Concepts as reasonable doubt, cognitive biases and emotions are now a theoretical problem for the practice of law, and the law understood as legal argumentation. From a theoretical point of view, the screenplay written by Reginald Rose, Twelve Angry Men, is an outstanding example to analyze some of these concepts, and its influence on procedural stage. Cognitive biases and informal fallacies are theoretical challenge to legal argumentation.

Despite the end of the Cold War and the ascendancy of liberal democracy celebrated by Francis Fukuyama as “the end of history”, a growing number of scholars and political activists point to its inherent shortcomings. However, they have tended to dismiss it on the basis of one or two of its salient weaknesses. While this is a justifiable way to proceed, it denies the searching reader an opportunity to see the broad basis for the growing rejection of liberal democracy among (...) African political theorists. Consequently, in this article, I argue that from an African perspective, the almost hegemonic status of liberal democracy can be challenged on at least five grounds, namely, logical inconsistency, impracticability due to the largely communalistic outlook of many africans, inconsistency between affirmation and action, violation of the right to ethnic identity, and the moral imperative to assert the right to cultural emancipation. -/- I conclude by calling upon African and Africanist political theorists to utilise indigenous African political thought, coupled with emancipatory aspects of political thought from other parts of the world, to design practicable models of democracy for contemporary African states. I further conclude that in order to promote genuine inter-cultural dialogue on democratisation, people from Western cultures ought to acknowledge the equality of all cultures, and to recognise that systems of governance are part and parcel of those cultures. (shrink)

The purpose of this essay is to explore, and clarify, some key features in Aquinas’ account of the virtue of temperance, with an eye to answering some common objections raised against a positive evaluation of temperance. In particular, I consider three features of Aquinas’ understanding of temperance: First, the role of the rational mean in temperance; second, the role of rightly ordered passions in temperance; and third, the ‘despotic’ control of reason over the passions in temperance. Along the way I (...) consider three common objections to Aquinas’ account of temperance: the objection that temperance can be misused for evil, the objection that temperance devalues effort, and the objection that temperance devalues strong passions and thereby implicitly devalues the goodness of sexuality. In responding to these objections on behalf of Aquinas, I take the opportunity to clarify and slightly extend Aquinas’ account of temperance. (shrink)

In this paper I argue that Aquinas’ account of analogy provides resources for resolving the prima facie conflict between his claims that (1) the divine relations constituting the persons are “one and the same” with the divine essence; (2) the divine persons are really distinct, (3) the divine essence is absolutely simple. Specifically, I argue that Aquinas adopts an analogical understanding of the concepts of being and unity, and that these concepts are implicit in his formulation of claims about substance (...) and relation in the Trinity. I then show how Aquinas appeals to key structural features of analogical concepts, notably, the simpliciter/secundum quid characterization, to resolve apparent conflicts between the unity of substance and distinction of relations in the Trinity. (shrink)

This article is a reply to Karori Mbugua’s article titled “The Problem of Hell Revisited: Towards a Gentler Theology of Hell” (Thought and Practice: A Journal of the Philosophical Association of Kenya, New Series, Vol.3 No.2, December 2011, pp.93-103). The present article does not in any way seek to argue for or against the existence of eternal damnation. Instead, it advances the view that while Mbugua raises important philosophical issues around the question of eternal damnation, those questions deserve a more (...) incisive treatment than Mbugua accorded them. The article further argues that as with all other matters touching on the way things are rather than the way they ought to be, the answer to the question as to whether or not eternal damnation exists cannot be determined by our opinions - its existence or nonexistence is an objective fact. Consequently, philosophers cannot revise the fact to their liking; what they can do is to accept or reject the doctrine of eternal damnation altogether on rational grounds, but with no assurance that the objective fact is on their chosen side. (shrink)

Strong non-maximalism holds that some truths require no ontological ground of any sort. Strong non-maximalism allows one to accept that some propositions are true without being forced to endorse any corresponding ontological commitments. We show that there is a version of truthmaker theory available—anti-aboutness truthmaking—that enjoys the dialectical benefits of the strong non-maximalist’s position. According to anti-aboutness truthmaking, all truths require grounds, but a proposition need not be grounded in the very thing(s) that the proposition is about. We argue that (...) if strong non-maximalism can be defended, then so can anti-aboutness truthmaking on the very same basis; one can enjoy the benefits of strong non-maximalism without giving up on the idea that truth is always grounded in being. (shrink)

