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 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 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)

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)

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 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)

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)

In recent years, and especially after the outbreak of the global financial crisis, right-wing and left-wing populist parties and movements have enjoyed significant political success in Europe. One of these parties is SYRIZA in Greece. In this paper, we explore some of the particular characteristics of the political discourse articulated by SYRIZA in power. The core argument of the paper is that the Greek radical left party continues to express an inclusionary populist discourse after its rise to power. We examine (...) this issue by utilising the methodology of the Essex School of Discourse Analysis. Moreover, we attempt to substantiate the view that populism does not always have a negative connotation and is not deterministically associated with nationalism or racism. Furthermore, we try to establish whether the concept of "crypto-colonialism” is an important key to understanding the rise of inclusionary populism to power in Greece. Finally, we analyse various manifestations of Greek anti-populism in order to highlight the danger that derives from this kind of stereotypical discourse. (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)

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)

Volume 20, Issue 2, February 2020, Page 20-22.

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)

-- 04.08.2024 -- Intervention held at the XXV World Congress of Philosophy in Rome, Italy -- The aim of this paper is to propose an interpretation of philosophy’s tasks as those of a “critical theoresis”. The formula draws from both Plato’s utilisation of the word ϑεώρησις and Herodotus’ particular use of the verb κρίνω. While the former indicates a cultural dimension that in itself implies an active participation of subjects in the objective social world, the latter expresses an hermeneutical principle (...) that unites the concepts of “explanation” and “interpretation”. Therefore, I intend to use these key-concepts together in order to picture a type of philosophy that tries to underline the criteria of a normative theory that does not fail to assume a critical standpoint in interpreting social reality. (shrink)

-- 05.04.2024 -- Intervention held at the Italian Philosophical Society’s national congress’ section entitled "Texts, Words and Images: Philosophical Traditions and Translations", at Catholic University of the Sacred Heart, Milan, Italy -- -/- The aim of this intervention is to briefly advance an interpretation of the post- COVID19 digitalisation processes as to be recognised within the philosophical framework of Vorstellung Metaphysik, “metaphysics of representation”. I would maintain that the formula, firstly indicated by Martin Heidegger, can provide us with a tool (...) to interpret contemporary culture as founded on an “iteration” of individual and collective consciousness into non-existent digital realities. Moreover, I will argue that these concepts are philosophically relatable to those of alienation and reification that come from Marxist traditions. Ultimately, the analysis will try to use the above mentioned tools to delve into an interpretation of remote working and education as potential carriers of alienation. (shrink)

Resumo A criação de bezerras está entre as atividades mais importantes da pecuária leiteira, pois reflete a genética e a produção do rebanho. Um bom manejo nutricional de novilhas durante a fase recria é essencial para o desenvolvimento ponderal adequado, pois melhora da função imunológica e precocidade reprodutiva. Este estudo teve como objetivo avaliar a relação do peso de novilhas holandesas com a idade na primeira inseminação artificial, primeiro parto e volume de leite produzido na primeira lactação. Foram utilizados os (...) registros de 200 novilhas holandesas submetidas a inseminação artificial em tempo fixo (IATF) em uma fazenda leiteira na região de Lagoa Formosa, MG, no período de janeiro a dezembro de 2020 a 2023, considerando informações sobre de ganho de peso no período de recria até o primeiro serviço idade na IATF e idade ao primeiro parto, produção de leite (em litros) e tempo de lactação. Os registros com as informações foram tabelados no software Exel® e avaliados. As novilhas foram divididas em três (3) grupos de acordo com o ganho de peso alcançado até a primeira inseminação, sendo: grupo A (GA) acima de 390 kg, grupo B (GB) de 360 a 389 kg e grupo C (GC) abaixo de 359 kg. O GA apresentou menor idade na primeira inseminação e no primeiro parto e maior produção de leite, porém a duração da lactação foi menor em relação aos demais grupos. O escore corporal se mostrou determinante para o bom desempenho na reprodução, na produção e na geração de renda ao produtor. -/- Abstract Raising calves is among the most important activities in dairy farming, as it reflects the genetics and production of the herd. Good nutritional management of heifers during the rearing phase is essential for adequate weight development, as it improves immune function and reproductive precocity. This study aimed to evaluate the relationship between the weight of Holstein heifers and age at first artificial insemination, first calving and volume of milk produced in the first lactation. We used the records of 200 Holstein heifers submitted to fixed-time artificial insemination (FTAI) on a dairy farm in the region of Lagoa Formosa, MG, from January to December 2020 to 2023, considering information on weight gain in the period from rearing to first service age at TAI and age at first calving, milk production (in liters) and lactation time. The records with the information were tabulated in the Exel® software and evaluated. The heifers were divided into three (3) groups according to the weight gain achieved until the first insemination, being: group A (GA) above 390 kg, group B (GB) from 360 to 389 kg and group C (GC) below 359 kg. The GA showed a younger age at first insemination and first birth and higher milk production, but the duration of lactation was shorter compared to the other groups. Body score proved to be decisive for good performance in reproduction, production and income generation for the producer. -/- Resumen La cría de terneros es una de las actividades más importantes en la ganadería lechera, ya que refleja la genética y la producción del rebaño. Un buen manejo nutricional de las novillas durante la fase de cría es esencial para un adecuado desarrollo del peso, ya que mejora la función inmune y la precocidad reproductiva. Este estudio tuvo como objetivo evaluar la relación entre el peso de las vaquillonas Holstein y la edad a la primera inseminación artificial, primer parto y el volumen de leche producida en la primera lactancia. Se utilizaron los registros de 200 novillas Holstein sometidas a inseminación artificial en tiempo fijo (FTAI) en una granja lechera de la región de Lagoa Formosa, MG, de enero a diciembre de 2020 a 2023, considerando información sobre ganancia de peso en el período de recría a primera edad de servicio en TAI y edad al primer parto, producción de leche (en litros) y tiempo de lactancia. Los registros con la información fueron tabulados en el software Exel® y evaluados. Las vaquillonas se dividieron en tres (3) grupos de acuerdo a la ganancia de peso lograda hasta la primera inseminación, siendo: grupo A (GA) por encima de 390 kg, grupo B (GB) de 360 a 389 kg y grupo C (GC) por debajo de 359 kg. El AG mostró una menor edad a la primera inseminación y al primer parto y mayor producción de leche, pero la duración de la lactancia fue menor en comparación con los otros grupos. La puntuación corporal resultó ser determinante para un buen desempeño en la reproducción, la producción y la generación de ingresos para el productor. (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)

