help alleviate. One is that there has never been a thorough articulation of a theory of perception underlying standpoint theory’s central claims. This is surprising, since arguments in favor of standpoint theory often emphasize that occupying a certain standpoint enables one to see the world differently (see Hartsock 1983, among others). The other problem is the complex tension between standpoint theory’s two central theses. Positing that knowledge is necessarily situated seems to make it difficult to account for one single reality about which some particular group could be epistemically privileged (Hekman 1997). Merleau-Ponty can help us resolve these issues by providing an account of perspectival perception wherein a multiplicity of different perceptual standpoints all nonetheless put us in touch with a single "external" world. Merleau-Ponty’s account also explains how it could be that some standpoints are better than others when it comes to accessing certain features of this world. For Merleau-Ponty, it is not a problem if each perspective is incomplete, partial, or even apparently conflicting with other perspectives. The proliferation of standpoints need not lead us into an unacceptably relativistic framework, as long as we are able to conceive of each of these standpoints as giving whoever occupies it access to some particular aspect of a singular, real, shared world. (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)

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 paper reports the first study in the literature that adopts a bibliometric approach to systematically explore the scholarship in the young and fast-growing research field of experimental philosophy. Based on a corpus of 1,248 publications in experimental philosophy from the past two decades retrieved from the PhilPapers website, the study examined the publication trend, the influential experimental philosophers, the impactful works, the popular publication venues, and the major research themes in this subarea of philosophy. It found, first, an overall (...) growing trend in publications in experimental philosophy, encompassing four developmental stages. Second, it found that significant changes in topics of interest have taken place, with some gaining increasing attention, others seemingly going out of fashion, and still others remaining popular constantly. Third, the study identified lists of leading philosophers, frequently cited publications, and popular journals helpful for researchers and newcomers to get a quick start in learning about the field. (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.

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)

A reconciliation of different approaches to anger in the Christian moral tradition, with cautions and recommendations for virtuous anger formation.

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)

Building on the multivalent meanings of the Arabo- Persian tarjama (‘to interpret’, ‘to translate’, ‘to narrate’), this essay argues for the relevance of Qur’ānic inimitability (i'jāz) to contemporary translation theory. I examine how the translation of Arabic rhetorical theory ('ilm al-balāgha) into Persian inaugurated new trends within the study of literary meaning. Finally, I show how Islamic aesthetics conceptualizes the translatability of literary texts along lines kindred to Walter Benjamin. -/- .

Some philosophers argue that women are adult human females. Call this the Adult Human Female thesis (AHF). The aim of this paper is to show that AHF is false.

There is growing interest in political phenomenology in the role that affectivity and emotions play in the political realm. Broadly speaking, it has been suggested that political emotions fall into two sub-categories: political emotions of allegiance and political emotions of antagonism. However, what makes an emotion one of allegiance or one of antagonism has yet to be explored. In this chapter, we show how work done on the phenomenology of emotions, the phenomenology of sociality, and critical phenomenology, can inform our (...) understanding of political emotions. Inspired by frameworks from each of these fields respectively, we introduce three ‘levels’ of phenomenological analysis with regards antagonistic political emotions: (i) the antagonistic character of the emotion, (ii) the antagonistic role in group dynamics, and (iii) a critical reflection on the very notion of antagonistic. Through this three-pronged phenomenological analysis we show how we can better understand, and critique, the conceptualisation of political emotions of antagonism and allegiance as well as show that whether an emotion is considered one of allegiance or antagonism depends on what level of analysis is employed. (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.

In this entry, DeYoung defines the seven deadly sins, also known as the capital vices, as a schema for understanding and analyzing sin for Christians interested in self-examination, confession, preaching, and spiritual formation. DeYoung carefully looks at the difference between 'sin' and 'vice' and goes back to the capital vices of the Desert Fathers to draw out the tradition. She also looks at Aquinas's analysis to help articulate how the Christian tradition has used the vices.

What would a course on ethics look like if it took into account Alasdair MacIntyre’s concerns about actually teaching students ethical practices? How could professors induct students into practices that prompt both reflection on their cultural formation and self-knowledge of the ways they have been formed by it? According to MacIntyre, such elements are prerequisites for an adequate moral education. His criticism of what he terms “Morality” includes the claim that most courses don’t even try to teach the right things. (...) He charges that academic teaching has little if anything to do with character formation, whereas thick practices can transform lives in ways mere argument can never do. Even those who appreciate his arguments and agree with his criticisms, however, may find implementing more adequate forms of ethical instruction in the university classroom a tall order. My goal in this essay is to provide a sketch of my own experimental course on normative ethics in order to illustrate what teaching according to a more MacIntyrean program might look like. (shrink)

This article considers the substantive difference Aquinas's theological commitments make to his otherwise Aristotelian account of courage in the Summa Theologiae. (Author's note: This article appeared in Medieval Philosophy and Theology, not Nietzsche Studies, but Philpapers is not allowing me to edit that line.).

