: This article critically examines the constitution of impairment in prenatal testing and screening practices and various discourses that surround these technologies. While technologies to test and screen prenatally are claimed to enhance women's capacity to be self-determining, make informed reproductive choices, and, in effect, wrest control of their bodies from a patriarchal medical establishment, I contend that this emerging relation between pregnant women and reproductive technologies is a new strategy of a form of power that began to emerge in (...) the late eighteenth century. Indeed, my argument is that the constitution of prenatal impairment, by and through these practices and procedures, is a widening form of modern government that increasingly limits the field of possible conduct in response to pregnancy. Hence, the government of impairment in utero is inextricably intertwined with the government of the maternal body. (shrink)

The debate on the argumentative turn in Public Policy and Administration (PPA), as reflective of the influence of politico-legal theory on the discipline, is reviewed with a thorough and indepth engagement with the Argumentation Theory (AT) literature. The focus in this article is in fact of a methodological nature since we argue that critical scholars - who have contributed to the general and specialized (i.e. political discourse analysis and critical contextualism) literature of AT as well as politico-legal theory - pave (...) the way to a novel methodology which will be exemplified through the analysis of the transparency concept. (shrink)

Victims of oppression are often called to let go of their anger in order to facilitate better discussion to bring about the end of their oppression. According to Amia Srinivasan, this constitutes an affective injustice. In this paper, we use research on emotion regulation to shed light on the nature of affective injustice. By drawing on the literature on emotion regulation, we illustrate specifically what kind of work is put upon people who are experiencing affective injustice and why it is (...) damaging. We begin by explaining affective injustice and how it can amount to a call for emotion regulation. Then we explain the various techniques that can be used to regulate emotions and explain how each might be harmful here. In the penultimate section of the paper, we explain how the upshot of this is that victims of affective injustice are left with a dilemma. Either they try to regulate their anger in a way that involves ignoring the fact of their oppression or they regulate it in a way that is likely to be harmful for them. Finally, we consider whether there are any good solutions to this dilemma, and how this issue opens up the possibility for further research into emotion regulation and moral philosophy. (shrink)

John Fischer has recently argued that the value of acting freely is the value of self-expression. Drawing on David Velleman’s earlier work, Fischer holds that the value of a life is a narrative value and free will is valuable insofar as it allows us to shape the narrative structure of our lives. This account rests on Fischer’s distinction between regulative control and guidance control. While we lack the former kind of control, on Fischer’s view, the latter is all that (...) is needed for self-expression. I first develop Fischer’s narrative account, focusing on his reliance on temporal loops as giving us control over the value of our lives. Second, I argue that the narrative account grants us greater power over the past than Fischer would allow: since narrative allows not only for changes in how we feel about episodes in our past but what those episodes in fact were, it allows for a kind of retroactive self-constitution. Finally, I suggest that this modification of the narrative view opens the possibility of a conception of freedom far stronger than guidance control. It does not give us the libertarian control over whether to choose A or B in the present, but it does provide a measure of control over the sort of person an agent has been, and thus whether she is the sort of person who will choose A or B in the future. (shrink)

Endocrinologists apply the idea of feedback loops to explain how hormones regulate certain bodily functions such as glucose metabolism. In particular, feedback loops focus on the maintenance of the plasma concentrations of glucose within a narrow range. Here, we put forward a different, organicist perspective on the endocrine regulation of glycaemia, by relying on the pivotal concept of closure of constraints. From this perspective, biological systems are understood as organized ones, which means that they are constituted of a set of (...) mutually dependent functional structures acting as constraints, whose maintenance depends on their reciprocal interactions. Closure refers specifically to the mutual dependence among functional constraints in an organism. We show that, when compared to feedback loops, organizational closure can generate much richer descriptions of the processes and constraints at play in the metabolism and regulation of glycaemia, by making explicit the different hierarchical orders involved. We expect that the proposed theoretical framework will open the way to the construction of original mathematical models, which would provide a better understanding of endocrine regulation from an organicist perspective. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at (...) least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political deliberations in (...) Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (shrink)

Many have claimed that legitimate constitutional democracy is either conceptually or practically impossible, given infinite regress paradoxes deriving from the requirement of simultaneously democratic and constitutional origins for legitimate government. This paper first critically investigates prominent conceptual and practical bootstrapping objections advanced by Barnett and Michelman. It then argues that the real conceptual root of such bootstrapping objections is not any specific substantive account of legitimacy makers, such as consent or democratic endorsement, but a particular conception of the logic of (...) normative standards—the determinate threshold conception—that the critic attributes to the putatively undermined account of legitimacy. The paper further claims that when we abandon threshold conceptions of the logic of legitimacy in favor of regulative-ideal conceptions, then the objections, from bootstrapping paradoxes to the very idea of constitutional democracy, disappear. It concludes with considerations in favor of adopting a more demanding conception of the regulative ideal of constitutional democracy, advanced by Habermas, focusing on potentials for developmental learning. (shrink)

