The New Evil Demon Problem is supposed to show that straightforward versions of reliabilism are false: reliability is not necessary for justification after all. I argue that it does no such thing. The reliabilist can count a number of beliefs as justified even in demon worlds, others as unjustified but having positive epistemic status nonetheless. The remaining beliefs---primarily perceptual beliefs---are not, on further reflection, intuitively justified after all. The reliabilist is right to count these beliefs as unjustified in demon worlds, (...) and it is a challenge for the internalist to be able to do so as well. (shrink)

Psychopaths routinely disregard social norms by engaging in selfish, antisocial, often violent behavior. Commonly characterized as mentally disordered, recent evidence suggests that psychopaths are executing a well-functioning, if unscrupulous strategy that historically increased reproductive success at the expense of others. Natural selection ought to have favored strategies that spared close kin from harm, however, because actions affecting the fitness of genetic relatives contribute to an individual’s inclusive fitness. Conversely, there is evidence that mental disorders can disrupt psychological mechanisms designed to (...) protect relatives. Thus, mental disorder and adaptation accounts of psychopathy generate opposing hypotheses: psychopathy should be associated with an increase in the victimization of kin in the former account but not in the latter. Contrary to the mental disorder hypothesis, we show here in a sample of 289 violent offenders that variation in psychopathy predicts a decrease in the genetic relatedness of victims to offenders; that is, psychopathy predicts an increased likelihood of harming non-relatives. Because nepotistic inhibition in violence may be caused by dispersal or kin discrimination, we examined the effects of psychopathy on (1) the dispersal of offenders and their kin and (2) sexual assault frequency (as a window on kin discrimination). Although psychopathy was negatively associated with coresidence with kin and positively associated with the commission of sexual assault, it remained negatively associated with the genetic relatedness of victims to offenders after removing cases of offenders who had coresided with kin and cases of sexual assault from the analyses. These results stand in contrast to models positing psychopathy as a pathology, and provide support for the hypothesis that psychopathy reflects an evolutionary strategy largely favoring the exploitation of non-relatives. (shrink)

Under no circumstances should the absurd "right to roam‟ be incorporated into the legislation of this country. In reality, it is clearly a mere licence to trespass. Armed with the appropriate economic and philosophical arguments, we should eventually be able to offer an effective counter-attack with a movement for the "right to own‟ privately every last one of the state-controlled commons, heaths, hills, mountains, downs, woodlands, rivers, beaches, and footpaths. As a result, there will be no imposition on legitimate landowners (...) and more access to better resources for ramblers. (shrink)

We can see mereology as a theory of parthood and topology as a theory of wholeness. How can these be combined to obtain a unified theory of parts and wholes? This paper examines various non-equivalent ways of pursuing this task, with specific reference to its relevance to spatio-temporal reasoning. In particular, three main strategies are compared: (i) mereology and topology as two independent (though mutually related) chapters; (ii) mereology as a general theory subsuming topology; (iii) topology as a general theory (...) subsuming mereology. Some more speculative strategies and directions for further research are also considered. (shrink)

What is my thesis? It is not that radical experimentation by the state, rather than liberal democracy, is more in accord with the spirit and logic of Popper’s ‘revolutionary’ epistemology. It is the opposite criticism, that full anarchic libertarianism (individual liberty and the free market without any state interference) better fits Popper’s epistemology and scientific method.

Neutral monism is a position in metaphysics defended by Mach, James, and Russell in the early twentieth century. It holds that minds and physical objects are essentially two different orderings of the same underlying neutral elements of nature. This paper sets out some of the central concepts, theses and the historical background of ideas that inform this doctrine of elements. The discussion begins with the classic neutral monism of Mach, James, and Russell in the first part of the paper, then (...) considers recent neo-Russellian versions in the second half. The chances for a revival of neutral monism are probably slight; its key ideas and starting points lie far from those in contemporary philosophy of mind. A better route might be through the philosophy of science and a deeper understanding of causation. (shrink)

Some have argued that the vagueness exhibited by geographic names and descriptions such as ‘Albuquerque’, ‘the Outback’, or ‘Mount Everest’ is ultimately ontological: these terms are vague because they refer to vague objects, objects with fuzzy boundaries. I take the opposite stand and hold the view that geographic vagueness is exclusively semantic, or conceptual at large. There is no such thing as a vague mountain. Rather, there are many things where we conceive a mountain to be, each with its precise (...) boundary, and when we say ‘Everest’ we are just being vague as to which thing we are referring to. This paper defends this view against some plausible objections. (shrink)