Amazon Book Review Series of “Wild Wise Weird”.

Materialism in the philosophy of mind — materialismPM — is the view that everything mental is material (or, equivalently, physical). Consciousness — pain, emotional feeling, sensory experience, and so on — certainly exists. So materialismPM is the view that consciousness is wholly material. It has, historically, nothing to do with denial of the existence of consciousness. Its heart is precisely the claim that consciousness — consciousness! — is wholly material. [2] ‘Physicalism’, the view introduced by members of the Vienna Circle (...) in the late 1920s, also has nothing to do with denial of the existence of consciousness. [3] Recently the words ‘materialism’ and ‘physicalism’ have come to be treated as synonymous, and as names for a position in the philosophy of mind that does involve denial of the existence of consciousness. They’ve been used to name a position that (i) directly rejects the heart of materialism (materialismPM) and (ii) is certainly false. This is a pity, because they’re good terms for a view that is very likely true. (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 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 is a critical examination of Stephen Neale's *The Philosophical Significance of Godel's slingshot*. I am sceptical of the philosophical significance of Godel’s Slingshot (and of Slingshot arguments in general). In particular, I do not believe that Godel’s Slingshot has any interesting and important philosophical consequences for theories of facts or for referential treatments of definite descriptions. More generally, I do not believe that any Slingshot arguments have interesting and important philosophical consequences for theories of facts or for referential (...) treatments of definite descriptions. Friends of facts and referential treatments of definite descriptions can, and should, proceed with the construction of their theories, blithely ignoring the many Slingshots which now litter the landscape. (Of course, there may be other considerations which should give such theorists pause -- but those are other considerations.). (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)

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 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)

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)

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)

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)

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)

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)

A precursor to the hard problem of consciousness confronts nihilism. Like physicalism, nihilism collides with the first-personal fact of what perception and action are like. Unless this problem is solved, nature’s inclusion of conscious experience will remain, as Chalmers warns the physicalist, an “unanswered question” and, as Jacobi chides the nihilist, “completely inexplicable". One advantage of Kant’s Copernican turn is to dismiss the question that imposes this hard problem. We need not ask how nature is accompanied by the first-person standpoint (...) because “I think” is an apperceptive form of thinking that must be able to accompany any cognition of nature. Kant’s formal conception of apperception worries Fichte in his Nova Methodo lectures. This conception arguably cannot exhaust the ground of experience, for it does not show why we posit objects “at all". For Fichte, it is our agency that first opens a world of objects, viz., as subjects, means, ends, and obstacles. In what follows, I argue that, for Fichte, the I poses no hard problem because it collides exclusively with nihilistic views like Spinozism, which are refuted by a properly transcendental idealist conception of apperception, according to which the first-person standpoint is the absolute ground of our experience of nature. If transcendental idealism refutes nihilism, nature is no more explicable than that there is something it is like for me to perceive and act. In Section 1, I show why Kantian apperception is necessary for possible experience. In Section 2, I reconstruct Fichte’s argument that a modified conception of apperception refutes guises of nihilism, thereby solving the hard problem of consciousness. In Section 3, I suggest that transcendental idealism undermines Chalmers’ proposed solution to and Dennett’s dismissal of this problem. (shrink)