Duties constitute an integral part of the constitutional scheme of values. The nature and influence of duties is of great interest to practitioners and scholars. The literature on the subject is primarily concerned with the exactness of duties as operational values within constitutions. In general, Bauer and Bolsinger attribute three functions to constitutional values. Namely, they regulate by directing human action at the desired target, enabling legitimation and justification of actions, and simplifying decision-making. While debating whether duties have a functional (...) quality, several questions gain prime importance. To name a few- do constitutional duties enable positive action? Is there a universal binding framework on duties? How are duties related to other constitutional values within constitutions? Are duties within constitutions interpreted in light of international standards? Are there unenumerated or un-written duties? etc. (shrink)

Psychopathic individuals are characterized by impaired affective processing, impulsivity, sensation-seeking, poor planning skills and heightened aggressiveness with poor self-regulation. Based on brain self-regulation studies using neurofeedback of Slow Cortical Potentials (SCPs) in disorders associated with a dysregulation of cortical activity thresholds and evidence of deficient cortical functioning in psychopathy, a neurobiological approach seems to be promising in the treatment of psychopathy. The results of our intensive brain regulation intervention demonstrate, that psychopathic offenders are able to gain control of their brain (...) excitability over fronto-central brain areas. After SCP self-regulation training, we observed reduced aggression, impulsivity and behavioral approach tendencies, as well as improvements in behavioral-inhibition and increased cortical sensitivity for error-processing. This study demonstrates improvements on the neurophysiological, behavioral and subjective level in severe psychopathic offenders after SCP-neurofeedback training and could constitute a novel neurobiologically-based treatment for a seemingly change-resistant group of criminal psychopaths. (shrink)

Research in multi-agent systems typically assumes a regulative model of social practice. This model starts with agents who are already capable of acting autonomously to further their individual ends. A social practice, according to this view, is a way of achieving coordination between multiple agents by restricting the set of actions available. For example, in a world containing cars but no driving regulations, agents are free to drive on either side of the road. To prevent collisions, we introduce driving (...) regulations, insisting that everyone drives on the left hand side of the road. We accept this limitation on our freedom because it lowers the probability of a collision. -/- This paper describes AI systems that are based on the constitutive view of social practice. According to this alternative view, there are certain actions that are only available to the agent because he is participating in a practice of a certain sort. For example, you can swing a peculiarly shaped piece of wood without participating in any particular practice - but this action will only constitute a strike if you are participating in a game of baseball. I can raise my hand whenever I like, but this only counts as voting for the motion within the institution of voting. But not all the examples are from frivolous, optional or institutional activities. Sellars and Brandom argue that even the fundamental act of assertion is only possible within the context of a particular social practice: the Game of Giving and Asking for Reasons. -/- The constitutive view, which is familiar to philosophers, is relatively unknown within the AI community. -/- The central aim of this paper is to show how the constitutive view of practice can be put to use in AI applications. (shrink)

The dignity approach to racist hate speech regulation maintains that hate speech ought to be regulated because it impugns targets’ dignity and poses a threat to their equal treatment. This approach faces the significant causal challenges of showing that hate speech has the power to erode its targets’ dignity and that regulations can successfully protect that dignity. My aim is to show how a friend of the dignity approach can resolve these challenges. To do so, I borrow insights from the (...) critical legal studies (CLS) approach to hate speech. Specifically, I argue that hate speech can erode its targets’ dignity 1) by constituting an act of discrimination, and 2) by enacting norms that call for treating targeted groups as inferior. Yet while I maintain that the CLS approach offers valuable resources for shoring up the dignity approach, I reject the CLS approach in favor of the dignity approach. (shrink)

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that (...) once we understand the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (shrink)