This article aims to provide a consistent explication of the doctrine of Divine Simplicity. To achieve this end, a re-construal of the doctrine is made within an “aspectival trope-theoretic” metaphysical framework, which will ultimately enable the doctrine to be elucidated in a consistent manner, and the Plantingian objections raised against it will be shown to be unproblematic.

This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human dignity (...) in the two constitutions, each one of us from his own philosophical perspective. (shrink)

The late Kenyan Prof. H. Odera Oruka (1944-1995), from his base in the Department of Philosophy and Religious Studies at the University of Nairobi, contributed significantly to the growth of contemporary African philosophy, and helped locate African philosophy within the global philosophical discourse. His work in areas such as normative and applied ethics, political philosophy, epistemology, and, most notably, philosophic sagacity, continues to play a pivotal role in the current discourse on African philosophy. Prof. Oruka was also one of the (...) founders of Thought and Practice: A Journal of the Philosophical Association of Kenya. -/- The chapters in this volume examine various aspects of Oruka’s prolific contribution to philosophy in general, and to African philosophy in particular. Earlier versions of the chapters were presented at the three-day Odera Oruka International Symposium held from 19th to 21st November 2013, organised by the Department of Philosophy and Religious Studies at the University of Nairobi in collaboration with the Goethe Institute. (shrink)

During his Jena period, Fichte endorses a curious dictum: ‘the kind of philosophy one chooses depends on the kind of person one is’. How can Fichte’s dictum support a vindication of German idealism over Spinozism, which he also calls ‘dogmatism’? I will show that the answer to this seemingly straightforward question reveals a rather complex series of metametaphysical objections that shape the development of the entire German idealist tradition. Ultimately, as I will suggest, the series of metametaphysical questions that shape (...) the German idealist tradition must culminate in the question of how to understand the relation between philosophy and its presuppositions. I will conclude by briefly considering a hermeneutical response to this question. (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

Characterizations of an (∈, ∈)-neutrosophic ideal are considered. Any ideal in a BCK/BCI-algebra will be realized as level neutrosophic ideals of some (∈, ∈)-neutrosophic ideal. The relation between (∈, ∈)-neutrosophic ideal and (∈, ∈)-neutrosophic subalgebra in a BCK-algebra is discussed. Conditions for an (∈, ∈)-neutrosophic subalgebra to be a (∈, ∈)-neutrosophic ideal are provided. Using a collection of ideals in a BCK/BCI-algebra, an (∈, ∈)-neutrosophic ideal is established. Equivalence relations on the family of all (∈, ∈)-neutrosophic ideals are introduced, and (...) related properties are investigated. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

In the Vocation of Man, Fichte makes the striking claim that life is eternal, rational, our true being, and the final cause of nature in general and of death in particular. How can we make sense of this claim? I argue that the public lectures that compose the Vocation are a popular expression of Fichte’s pre-existing commitment to what I call immortalism, the view that life is the unconditioned condition of intelligibility. Casting the I as an absolutely self-active or living (...) power enables his philosophical account of both the intelligibility of objects and of what it means to die. This explains his characterization of the Wissenschaftslehre as a system in which ‘all is act, movement, and life’. In Sect. 1, I explain the context of Jacobi’s use of ‘caput mortuum’ as a term for the thing in itself. In Sects. 2 and 3, I reconstruct two immortalist arguments from Fichte’s Jena period. The first is that the I’s self-activity rules out the existence of the thing in itself and thereby vanquishes ‘death’s head’. The second is that, insofar as the I charges us with the moral perfection of nature, it is the final cause of our entire life, including its end. This is to say that the I puts our every moment into question, even our last. In Sect. 4, I use these immortalist arguments to interpret the striking claim from the Vocation. (shrink)