Our understanding of Schelling’s internal critique of German idealism, including his late attack on Hegel, is incomplete unless we trace it to the early “Philosophical Letters on Dogmatism and Criticism,” which initiate his engagement with the problem of systematicity—that judgment makes deriving a system of a priori conditions from a first principle necessary, while this capacity’s finitude makes this impossible. Schelling aims to demonstrate this problem’s intractability. My conceptual aim is to reconstruct this from the “Letters,” which reject Fichte’s claim (...) that the Wissenschaftslehre is an unrivalled system. I read Schelling as charging Fichte with misrepresenting a system’s livability or commensurability with our finitude. My historical aim is to provide a framework for understanding Schelling’s Freiheitsschrift, which argues that a system’s liveability depends on its incompleteness or limitation by our finitude. On my reading, Schelling is early and continually committed to systematicity within the bounds of human finitude. (shrink)

"It is the purpose of this article to attempt to re-examine the account of Thrasymachus' doctrine in Plato's Republic, and to show how it can form a self-consistent whole. [...] In this paper it is maintained that Thrasymachus is holding a form of [natural right]." Note: Volume 40 = new series 9.

Scholars agree that Schelling’s critique of Hegel consists in charging reason with an inability to account for its own possibility. This is not an attack on reason’s project of constructing a logical system, but rather on the pretense of doing so with complete justification and so without presuppositions, as if it were obvious why there is a logical system or why there is anything meaningful at all. Scholars accordingly cite the question ‘why is there something rather than nothing’ as emblematic (...) of Schelling’s critique and the source of his claim against Hegel that reason is bounded by something other than itself. But what sort of claim is this? For what sort of argument could it be the conclusion? On these questions, the literature is lacking. I propose that the question ‘why something’ motivates Schelling to give a transcendental argument to the effect that past and future are a priori conditions of the possibility of reason. As I reconstruct it from the Weltalter, this argument construes the past as the pre-rational decision to construct a logical system, while the future represents the purpose that guides the construction of the same. Schelling’s claim against Hegel that reason is bounded by something other is thus the discovery of inescapable presuppositions that condition the possibility of reason as such. (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)

Aristotle argued that you need some wealth to live well. The Stoics argued that you could live well with or without wealth. But the Cynics argued that wealth is a hinderance. For the Cynics, a good life consists in self-sufficiency, or being able to rule and help yourself. You accomplish this by living simply and naturally, and by subjecting yourself to rigorous philosophical exercises. Cynics confronted people to get them to abandon extraneous possessions and positions of power to live better. (...) And while the Cynics were experts in living in this way, their ascetic lifestyles made their message curious to some audiences. This paper reflects on Cynic ascetic practices and the ways others perceived them. (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)

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)

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)

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)

Volume 19, Issue 7, July 2019, Page 28-30.

The acceptance of causal closure has had a profoundly limiting effect on the philosophical treatment of sui generis mental causation in recent decades. Philosophical treatments of special divine action have been likewise hampered by a widespread commitment to closure. If fundamental reality is as closure tells us it is, then nonphysical minds—human and divine— are either causally impotent or redundant. In this paper, I reject this limitation as baseless. Specifically, I will show how Hempel’s dilemma poses a far greater challenge (...) when applied to a causal closure principle than it did to the task of defining physicalism. Reponses to the dilemma can be used to disambiguate closure, but not without significant cost. In light of Hempel’s dilemma, there is no conception of closure that can do all of the following: rule out sui generis mental causation, have a reasonable chance of being true, and avoid problematic circularity. At the end of the day, I maintain that closure, properly understood, is, or ought to be, just one methodological stance among many. If this is correct, it is a stance that a theist can freely reject. (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)

This paper argues that McDowell wrongly assumes that “terror”, Cavell’s reaction to the radical contingency of our shared modes of knowing or our “attunement”, expresses a skepticism that is antinomically bound to an equally unacceptable dogmatism because Cavell rather regards terror as a mood that reveals the “truth of skepticism”, namely, that there is no conclusive evidence for necessary attunement on pain of a category error, and that a precedent for McDowell’s misunderstanding is Hegel’s argument for necessary attunement in a (...) system of knowing, whose refutation Schelling holds it is the “merit of skepticism” to provide. (shrink)