How comes that two organisms can interact with each other or that we can comprehend what the other experiences? The theories of embodiment, intersubjectivity or empathy have repeatedly taken as their starting point an individualistic assumption (the comprehension of the other comes after the self-comprehension) or a cognitivist one (the affective dimension follows the cognitive process). The thesis of this book is that there are no two isolated entities at the origin which successively interact with each other. There is, rather, (...) an impersonal stratum – the original affectivity (Gefühlsdrang) – which lets the living organisms be constitutively attuned with the expressive dimension of the life from the very beginning. The book aims to rethink the issue of corporality on the basis of a biosemiotics of the interaction between lived body (Leib) and environment (Umwelt). The human emotions reveals themselves as devices that experiment further attunement levels and expose the human being – because of her ex-centricity – to the alienation in various forms of the psychopathological existence. This is an unprecedented perspective that turns to psychopathology to reread against the light the watermark weaving the structure of personal singularity. What emerges is an intermediate territory confining both with philosophy and psychiatry: the psychopathology of ordo amoris. The author advances the project of a new psychopathology of ordo amoris, not only tackling with the 19th-century tradition of psychiatry and phenomenological psychopathology, but also with the contemporary disputes on intersubjectivity in phenomenology and with those on schizophrenia as disruption of aida or as disembodiment process in psychiatry. What results from his project is the first systematic study on the international level showing the relevance of Schelerian concepts of body schema (Leibschema) and order of feeling (ordo amoris) to understand the disruptions of emotional regulation on the psychopathological dimension as well as on the formation process of the singularity. (shrink)

Locke's claims about the "inadequacy" of substance-ideas can only be understood once it is recognized that the "sort" represented by such an idea is not wholly determined by the idea's descriptive content. The key to his compromise between classificatory conventionalism and essentialism is his injunction to "perfect" the abstract ideas that serve as "nominal essences." This injunction promotes the pursuit of collections of perceptible qualities that approach ever closer to singling out things that possess some shared explanatory-level constitution. It is (...) in view of this norm regulating natural-historical inquiry that a substance-idea represents a sort for which some such constitution serves as the "real essence," i.e. as that on which all the sort's characteristic "properties" depend. (shrink)

Moral realism and ethical naturalism are both highly attractive ethical positions but historically they have often been thought to be irreconcilable. Since the late 1980s defenders of Cornell Realism have argued that the two positions can consistently be combined. They make three constitutive claims: (i) Moral properties are natural kind properties that (ii) are identical to (or supervene) on descriptive functional properties, which (iii) causally regulate our use of moral terms. We offer new arguments against the feasibility of Cornell (...) realism and then show that there is a way to be a naturalistic realist that avoids internal inconsistency and uniquely provides for moral normativity. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, 2007, on (...) which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

Constitutivists seek to locate the metaphysical foundations of ethics in nonnormative facts about what is constitutive of agency. For most constitutivists, this involves grounding authoritative norms in the teleological structure of agency. Despite a recent surge in interest, the philosophical move at the heart of this sort of constitutivism remains underdeveloped. Some constitutivists—Foot, Thomson, and Korsgaard (at least in her recent *Self-Constitution*)—adopt a broadly Aristotelian approach. They claim that the functional nature of agency grounds normative judgments about agents in (...) much the same way that the functional natures of artifacts and bodily organs ground normative judgments about those kinds of things. I argue that the neo-Aristotelian conclusions about goodness which follow so straightforwardly from teleological premises are not genuinely normative. Functions are not by their very nature normatively significant. Other constitutivists—notably J. David Velleman and Paul Katsafanas—eschew Aristotelian talk of functions in favor of an approach based on the idea that agency has a constitutive aim. Velleman and Katsafanas both claim that aims are normatively significant. I argue that the fact that agency has a constitutive aim is merely a fact about the motives that produce and regulate actions. And so we are still left with a gap between the teleological and the normative. I conclude by suggesting that constitutivists have failed to find a way to bridge this gap not because none exists, but rather because they have been looking in the wrong place. The constitutivist project can be salvaged, but only if it is supplemented with a reductive metanormative account of reasons for action, an account that links reasons to sound or successful practical reasoning. (shrink)

Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes of conduct, (...) we aim to highlight the role of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. -/- Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. -/- Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. -/- Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct. (shrink)

I argue that considerations pertaining to constitutive luck undermine historicism—the view that an agent’s history can determine whether or not she is morally responsible. The main way that historicists have motivated their view is by appealing to certain cases of manipulation. I argue, however, that since agents can be morally responsible for performing some actions from characters with respect to which they are entirely constitutively lucky, and since there is no relevant difference between these agents and agents who have (...) been manipulated into acting from a character bestowed upon them by their manipulators, we should give up historicism. After presenting this argument and defending it against some potential objections, I briefly criticize the standard structuralist alternative and propose a new structuralist position that is shaped by reflection on constitutive luck. (shrink)

This paper will examine the nature of mechanisms and the distinction between the relevant and irrelevant parts involved in a mechanism’s operation. I first consider Craver’s account of this distinction in his book on the nature of mechanisms, and explain some problems. I then offer a novel account of the distinction that appeals to some resources from Mackie’s theory of causation. I end by explaining how this account enables us to better understand what mechanisms are and their various features.