Meillassoux defines “correlationism” as the view that we can only access the mutual dependence of thought and being—specifically, subjectivity and objectivity—which he attributes to Heidegger. This attribution is inapt. It is only by accessing being—via existential analysis—that we can properly distinguish beings like subjects and objects. I propose that Meillassoux’s misattribution ignores the ontological difference that drives Heidegger’s project. First, I demonstrate the inadequacy of Meillassoux’s account of correlationism as a criticism of Heidegger and dispense with an objection. Second, I (...) argue that Meillassoux’s neglect of the ontological difference stems from a question-begging appeal to transcendental realism, which is at odds with Heidegger’s twin claims for a variety of transcendental idealism in Being and Time. Third, I offer a reflection on three general marks of transcendental idealism. (shrink)

Some have objected to human enhancement on the grounds that it violates the autonomy of the enhanced. These objections, however, overlook the interesting possibility that autonomy itself could be enhanced. How, exactly, to enhance autonomy is a difficult problem due to the numerous and diverse accounts of autonomy in the literature. Existing accounts of autonomy enhancement rely on narrow and controversial conceptions of autonomy. However, we identify one feature of autonomy common to many mainstream accounts: reasoning ability. Autonomy can then (...) be enhanced by improving people’s reasoning ability, in particular through cognitive enhancement; given how valuable autonomy is usually taken to be, this gives us extra reason to pursue such cognitive enhancements. Moreover, autonomy-based objections will be especially weak against such enhancements. As we will argue, those who are worried that enhancements will inhibit people’s autonomy should actually embrace those enhancements that will improve autonomy. (shrink)

With the recent report of a live birth after use of Mitochondrial replacement therapy, sometimes called ‘Three-parent IVF’, the clinical application of the technique is fast becoming a reality. While the United Kingdom allows the procedure under regulatory scrutiny, it remains effectively outlawed in many other countries. We argue that such prohibitions may violate individuals’ procreative rights, grounded in individuals’ interest in genetic affinity. The interest in genetic affinity was recently endorsed by Singapore’s highest court, reflecting an emphasis on the (...) importance of biological ties found across the globe. We apply that reasoning to make the case for a right to ‘Three-parent IVF’. (shrink)

Moral enhancement is an ostensibly laudable project. Who wouldn’t want people to become more moral? Still, the project’s approach is crucial. We can distinguish between two approaches for moral enhancement: direct and indirect. Direct moral enhancements aim at bringing about particular ideas, motives or behaviors. Indirect moral enhancements, by contrast, aim at making people more reliably produce the morally correct ideas, motives or behaviors without committing to the content of those ideas, motives and/or actions. I will argue, on Millian grounds, (...) that the value of disagreement puts serious pressure on proposals for relatively widespread direct moral enhancement. A more acceptable path would be to focus instead on indirect moral enhancements while staying neutral, for the most part, on a wide range of substantive moral claims. I will outline what such indirect moral enhancement might look like, and why we should expect it to lead to general moral improvement. (shrink)

The current prevailing view is that participation in biomedical research is above and beyond the call of duty. While some commentators have offered reasons against this, we propose a novel public goods argument for an obligation to participate in biomedical research. Biomedical knowledge is a public good, available to any individual even if that individual does not contribute to it. Participation in research is a critical way to support an important public good. Consequently, all have a duty to participate. The (...) current social norm is that individuals participate only if they have a good reason to do so. The public goods argument implies that individuals should participate unless they have a good reason not to. Such a shift would be of great aid to the progress of biomedical research, eventually making society significantly healthier and longer lived. (shrink)

Fichte assigns ‘intellectual intuition’ a new meaning after Kant. But in 1799, his doctrine of intellectual intuition is publicly deemed indefensible by Kant and nihilistic by Jacobi. I propose to defend Fichte’s doctrine against these charges, leaving aside whether it captures what he calls the ‘spirit’ of transcendental idealism. I do so by articulating three problems that motivate Fichte’s redirection of intellectual intuition from being to acting: (1) the regress problem, which states that reflecting on empirical facts of consciousness leads (...) only to further facts and so cannot yield a first principle; (2) the rhapsody problem, which states that the categories form a haphazard set and so lack necessity unless they derive from a first principle; and (3) the nihilism problem, which states that a first principle cannot lie outside our cognition of it, lest it be the cause of our cognition and, being first, the cause of all our actions, reducing us to machines. Crucially, Fichte’s three motivating problems are in fact aspects of a single problem. Leaving any aspect unsolved spoils putative solutions to the other two. Consequently, Fichte requires a single unified solution to all three, which his doctrine of intellectual intuition provides. (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