American Muslims increasingly negotiate their relation to a government that is suspicious of Islam, yet which is legally obligated to recognize them as rights-bearing citizens. To better understand how the post-9/11 state is reshaping American Islam, I examine the case of Muslim American dissident Tarek Mehanna, sentenced to seventeen years in prison for providing material support for terrorism, on the basis of his controversial words (USA v. Mehanna et al, 2012). I situate Mehanna’s writing and reflections within a long history (...) of American activism, in particular the traditions represented by Henry David Thoreau and John Brown. -/- . (shrink)

In this paper, we aim to trace the origin of the systematic cross-cultural variations in referential intuitions by investigating the effects of perspective taking on people’s responses in the Gödel-style probes through two novel experiments. Here is how we will proceed. In section 2, we first briefly introduce the MMNS (2004) study, and then critically review the two relevant studies conducted by Sytsma and colleagues (i.e., Sytsma and Livengood 2011; Sytsma et al. 2015). In section 3, we introduce the literature (...) on cross-cultural variation in perspective taking in cultural psychology, which together with the conjecture of perspectival ambiguity leads to the hypothesis of our current study. In sections 4 and 5, two new experiments on how perspective taking affects people’s responses in hypothetical stories modelled on the Gödel thought experiment will be reported. Based on the empirical findings, in section 6 we argue that the robust cross-cultural variations thus far observed in people’s responses to the Gödel cases are largely attributable to culturally specific perspective-taking strategies, which provides new support for the proposal previously made by Sytsma and Livengood (2011). The implications of the experimental results for the ongoing work of testing the theories of refence of names and for the current metaphilosophical debate on the robustness of philosopher’s intuitions are also drawn in this section. Finally, the major conclusions and contributions of the current study are highlighted in section 7. (shrink)

This essay examines Giambattista Vico’s philology as a contribution to democratic legitimacy. I outline three steps in Vico’s account of the historical and political development of philological knowledge. First, his merger of philosophy and philology, and the effects of that merge on the relative claims of reason and authority. Second, his use of antiquarian knowledge to supersede historicist accounts of change in time and to position the plebian social class as the true arbiters of language. Third, his understanding of philological (...) knowledge as an instrument of political change, and a foundational element in the establishment of democracy. By treating the philological imagination as a tool for bringing about political change, Vico’s plebian philology is radically democratic, and a crucial instrument in the struggle against the elite, from antiquity to the present. -/- . (shrink)

In this chapter, DeYoung looks at the culturally and historically recognized virtue of courage. She specifically questions how we should think of all the pictures of courage and where we might look for Christlike examples of courage. To do this, DeYoung explores courage as it relates to fear and love and then delves into how courage can be a Christian practice.

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)

Library information science (LIS) should develop its foundation in terms of a philosophy of information (PI). This seems a rather harmless suggestion. Where else could information science look for its conceptual foundations if not in PI? However, accepting this proposal means moving away from one of the few solid alternatives currently available in the field, namely, providing LIS with a foundation in terms of social epistemology (SE). This is no trivial move, so some reasonable reluctance is to be expected. To (...) overcome it, the proposal needs to be more than just acceptable; it must be convincing. In Floridi (2002a), I have articulated some of the reasons why I believe that PI can fulfill the foundationalist needs better than SE can. I won’t rehearse them here. I find them compelling, but I am ready to change my mind if counterarguments become available. Rather, in this contribution, I wish to clarify some aspects of my proposal (Floridi, 2002a) in favor of the interpretation of LIS as applied PI. I won’t try to show you that I am right in suggesting that PI may provide a foundation for LIS better than SE. My more modest goal is to remove some ambiguities and possible misunderstandings that might prevent the correct evaluation of my position, so that disagreement can become more constructive. (shrink)

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)

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)

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)

The challenge posed by legal indeterminacy to legal legitimacy has generally been considered from points of view internal to the law and its application. But what becomes of legal legitimacy when the legal status of a given norm is itself a matter of contestation? This article, the first extended scholarly treatment of the International Holocaust Remembrance Alliance (IHRA)’s new definition of antisemitism, pursues this question by examining recent applications of the IHRA definition within the UK following its adoption by the (...) British government in 2016. Instead of focusing on this definition’s substantive content, I show how the document reaches beyond its self-described status as a “non-legally binding working definition” and comes to function as what I call a quasi-law, in which capacity it exercises the de facto authority of the law, without having acquired legal legitimacy. Broadly, this work elucidates the role of speech codes in restricting freedom of expression within liberal states. (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)

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)

This essay discusses critical approaches to culture, difference, and empathy in health care education through a reading of Junot Diaz’s “Wildwood” chapter from the 2007 novel The Brief Wondrous Life of Oscar Wao. I begin with an analysis of the way that Diaz’s narrative invites readers to imagine and explore the experiences of others with subtlety and complexity. My reading of “Wildwood” illuminates its double-edged injunction to try to imagine another’s perspective while recognizing the limits to—or even the impossibility of—that (...) exercise. I draw on post-colonial theory and feminist science studies to illuminate a text that is created and interpreted in a post-colonial context—the Dominican diaspora in the United States. The essay offers a model of historical and critical analysis that health care educators can use to frame the concept of empathy in the classroom and the clinic. (shrink)