This paper aims to study the configuration of a constitutional procedural status for consumers in the European Court ofJustice case law. Although we can see Consumer Protection primary asan instrument to develop the EU interna! market, it is also a relevant instrument to define the Individual Economic Status of EU citizens and residents as equality players in the EU market. Firstly, we will point out our motivation and objectives of the paper. After that we will explain our methodology, and we (...) will study the EU regulation bases and the concept of consume. Finally, we will analyse the relevant case law which developed the EU constitutional procedural status for EU consumers. (shrink)

There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for legal (...) regulation or prohibition. So pervasive is this understanding of legal intervention in human affairs, that it is common now to encounter arguments in favour of permissive laws on, for example, private drug use, pornography, sexual and reproductive choice, based on the idea that to intervene in these areas would constitute a breach of the liberal ideal. The only alternative to modern liberal autonomy is assumed to be radical oppression, in which the State intervenes in the individual’s life to impose unwarranted measures designed to further its own ends. The legacy of Stalin, Hitler and other modern tyrants has undermined conceptual appeals to the common good. So widespread is this liberal assumption in the Western, English-speaking world that critics of the outlook embodied by MLA are customarily regarded with suspicion and charged with paternalism, narrow-mindedness and intolerance. Laing highlights contradictions inherent in the modern liberal tradition. She argues that there is a certain reliance on the notion of the common good within the natural law tradition that is instructive. According to this view, the common good constitutes a mean between two extremes: on the one hand, contemporary liberalism’s over-insistence on radical individual autonomy and, on the other hand, totalitarianism’s over-emphasis on collective social benefit. There is, I will argue, substantial terrain between the conceptual excesses of modern liberalism and oppressive tyranny that needs to be acknowledged and discussed. (shrink)

It is generally agreed that for blame to be appropriate the wrongdoer must be blameworthy. However, blameworthiness is not sufficient for appropriate blame. It has been argued that for blame to be appropriate the blamer must have standing to blame. Philosophers writing on the topic have distinguished several considerations that might defeat someone’s standing to blame. This paper examines the underexplored consideration of how personal relationships can influence who has the standing to express blame. We seem to assume that if (...) we do not stand in the right relation to the wrongdoer, it is not our business to blame them. I identify three challenges to this view. First, we do not know what is wrong with meddling (whether it is morally or prudentially wrong). Second, there are cases where we have no close relation to the wrongdoer, but where we seem to have standing nonetheless – murder and other serious moral offences are examples of this. Third, we don’t seem to have a clear conception of what ‘standing’ means, and this makes it hard to see how discussion on standing can help us determine the propriety of blame. This paper defends the notion of standing as a propriety condition on blame in cases of meddling. I argue that personal relationships influence who has the standing to blame through constitution of relationship-specific norms; and that the role these norms play in developing and regulating our relationships can explain why meddlesome blame is morally wrong. (shrink)

William Oliver Martin published "The Order and Integration of Knowledge" in 1957 to address the problem of the nature and the order of various kinds of knowledge; in particular, the theoretical problem of how one kind of knowledge is related to another kind. Martin characterizes kinds of knowledge as being either autonomous or synthetic. The latter are reducible to two or more of the autonomous (or irreducible) kinds of knowledge, viz., history (H), metaphysics (Meta), theology (T), formal logic (FL), mathematics (...) (Math), and generalizations of experimental science (G). Metaphysics and theology constitute the two domains of the ontological context while history and experimental science are the two domains of the phenomenological context. The relation of one kind of knowledge to another may be instrumental, constitutive, and/or regulative. For instance, historical propositions are constitutive of G, metaphysical propositions are regulative of G, and propositions in formal logic and mathematics are instrumental to G. Theological propositions are not related to G and so there is no conflict between science and theology. Martin's work sheds light on the possible areas of incompatibility between science and religion. (shrink)

In this paper I analyze the theory of legitimacy at the core of John Rawls’ political liberalism. Rawls argues that a political system is well grounded when it is stable. This notion of stability embodies both pragmatic and moral elements, each of which constitutes a key desideratum of Rawlsian liberal legitimacy. But those desiderata are in tension with each other. My main claim is that Rawls’ strategy to overcome that tension through his theory of public justification is ultimately unsuccessful, because (...) the account of consensus it envisages is unstably placed between the extremes of moralized redundancy and pragmatic free-for-all. In other words, what counts as consensus is either regulated too tightly, or not enough. -/- . (shrink)