It has recently been argued that reproductive genetic manipulation technologies like mitochondrial replacement and germline CRISPR modifications cannot be said to save anyone’s life because, counterfactually, no one would suffer more or die sooner absent the intervention. The present article argues that, on the contrary, reproductive genetic manipulations may be life-saving (and, from this, have therapeutic value) under an appropriate population health perspective. As such, popular reports of reproductive genetic manipulations potentially saving lives or preventing disease are not necessarily mistaken, (...) though such terminology still requires further empirical validation. (shrink)

Business resilience is the ability to quickly recover from difficulties and continue operating by applying innovative strategies. The article aims to document the resilience level of micro, small, and medium enterprises (MSMEs) in the Pacific towns of Southern Leyte, Philippines, and capture its causal determinants amid the health crisis using descriptive correlational research design. Using a research-made questionnaire, cross-sectional and primary data were collected from a random sample of MSMEs and were summarized using statistical measures. The significant determinants of the (...) resilience of MSMEs were determined using the Chi-square test for independence via cross-tabulation of categorical data. Results depicted that, on average, MSMEs during the pandemic are "resilient", particularly in their situational awareness, keystone vulnerabilities, and adaptive capacity as they combat the disruption of the health crisis. The Chi-square test reveals that age, civil status, business job position of the MSMEs' personnel, and the estimated monthly income of the enterprise are the highly significant factors that affect the resilience of MSMEs during the health crisis. In particular, younger age, single status, and owner of the enterprise are more active and creative in digital business technology, which increases their resilience in response to challenges brought about by the pandemic. Moreover, enterprises with lower incomes do adopt innovative business strategies that improve economic resilience and profit. Furthermore, the study suggests that enterprises must consider strategic plans and goals to enhance their capability in risk management as they will face future crises. (shrink)

The study investigated the effect of cognitive restructuring on junior secondary school mathematics test anxiety in Oshimili south L.G.A of Delta State. Two research questions and two hypotheses tested at 0.05 level of significance guided the study. Quasi-experimental research design was adopted for this study. The population for this study was a total of 1224 students. These comprised of all the JSS 2 students from Oshimili South Local Government Area of Delta State. Research sample consisted of 120 JSS 2 students (...) with high level of mathematics test anxiety selected through purposive sampling technique. The instrument adopted for this study was Maths anxiety rating scale-R. Data collected from the study were analyzed using mean and ANCOVA. Results obtained from the study indicated that Cognitive restructuring therapy (CRT) was effective on mathematics test anxiety of junior secondary school students. The results equally showed that Cognitive restructuring therapy was more effective on the female students’ mathematics anxiety than their male counterparts. Furthermore, the results indicated a significant difference in the post-test mathematics test anxiety mean scores of students treated with CRT and those in the control group. Also, there was significant difference in the post-test mathematics test anxiety mean scores of male and female students treated with CRT. Based on the findings of this study, some recommendations were noted. The researcher recommended, among others that Schools’ Guidance Counselors should be empowered to make good use of the cognitive restructuring technique, in counseling students who find it difficult to comprehend mathematics skills. (shrink)

Our era is characterized by a significant conflict between populism and anti-populism, both politically and culturally. Populist groups and leaders often portray themselves as the true voices of the common people, gaining electoral support or even taking power by framing society as a battle between the ordinary people and the elite, challenging the political and economic establishment. Conversely, parties within the liberal political spectrum counteract the rise of populism by articulating a strong anti-populist discourse, sometimes successfully dominating the political arena. (...) However, despite the increase in studies on populism, there are not many publications regarding anti-populism. This article seeks to examine the anti-populist discourse in Argentina and Greece, two countries with many similarities in political, economic, and cultural aspects. By analyzing the key ideas of anti-populist discourse, we aim to highlight the common anti-populist logic marked by typical paths of modernization, which not only opposes populism but also frequently disregards or opposes specific social groups, such as minorities. (shrink)