The past eighteen years witnessed the rapid development of experimental philosophy of language. Adopting a bibliometric approach, this study examines the research trends and status quo of this burgeoning field based on a corpus of 237 publications retrieved from PhilPapers. It is observed that experimental philosophy of language has undergone three stages, the initiation stage, the development stage, and the extension stage, across which there is a clear upward trend in the annual number of publications. Michael Devitt, Edouard Machery, John (...) Turri, Nat Hansen, et al., are found to be the most productive philosophers, testifying their leading positions in this field. Journals, instead of books, are the major homes of works in this area. The analysis also yields a list of influential works, including the seminal work “Semantics, Cross-cultural Style” and other significant publications on the semantics of various types of expressions. Relatedly, the major research themes are found to include not only intuitions about the reference of proper names, but also a wide array of philosophically and linguistically interesting issues like the meaning of color adjectives, epistemic modals, and predicates of personal taste, the norms of assertions and the essence of lies, etc. These findings showcase that experimental philosophy of language has broadened the research territory and offered deep insights into central issues of philosophy of language that are beyond the reach of the conventional armchair methodology. (shrink)

Library information science (LIS) should develop its foundation in terms of a philosophy of information (PI). This seems a rather harmless suggestion. In Floridi (2002a), I have articulated some of the reasons why I believe that PI can fulfill the foundationalist needs better than SE can. In this contribution, I clarify some aspects of my proposal (Floridi, 2002a) in favor of the interpretation of LIS as applied PI. The aim of the article is to remove some ambiguities and possible misunderstandings (...) that might prevent the correct evaluation of my position, so that disagreement can become more constructive. (shrink)

After being largely unknown to non-siniphone philosophers, Li Zehou's ideas are gradually being translated into English, but very little has been done on his aesthetics, which he says is the key to his oeuvre. In the first of three sections of this paper, I briefly introduce the reader to Kant's aesthetics through Li's eyes, in which he develops an implicit notion of aesthetic freedom as political vehicle through the notions of subjectivity, universalization, and the unity of the cognitive faculties. In (...) the second section, I introduce Marx's notions of 'human nature as practice' and 'freedom as practice', as outlined in his early manuscripts. I conclude that Marx's politics take free practice as the highest expression of humanity, which is finally, ideally, self-legislating. In the final section, I present Li's interpretation of Marx as a remedy for Kant, introducing some of Li's specialized vocabulary and demonstrating his final synthesis of Kant and Marx in a notion of aesthetic freedom that presupposes political freedom. (shrink)

This essay uses Arnaldo Momigliano's genealogy of antiquarianism and historiography to propose a new method for engaging the past. Momigliano traced antiquarianism from its advent in ancient Greece and later growth in Rome to its early modern efflorescence, its usurpation by history, and its transformation into anthropology and sociology in late modernity. Antiquarianism performed for Momigliano the work of excavating past archives while infusing historiographical inquiry with a much-needed dose of contingency. This essay aims to advance our understanding of the (...) mutual imbrications of antiquarian methods with modern conceptions of history, while also suggesting how antiquarianism can generate alternatives to historical inquiry. (shrink)

One of the main and currently dominating attempt in theories of philosophical psychology is the way of describing psychological facts as cognitive state of affairs or mental events which could be individuated by the same means as it were natural species. This idea resulted from incapability of the " folk" psychology to give complete and satisfactory scientific explanation by the intentionality approach. The author claims that many certain advantages of the cognitive theories could be disputable if we try to consistently (...) analyze the ways of describing and individuation of entities in such "deeper" theories. And, especially if we can recognize them as spatiotemporally restricted (i .e. historical) entities. This alternative case could be, as it seems, theoretically more appropriate to their subjects: particular thoughts, believes, desires, representations and other mental events would be individuated as genealogically reconstructed subjects which forms potentially stronger explanatory power than in the case of explanations given by covering laws and in accordance with the presupposition of nomological necessity. (shrink)

Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...

Heidegger’s engagement with the poet Friedrich Hölderlin often dwells on the issue of temporality. For Heidegger, Hölderlin is the most futural thinker (zukünftigster Denker) whose poetry is necessary for us now and must be wrested from being buried in the past. Heidegger frames his reading of Hölderlin in terms of past, present, and future and, more importantly, describes him as being able to poetize time. This paper examines what it means to poetize time and why Hölderlin’s poetry in particular allows (...) us to understand temporality as the interplay of presence and non-presence. (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)

I discuss voluntary belief in the context of a phenomenon unique to our current political moment: self- brainwashing. Using the very public QAnon movement as a case study, I argue that, although the conditions in which QAnon beliefs are formed is highly similar to those that produce false confessions, the QAnon believer and not the false confessor is morally and epistemically responsible because the former’s beliefs are voluntary: belief is voluntary when the believer has both the capacity and the opportunity (...) to revise their belief. I conclude that this voluntariness is because of the uniquely distributed, Internet-based nature of QAnon. (shrink)