A narrative review of the major evidence concerning the relationship between emotional regulation and depression was conducted. The literature demonstrates a mediating role of emotional regulation in the development of depression and physical illness. Literature suggests in fact that the employment of adaptive emotional regulation strategies (e.g., reappraisal) causes a reduction of stress-elicited emotions leading to physical disorders. Conversely, dysfunctional emotional regulation strategies and, in particular, rumination and emotion suppression appear to be influential in the pathogenesis of depression and physiological (...) disease. More specifically, the evidence suggests that depression and rumination affect both cognitive (e.g., impaired ability to process negative information) and neurobiological mechanisms (e.g., hypothalamic pituitary adrenal axis overactivation and higher rates of cortisol production). Understanding the factors that govern the variety of health outcomes that different people experience following exposure to stress has important implications for the development of effective emotion-regulation interventional approaches (e.g., mindfulness-based therapy, emotion-focused therapy, and emotion regulation therapy). (shrink)

The distinction between the regulative (‘practical’, ‘subjective’, ‘decision-procedural’) and the theoretical (‘objective’, ‘absolute’) pertains to the aims (the desiderata) of an account of justification. This distinction began in ethics and spread to epistemology. Each of internalism, externalism, is separately forced to draw this distinction to avoid a stock, otherwise fatal, argument levelled against them by the other. Given this situation however, we may finesse much partisan conflict in epistemology by simply seeing differing accounts of justification as answering to radically (...) distinct desiderata of adequacy. We should see knowledge as answering to the theoretical desideratum of adequacy alone; and rationality as answering to the regulative desideratum of adequacy alone. Objections to this ‘Gordian’ [knot] approach to epistemology (from virtues theorists and others) are rejected. Such an approach may make for accounts that violate our ordinary language intuitions; but in developing an epistemological axiology, any such intuitions are not to the point. (shrink)

In this chapter I identify three problems affecting the plausibility of group privacy and argue in favour of their resolution. The first problem concerns the nature of the groups in question. I shall argue that groups are neither discovered nor invented, but designed by the level of abstraction (LoA) at which a specific analysis of a social system is developed. Their design is therefore justified insofar as the purpose, guiding the choice of the LoA, is justified. This should remove the (...) objection that groups cannot have a right to privacy because groups are mere artefacts (there are no groups, only individuals) or that, even if there are groups, it is too difficult to deal with them. The second problem concerns the possibility of attributing rights to groups. I shall argue that the same logic of attribution of a right to individuals may be used to attribute a right to a group, provided one modifies the LoA and now treats the whole group itself as an individual. This should remove the objection that, even if groups exist and are manageable, they cannot be treated as holders of rights. The third problem concerns the possibility of attributing a right to privacy to groups. I shall argue that sometimes it is the group and only the group, not its members, that is correctly identified as the correct holder of a right to privacy. This should remove the objection that privacy, as a group right, is a right held not by a group as a group but rather by the group’s members severally. The solutions of the three problems supports the thesis that an interpretation of privacy in terms of a protection of the information that constitutes an individual—both in terms of a single person and in terms of a group—is better suited than other interpretations to make sense of group privacy. (shrink)

This paper considers an argument from Rosenberg (Thinking about Knowing, 2002) that truth is not and cannot be the aim of belief. Here, I reconstruct what I take to be the most well worked out version of this idea tracing back to Rorty and Davidson. In response, I also distinguish two things the truth-aim could be: a goal regulating our executable epistemic conduct and an end which determines the types of evaluation, susceptibility to which is partially constitutive of what (...) a belief is. (shrink)

Whether and to what extent Ernst Cassirer’s philosophy of culture contains a normative element for the proper evaluation of symbolic forms is a central question in Cassirer interpretation. In this paper, my aim is to specify the nature of this normative element. I not only assert the existence of a real normative dimension in the philosophy of culture, but also specify the nature of its main element: the concept of freedom. The concept of freedom in Cassirer is by no means (...) an explicit facet of his systematic thought. However, this does not indicate that this is not an important part of his system. Rather, it might mean that Cassirer either thought it so basic he didn’t need to explicate it or he thought that it would be made clear through his exposition of symbolic forms. I will proceed by arguing for a “normative space” in Cassirer’s philosophy of culture. By “normative space” I mean a certain limitation to the philosophy of culture that makes room for the free act of the cultural agent for which she is responsible. In other words, by “normative space” I mean to suggest that Cassirer meant to leave room, and a prominent seat, for the normative element in the philosophy of culture. After establishing this, I will suggest that this normative task in the philosophy of culture is, from a first-person perspective, inevitably connected to the descriptive task, but from a third-person perspective, conceptually distinct. I will then move to better define what I take to be the main value of the normative task: freedom. The freedom that Cassirer defends is an ethical conception understood as both a constitutive norm for cultural action and a regulative ideal for the evaluation of cultural objects. Understanding freedom in this way allows us to conceive of it both as a fundamental phenomenon and an evaluative standard. (shrink)