In their recent article, Koplin, Gyngell and Savulescu (2019) assess the viability of the precautionary principle as a decision-making tool to determine whether and under what circumstances germline gene editing should proceed. While their survey of different forms of the precautionary principle is illuminating, the most novel contribution is a new account of the precautionary principle, what they dub the Sufficientarian Precautionary Principle (SPP). SPP is meant to avoid several problems with existing accounts, while comporting with at least some of (...) the intuitive force behind the general idea of the precautionary principle. However, as it is only one subsection of a larger paper, SPP is not fully worked out. In this brief response, I will flesh out some problems with SPP as a decision-making tool – particularly that there is a lack of adequate normative justification for adopting it. While this does not constitute a decisive refutation of the approach, SPP needs considerable refinement and clarification before it can be considered viable for use in decision-making. (shrink)

As opposed to a ‘one size fits all’ approach, precision medicine uses relevant biological, medical, behavioural and environmental information about a person to further personalize their healthcare. This could mean better prediction of someone’s disease risk and more effective diagnosis and treatment if they have a condition. Big data allows for far more precision and tailoring than was ever before possible by linking together diverse datasets to reveal hitherto-unknown correlations and causal pathways. But it also raises ethical issues relating to (...) the balancing of interests, viability of anonymization, familial and group implications, as well as genetic discrimination. This article analyses these issues in light of the values of public benefit, justice, harm minimization, transparency, engagement and reflexivity and applies the deliberative balancing approach found in theEthical Framework for Big Data in Health and Research to a case study on clinical genomic data sharing. Please refer to that article for an explanation of how this framework is to be used, including a full explanation of the key values involved and the balancing approach used in the case study at the end. Our discussion is meant to be of use to those involved in the practice as well as governance and oversight of precision medicine to address ethical concerns that arise in a coherent and systematic manner. (shrink)

The early 21st century has witnessed a significant rise in extreme nationalism, racism, and xenophobia, deeply affecting the rights of minorities such as the Roma, who have historically faced systemic discrimination and racism. Given that many political leaders who downplay minority rights often engage in populist discourse, a debate has emerged about the relationship between populism and minority rights. While many scholars argue that populism inherently undermines liberal principles like the protection of minorities, the question remains whether populism is necessarily (...) anti-pluralist and anti-minority. What about the case of left-wing populism? Furthermore, why is the relationship between anti-populism and minorities often overlooked? In this article, we examine the relationship between populism, anti-populism, and minorities through the case of two different governmental discourses in crisis-ridden Greece. Specifically, we focus on the governmental political discourse and policies of the populist SYRIZA (2015-2019) and the anti-populist ND (2019-2023) on Roma, with the aim of showing that populism is not necessarily anti-pluralist, while anti-populism is not always pluralist, as both phenomena can follow inclusionary or exclusionary logics. (shrink)

Two attitudes are possible: one, that the world is an absolute jungle and that the exercise of coercive power by rulers is only a manifestation of this; and the other, that it is both necessary and right that there should be this exercise of power, that through it the world is much less of a jungle than it could possibly be without it, so that one should in principle be glad of the existence of such power, and only take exception (...) to its unjust exercise. (shrink)

En su libro El libre albedrío: un estudio filosófico Carlos Moya presenta una objeción a los contraejemplos tipo-Frankfurt según la cual lo que hace que una alternativa sea robusta o no es el contexto en el que se encuentra el agente; así, alternativas que, en principio, no se verían como robustas y eximentes, pueden llegar a serlo en circunstancias especiales y los contraejemplos tipo-Frankfurt presentan, justamente, este tipo de circunstancias. En este escrito presento tres objeciones al brillante argumento de Moya. (...) En primer lugar, defiendo que no es claro que la alternativa que él considera robusta esté cumpliendo el papel de soportar, al menos en parte, la atribución de culpa del agente. En segundo lugar, retomo la respuesta que Moya ha dado a una crítica de Pereboom quien lo acusa de presuponer en el seno de su argumento al principio de posibilidades alternativas y, por ende, de caer en una petición de principio. Defiendo que la respuesta que ha dado Moya no le permite eludir la crítica de Pereboom. Finalmente, ofrezco una consideración acerca de cómo podría desarticularse la propuesta de Moya si se logra presentar un contraejemplo tipo-Frankfurt de corte determinista. (shrink)