The regulation of the interfaces of private and public interests is a central and recurrent issue of modern law. The centrality of the distinction and the manifold conceptual and practical problems associated with it has moreover been exacerbated over the past fifty years through the dominance of the twin-episteme of law constituted by law and economics and human rights law. Against this background, an alternative approach to and concept of law, transformative law, is briefly introduced. An approach which implies replacing (...) the notions of private and public interests with the concepts of legally constituted public power and societal power. In order to analyse the potential and limits of transformative law, five legal phenomena, central to the other contributions to this special issue, are analysed: public interest litigation; legal mobilisation in the preliminary ruling procedure; bankruptcy proceedings; third-party litigation and the Meta Oversight Board. (shrink)

This paper discusses the epistemic status of biology from the standpoint of the systemic approach to living systems based on the notion of biological autonomy. This approach aims to provide an understanding of the distinctive character of biological systems and this paper analyses its theoretical and epistemological dimensions. The paper argues that, considered from this perspective, biological systems are examples of emergent phenomena, that the biological domain exhibits special features with respect to other domains, and that biology as a discipline (...) employs some core concepts, such as teleology, function, regulation among others, that are irreducible to those employed in physics and chemistry. It addresses the claim made by Jacques Monod that biology as a science is marginal. It argues that biology is general insofar as it constitutes a paradigmatic example of complexity science, both in terms of how it defines the theoretical object of study and of the epistemology and heuristics employed. As such, biology may provide lessons that can be applied more widely to develop an epistemology of complex systems. (shrink)

Physicalism as a metaphysical or ontological concept has maintained a dominant position since the second half of the last century to the present day. The claim that everything is physically constituted often accompanies microphysical reductionism, which assumes the existence of fundamental laws to which everything is reducible. In this context, a question regarding the status and possible autonomy of the laws of special sciences arises. The article focuses on the basic philosophical discussions between the strong, weak, and non-reductive physicalism that (...) treat the laws of special sciences in different ways, but none of which can be considered sufficiently convincing and successful. The article seeks to prove the existence of a universal mechanism that leads to the emergence of new and complex entities and regulations of their behaviour, thus justifying the autonomous status of special sciences and laws. (shrink)

Lange argues that some natural phenomena can be explained by appeal to mathematical, rather than natural, facts. In these “distinctively mathematical” explanations, the core explanatory facts are either modally stronger than facts about ordinary causal law or understood to be constitutive of the physical task or arrangement at issue. Craver and Povich argue that Lange’s account of DME fails to exclude certain “reversals”. Lange has replied that his account can avoid these directionality charges. Specifically, Lange argues that in legitimate (...) DMEs, but not in their “reversals,” the empirical fact appealed to in the explanation is “understood to be constitutive of the physical task or arrangement at issue” in the explanandum. I argue that Lange’s reply is unsatisfactory because it leaves the crucial notion of being “understood to be constitutive of the physical task or arrangement” obscure in ways that fail to block “reversals” except by an apparent ad hoc stipulation or by abandoning the reliance on understanding and instead accepting a strong realism about essence. (shrink)

This paper puts forward an account of imaginative immersion. Elaborating on Kendall Walton’s thesis that imagining aims at the fictional truth, it first argues that imaginings are inherently rule- or norm-governed: they are ‘regulated’ by that which is presented as fictionally true. It then shows that an imaginer can follow the rule or norm mandating her to imagine the propositions presented as fictional truths either by acquiring explicit beliefs about how the rule (norm) is to be followed, or directly, without (...) acquiring such beliefs. It proceeds to argue that to the extent that an imaginer follows this rule (norm) without holding such beliefs, she is more immersed in her imaginings. The general idea is that immersion in an activity is a matter of following rules or norms that apply to that activity without explicitly thinking about how to follow them, that is, without ‘doxastic mediation.’ Lastly, the paper shows that this thesis can explain various features associated with imaginative immersion, such as the sort of attentiveness it involves, the emotional response it generates, and its relation to spoilers. (shrink)