State militaries have strong interests in developing enhanced warfighters: taking otherwise healthy service personnel (soldiers, marines, pilots, etc.) and pushing their biological, physiological, and cognitive capacities beyond their individual statistical or baseline norm. However, the ethical and regulatory challenges of justifying research into these kinds of interventions to demonstrate the efficacy and safety of enhancements in the military has not been well explored. In this paper, we offer, in the context of the US Common Rule and Institutional Review Board framework, (...) potential justifications for justifying research into enhancing warfighters on the grounds of (1) individual and group risk reduction, (2) protection of third parties such as civilians, and (3) military effectiveness. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

Throughout his career, Schelling assigns knowledge of the absolute first principle of philosophy to intellectual intuition. Schelling's doctrine of intellectual intuition raises two important questions for interpreters. First, given that his doctrine undergoes several changes before and after his identity philosophy, to what extent can he be said to “hold onto” the same “sense” of it by the 1830s, as he claims? Second, given that his doctrine of intellectual intuition restricts absolute idealism to what he calls a “science of reason”, (...) which he says cannot prove the absolute’s existence, what other doctrine does he require in order to prove this? I will answer these questions by tracing the shifts in Schelling’s doctrine of intellectual intuition from the 1790s to the 1830s and drawing out its evolving methodological role within his science of intelligibility. (shrink)

While the idea that philosophy requires self-transformation is historically pervasive, it exerts considerable influence on the post-Kantians who first aim to systematize Kant’s idealism by grounding it on a first principle. In the 1790s, Fichte and Schelling offer competing accounts of the self-transformation that they regard as essential to positing a first principle. Their accounts raise two central questions. First, what makes this kind of self-transformation possible? Second, are there different possible expressions of philosophical self-transformation? In what follows, I will (...) articulate the Fichtean and Schellingian answers to these central questions. For Fichte, the one who summons me to posit a first principle makes possible my philosophical self-transformation, although the latter has an exclusively idealist expression in that I can only genuinely posit the I as first principle, which is to say that philosophical self-transformation depends on mutual recognition and vindicates precisely one philosophical system (Section 1). For Schelling, a brute act of will makes possible my philosophical self-transformation, although the latter has either an idealist or a realist expression in that I can genuinely posit either the I or the not-I as first principle, which is to say that philosophical self-transformation does not depend on mutual recognition and vindicates one of two possible philosophical systems (Section 2). Thus, whereas Fichtean self-transformation is recognitive and non-pluralistic, Schellingian self-transformation is pluralistic and non-recognitive. I conclude with a discussion of how Jacobi poses a challenge to Fichte’s and Schelling’s answers to the two central questions (Section 3). (shrink)

The concept of facticity denotes conditions of experience whose necessity is not logical yet whose contingency is not empirical. Although often associated with Heidegger, Fichte coins ‘facticity’ in his Berlin period to refer to the conclusion of Kant’s metaphysical deduction of the categories, which he argues leaves it a contingent matter that we have the conditions of experience that we do. Such rhapsodic or factical conditions, he argues, must follow necessarily, independent of empirical givenness, from the I through a process (...) of ‘genesis.’ I reconstruct Fichte’s argument by tracing the origin of his neologism, presenting his Jena critique of Kant’s rhapsodic appeal to the forms of judgment, and illustrating the Jena period’s continuity with the Berlin period’s genetic method, while noting a methodological shift whereby Fichte directs his critique against his own doctrine of intellectual intuition in order to eliminate its ‘factical terms.’. (shrink)

This paper aims to show that Godel's ontological argument can be parodied in much the same kind of way in which Gaunilo parodied Anselm's Proslogion argument. The parody in this paper fails; there is a patch provided in "Reply to Gettings" (Analysis 60, 4, 2000, 363-7).