Drug regulation is fraught with inductive risk. Regulators must make a prediction about whether or not an experimental pharmaceutical will be effective and relatively safe when used by typical patients, and such predictions are based on a complex, indeterminate, and incomplete evidential basis. Such inductive risk has important practical consequences. If regulators reject an experimental drug when it in fact has a favourable benefit/harm profile, then a valuable intervention is denied to the public and a company’s material interests are needlessly (...) thwarted. Conversely, if regulators approve an experimental drug when it in fact has an unfavourable benefit/harm profile, then resources are wasted, people are needlessly harmed, and other potentially more effective treatments are underutilized. Given that such regulatory decisions have these practical consequences, non-epistemic values about the relative importance of these consequences impact the way such regulatory decisions are made (similar to the analysis of laboratory studies on the toxic effects of dioxins presented in Douglas [2000]). To balance the competing demands of the pertinent non-epistemic values, regulators must perform what I call an “inductive risk calculus.” At least in the American context this inductive risk calculus is not well-managed. (shrink)

This essay focuses on the interrelationship of regulation and private life in human rights. It argues three main points. Article 8 connects the question of protection of private lives and privacies with the question of their management. Thus, Article 8 orients regulatory practices to private lives and privacies. Article 8’s holders are autonomous to the extent that laws respect their private lives and privacies. They are not autonomous in a ‘pre-political’ sense, where we might expect legal rules to protect an (...) already autonomous private life or privacy. Article 8 does not simply prohibit or permit acts. In certain cases, it also ‘enables’ acts. Then, this essay introduces the idea of oikopolitics. This idea allows us to capture these three points in a useful manner. By this idea, this essay means the context where the interpretation of privacy reaches out to broader social practices and norms and where the status of rights-holders living their private lives makes them objects of attention. (shrink)

Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that seem reasonable to (...) us to defend ourselves: we are bound to the law duly enacted according to the original Constitution to which we consented. For Locke, how best to avoid dissolution of government and preserve individual liberty is for the people to judge collectively, unconstrained by natural proscriptions on gun regulations, limited only by the demands that government not be arbitrary and that it serve the public good. (shrink)

At the center of the hate speech controversy is the question whether it constitutes conduct. If hate speech is not conduct, then restricting it runs counter to free speech. But even if it could be shown that it is a kind of conduct, complicated questions arise. Does it necessarily follow that we restrict speech? Practically speaking, can speech even be restricted, either through new legislation or the enforcement of existing laws regulating conduct? Are measures such as hate crimes legislation both (...) useful and appropriate in protecting individuals and groups from violence? The present paper aims to address these questions by reconstructing and assessing Judith Butler’s important treatment of speech-acts and hate speech in her book Excitable Speech: The Politics of the Performative. (shrink)

An experimental paradigm that purports to test young children’s understanding of social norms is examined. The paradigm models norms on Searle’s notion of a constitutive rule. The experiments and the reasons provided for their design are discussed. It is argued that the experiments do not provide direct evidence about the development of social norms and that the concepts of a social norm and constitutive rule are distinct. The experimental data are re-interpreted, and suggestions for how to deal with (...) the present criticism are presented that do not require abandoning the paradigm as such. Then the conception of normativity that underlies the experimental paradigm is rejected and an alternative view is put forward. It is argued that normativity emerges from interaction and engagement, and that learning to comply with social norms involves understanding the distinction between their content, enforcement, and acceptance. As opposed to rule-based accounts that picture the development of an understanding of social norms as one-directional and based in enforcement, the present view emphasizes that normativity is situated, reciprocal, and interactive. (shrink)

The received view of Kant’s moral philosophy is that it precludes all moral luck. But I offer a plausible interpretation according to which Kant embraces moral luck in circumstance and constitution. I interpret the unconditioned nature of transcendental freedom as a person’s ability to do the right thing no matter how she is inclined by her circumstantial and constitutive luck. I argue that various passages about degrees of difficulty relating to circumstantial and constitutive luck provide a reason to (...) accept a pro-moral luck interpretation of Kant. (shrink)

Is a bank note identical with the piece of paper of which it consists? On the one hand, John Searle, in his reply to Barry Smith, suggests that they are “one and the same object” that is a social or non-social object only under certain descriptions. On the other hand, Lynne Rudder Baker puts forward the claim that bank note and paper are distinct entities that are bound together by the relation of material constitution. I suggest two possible analyses for (...) Searle’s description relativity claim, the Alternative Subject Analysis and the Predicate Modification Analysis. On both accounts his identity claim gets into serious trouble. While Baker’s definition of material constitution deals well with the bank note example, it fails to account for the constitution of bearerless social entities and groups. I point out five respects in which social constitution can differ from Baker’s account of material constitution and discuss compositional, institutional and interactional constitution as additional varieties of social constitution. (shrink)