Contemporary Western societies are obsessed with the “obesity epidemic,” dieting, and fitness. Fat people violate the Western conscience by violating a thinness norm. In virtue of violating the thinness norm, fat people suffer many varied consequences. Is their suffering morally permissible, or even obligatory? In this paper, I argue that the answer is no. I examine contemporary philosophical accounts of oppression and draw largely on the work of Sally Haslanger to generate a set of conditions sufficient for some phenomena to (...) count as oppression, and I illustrate the account’s value using the example of gender oppression. I then apply the account to fat people, examine empirical evidence, and argue that the suffering of fat people counts as oppression. (shrink)

This chapter intervenes in recent debates in Kant scholarship about the possibility of a general logical alien. Such an alien is a thinker whose laws of thinking violate ours. She is third-personal as she is radically unlike us. Proponents of the constitutive reading of Kant’s conception of general logic accordingly suggest that Kant rules out the possibility of such an alien as unthinkable. I add to this an often-overlooked element in Kant’s thinking: there is reason to think that he grants—and (...) in fact presupposes—the possibility of a transcendental logical alien. Such an alien is a knower whose laws of experience purport to violate ours. She is first-personal as she is radically like us. In other words, she is us, insofar as we are alienated from ourselves and our experience. I go on to draw an analogy between her, a dogmatist, and another transcendental alien, an evil agent. Just as a dogmatist is alienated from her (our) experiential laws, an evil agent is alienated from her (our) moral law. These forms of theoretical and practical self-conceit require self-knowledge in the form of a critique of speculative or practical reason. In bringing this point out, I aim to shift from the question of whether logical laws constitute our thinking to the question of whether grasping our experiential and moral laws as our laws constitutes our reason. (shrink)

The prospect of consumable meat produced in a laboratory setting without the need to raise and slaughter animals is both realistic and exciting. Not only could such in vitro meat become popular due to potential cost savings, but it also avoids many of the ethical and environmental problems with traditional meat productions. However, as with any new technology, in vitro meat is likely to face some detractors. We examine in detail three potential objections: 1) in vitro meat is disrespectful, either (...) to nature or to animals; 2) it will reduce the number of happy animals in the world; and 3) it will open the door to cannibalism. While each objection has some attraction, we ultimately find that all can be overcome. The upshot is that in vitro meat production is generally permissible and, especially for ethical vegetarians, worth promoting. (shrink)

This paper proposes a new Separabilist account of thick concepts, called the Expansion View (or EV). According to EV, thick concepts are expanded contents of thin terms. An expanded content is, roughly, the semantic content of a predicate along with modifiers. Although EV is a form of Separabilism, it is distinct from the only kind of Separabilism discussed in the literature, and it has many features that Inseparabilists want from an account of thick concepts. EV can also give non-cognitivists a (...) novel escape from the Anti-Disentangling Argument. §I explains the approach of all previous Separabilists, and argues that there’s no reason for Separabilists to take this approach. §II explains EV. §III fends off objections. And §IV explains how non-cognitivist proponents of EV can escape the Anti-Disentangling Argument. (shrink)

Fichte argues that the conclusion of Kant’s transcendental deduction of the categories is correct yet lacks a crucial premise, given Kant’s admission that the metaphysical deduction locates an arbitrary origin for the categories. Fichte provides the missing premise by employing a new method: a genetic deduction of the categories from a first principle. Since Fichte claims to articulate the same view as Kant in a different, it is crucial to grasp genetic deduction in relation to the sorts of deduction that (...) Kant offers. I propose to interpret genetic deduction as the simultaneous fulfillment of two tasks: answering the question quid facti by deriving the categories from the I and answering the question quid juris by establishing our entitlement to the categories as conditions of experience. While the second task represents Fichte’s agreement with Kant’s transcendental deduction, the first reflects his correction of Kant’s metaphysical deduction. (shrink)

The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, it provides a (...) useful way to determine how the right should be applied in various cases. (shrink)