In this chapter we argue that some beliefs present a problem for the truth-aim teleological account of belief, according to which it is constitutive of belief that it is aimed at truth. We draw on empirical literature which shows that subjects form beliefs about the real world when they read fictional narratives, even when those narratives are presented as fiction, and subjects are warned that the narratives may contain falsehoods. We consider Nishi Shah’s teleologist’s dilemma and a response to (...) it from Asbjørn Steglich-Petersen which appeals to weak truth regulation as a feature common to all belief. We argue that beliefs from fiction indicate that there is not a basic level of truth regulation common to all beliefs, and thus the teleologist’s dilemma remains. We consider two objections to our argument. First, that the attitudes gained through reading fiction are not beliefs, and thus teleologists are not required to account for them in their theory. We respond to this concern by defending a doxastic account of the attitudes gained from fiction. Second, that these beliefs are in fact appropriately truth-aimed, insofar as readers form beliefs upon what they take to be author testimony. We respond to this concern by suggesting that the conditions under which one can form justified beliefs upon testimony are not met in the cases we discuss. Lastly, we gesture towards a teleological account grounded in biological function, which is not vulnerable to our argument. We conclude that beliefs from fiction present a problem for the truth-aim teleological account of belief. (shrink)

According to McHugh and Way reasoning is a person-level attitude revision that is regulated by its constitutive aim of getting fitting attitudes. They claim that this account offers an explanation of what is wrong with reasoning in ways one believes to be bad and that this explanation is an alternative to an explanation that appeals to the so-called Taking Condition. I argue that their explanation is unsatisfying.

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

This paper proposes that goods (the things exchanged in financial transactions and an object of study in economics) should be individuated according to a two-place relation constituted by an object and a description. Several of the problems in contemporary philosophy of economics involve shifting focus from objects to descriptions, while certain phenomena central to micro-economics, market regulation, and political economy require consideration of one of the two places. The paper argues thatby considering both constituents in a relation, many of those (...) issues can be more effectively addressed, communicated, and even resolved. The issues that may be so resolved include the seminal discussions of transformable goods, or goods whose existenceor relevant properties are impacted by their means of acquisition (e.g., buying, giving, awarding, etc.). The two-place approachto individuation shows how the cases of transformable goods can be more effectively addressed without incurring problematicmetaphysical commitments which may spiral out into confusion in the ethical and social scientific literature. The paper thenargues that the two-place approach can be leveraged into more fruitful discussion in microeconomics and the ongoing literature inthe metaphysics and ethics of markets. -/- . (shrink)

In “The Child’s Relations with Others,” Merleau-Ponty argues that certain early experiences are jointly owned in that they are numerically single experiences that are nevertheless given to more than one subject (e.g., the infant and caregiver). Call this the “joint ownership thesis” (JT). Drawing upon both Merleau-Ponty’s phenomenological analysis, as well as studies of exogenous attention and mutual affect regulation in developmental psychology, I motivate the plausibility of JT. I argue that the phenomenological structure of some early infant–caregiver dyadic exchanges (...) is best described as involving joint subjects. From birth, some experiences are constitutively social in that certain phenomenal states, such as the positive emotions that arise within these early exchanges, are jointly owned. Along the way, I consider a possible objection. I conclude by considering the explanatory significance of adopting JT. (shrink)

Largely thanks to Mill’s influence, the suggestion that the state ought to restrict the distribution of misinformation will strike most philosophers as implausible. Two of Mill’s influential assumptions are particularly relevant here: first, that free speech debates should focus on moral considerations such as the harm that certain forms of expression might cause; second, that false information causes minimal harm due to the fact that human beings are psychologically well equipped to distinguish truth and falsehood. However, in addition to our (...) moral obligations, we also have a distinct set of epistemic obligations—and even when a false belief doesn’t harm anyone, it constitutes an epistemically bad outcome. Moreover, Mill was profoundly mistaken about human psychology: human beings are vulnerable to the influence of a wide variety of false claims via a wide variety of psychological mechanisms. Consequently, there is a purely epistemic justification for restricting the distribution of misinformation: because each of us has an individual epistemic obligation to avoid unnecessary exposure to misinformation, and because avoiding such exposure is simply too difficult when acting alone, we all have a shared epistemic obligation to establish laws or regulations restricting the widespread distribution of misinformation. (shrink)