This paper defends an account of forgiveness that is sensitive to recent work on anger. Like others, we claim anger involves an appraisal, namely that someone has done something wrong. But, we add, anger has two further functions. First, anger communicates to the wrongdoer that her act has been appraised as wrong and demands she feel guilty. This function enables us to explain why apologies make it reasonable to forgo anger and forgive. Second, anger sanctions the wrongdoer for what she (...) has done. This function allows us to explore the moral status of forgiveness, including why forgiveness is typically elective. (shrink)

Background Several jurisdictions, including Singapore, Australia, New Zealand and most recently Ireland, have a public interest or public good criterion for granting waivers of consent in biomedical research using secondary health data or tissue. However, the concept of the public interest is not well defined in this context, which creates difficulties for institutions, institutional review boards and regulators trying to implement the criterion. Main text This paper clarifies how the public interest criterion can be defensibly deployed. We first explain the (...) ethical basis for requiring waivers to only be granted to studies meeting the public interest criterion, then explore how further criteria may be set to determine the extent to which a given study can legitimately claim to be in the public interest. We propose an approach that does not attempt to measure magnitude of benefit directly, but rather takes into account metrics that are more straightforward to apply. To ensure consistent and justifiable interpretation, research institutions and IRBs should also incorporate procedural features such as transparency and public engagement in determining which studies satisfy the public interest requirement. Conclusion The requirement of public interest for consent waivers in secondary biomedical research should be guided by well-defined criteria for systematic evaluation. Such a criteria and its application need to be periodically subject to intra-committee and intra-institution review, reflection, deliberation and amendment. (shrink)

In the Freedom essay, Schelling charges that (1) idealism fails to grasp human freedom’s distinctiveness and that (2) this failure undermines idealism's attempt to refute pantheism, as exemplified by Spinoza. This raises two questions, which I will answer in turn: what, for Schelling, is distinctive of human freedom; and how does the idealists’ failure to grasp it render them unable to refute pantheism? To answer these questions, I will reconstruct Schelling’s argument that freedom has the distinctness of being the unconditioned (...) condition of the world’s intelligibility. My reconstruction will illustrate how Schelling’s notion of freedom as primal will grounds the alleged primacy of practical reason as Kant and Fichte conceive it. I will then consider three objections to Schelling’s argument. Throughout, I will develop the Schellingian idea that freedom is enacted in an unprethinkable decision that cannot be anticipated by any law or principle. (shrink)

Mitochondrial replacement therapy requires oocytes of women whose mitochondrial DNA will be transmitted to resultant children. These techniques are scientifically, ethically and socially controversial; it is likely that some women who donate their oocytes for general in vitro fertilisation usage would nevertheless oppose their genetic material being used in MRT. The possibility of oocytes being used in MRT is therefore relevant to oocyte donation and should be included in the consent process when applicable. In present circumstances, specific consent should be (...) obtained. However, once MRT becomes more routine, such consent could be incorporated into the general consent process for oocyte donation. The reported lack of proper consent for MRT from the oocyte donor in the first baby born via the technique is an ethical failing and should be corrected in any future practice of MRT. (shrink)

It is generally unquestioned that human subjects research review boards should assess the ethical acceptability of protocols. It says so right on the tin, after all: they are explicitly called research ethics committees in the UK. But it is precisely those sorts of unchallenged assumptions that should, from time to time, be assessed and critiqued, in case they are in fact unfounded. John Stuart Mill's objection to suppressers of dissent is instructive here: “If the opinion is right, they are deprived (...) of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error”.1 Andrew Moore and Andrew Donnelly's compelling article, “The job of ‘ethics committees’”, is just this sort of challenge to conventional wisdom, a rejection of the notion that review boards should be considering ethical matters at all.2 If true, we should be substantially reforming our research ethics policies. And if false, rebuttals would help strengthen and ground the otherwise unquestioned assumption of the role of ethics committees. As it happens, I will argue that their critiques fall into the second category. While mistaken, they present a valuable opportunity to clarify the role of ethics committees and their relationship to relevant codes. In particular, I will defend a hybrid account where codes have strict primacy, but leave significant room for review boards …. (shrink)