Vallentyne 2010 and Zwolinski 2008 are internet encyclopaedia articles on “libertarianism” which include various serious faults. Vallentyne 2010 has the following ones. It does not properly explain mainstream libertarianism or consider criticisms of it. Instead, it mainly discusses self-ownership and natural-resource egalitarianism. Every aspect of the alleged “strict sense” of “libertarianism” is dubi ous, at best. So- called “left - libertarianism” is not made sense of as any kind of liberty-based libertarianism. Problems arise because self-ownership is assumed to be libertarian (...) without an explicit theory of libertarian liberty. The replies to “five impor tant objections to full self- ownership” are confused and mistaken; both as regards philosophical analysis and as regards empirical assumptions. The long discussion about various ways to “Appropriate Natural Resources” is rendered muddled and barren by the lack of a clear libertarian theory of liberty, the mere presumption of some form of egalitarianism, and the inclusion of various non-libertarian criteria. The remaining sections are largely uninformed by any relevant libertarian literature. It reaches a justificationist conclusion that cites mistaken welfare concerns and ignores the productivity of free markets. Zwolinski 2008 shares some errors with Vallentyne 2010, but also includes the following ones. It is even less clear about what libertarian liberty is. It fails to understand that libertarianism (private-property anarchy and, possibly, minarchy) is a subset of classical liberalism. It asserts that libertarianism is about “the proper role of government.” It assumes (illogical) justificationist/foundationalist epistemology and does not mention critical-rationalist libertarianism. It eventually faults justificationism and unwittingly assumes something approaching critical rationalism. Finally, it embraces John Rawls’s “overlapping consensus” as a “justification” (i.e., defence) of libertarianism oblivious to the similar position in Lester 1996 and 2000. (shrink)

Are there any bona fide boundaries, i.e., boundaries that carve at the joints? Or is any boundary —hence any object—the result of a fiat articulation reflecting our cognitive biases and our so-cial practices and conventions? Does the choice between these two options amount to a choice between realism and wholesome relativism?

We rely on language to know the minds of others, but does language have a role to play in knowing our own minds? To suppose it does is to look for a connection between mastery of a language and the epistemic relation we bear to our inner lives. What could such a connection consist in? To explore this, I shall examine strategies for explaining self-knowledge in terms of the use we make of language to express and report our mental states. (...) Success in these strategies will depend on the view we take of speakers' understanding of the words they use to speak their minds. The key is to avoid circularity in the account of how they know what they mean; for if knowing what one is saying in speaking a language provides a means of knowing one's own mind, it cannot simply be a part of it. I shall look at ways in which we might proceed here, and examine whether the strategy can make room for a genuinely first-person point of view. But first let me try to motivate the problem of self-knowledge. (shrink)

Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...) comprises less than two percent of the total hours in the American medical curriculum, and most instructors have not recently published articles in the fields they teach. This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics. (shrink)

In this introduction, before summarizing the contents of the volume, the authors characterize materialism as it is understood within the philosophy of mind, and they identify three respects in which materialism is on the wane.

The history of evolution is a history of development from less to more complex organisms. This growth in complexity of organisms goes hand in hand with a concurrent growth in complexity of environments and of organism-environment relations. It is a concern with this latter aspect of evolutionary development that motivates the present paper. We begin by outlining a theory of organism-environment relations. We then show that the theory can be applied to a range of different sorts of cases, both biological (...) and non-biological, in which objects are lodged or housed within specific environments, or niches. Biological science is interested in types—for example in genotypes, phenotypes, and environment types—in regularities that can serve as the basis for the formulation of laws or general principles. Types, however, can exist only through their corresponding tokens. Our theory of token environments is meant to plug this gap and to provide a first step towards a general theory of causally relevant spatial volumes. (shrink)

A lot of work in metaphysics relies on linguistic analysis and intuitions. Do we want to know what sort of things there are or could be? Then let’s see what sort of things there must be in order for what we truthfully say to be true. Do we want to see whether x is distinct from y? Then let’s see whether there is any statement that is true of x but not of y. And so on. In this paper I (...) argue that this way of proceeding is full of traps and is bound to be pretty useless unless we already have a good idea of what sort of things there are, and of how we are going to count them. (shrink)

A critical review of the main themes arising out of recent literature on the semantics of ordinary event talk. The material is organized in four sections: (i) the nature of events, with emphasis on the opposition between events as particulars and events as universals; (ii) identity and indeterminacy, with emphasis on the unifier/multiplier controversy; (iii) events and logical form, with emphasis on Davidson’s treatment of the form of action sentences; (iv) linguistic applications, with emphasis on issues concerning aspectual phenomena, the (...) telicity/atelicity distinction, the treatment of statives, and temporal quantification. (shrink)

The semantics of our event talk is a complex affair. What is it that we are talking about when we speak of Brutus’s stabbing of Caesar? Exactly where and when did it take place? Was it the same event as the killing of Caesar? Some take questions such as these to be metaphysical questions. I think they are questions of semantics—questions about the way we talk and about what we mean. And I think that this conflict between metaphysic and semantic (...) concerns is indicative of a “deep indeterminacy” (Bennett’s phrase) in our event concept. We do talk about events; but what events a statement is about is not something that can be inferred from the event names we use; it depends heavily (more heavily than with ordinary material objects) on local context and unprincipled intuitions. This paper illustrates this view in connection with two examples: the phenomenon of vagueness and the dispute over identity statements. (shrink)

In 1903, in _The Principles of Mathematics_ (_PoM_), Russell endorsed an account of classes whereupon a class fundamentally is to be considered many things, and not one, and used this thesis to explicate his first version of a theory of types, adding that it formed the logical justification for the grammatical distinction between singular and plural. The view, however, was short-lived; rejected before _PoM_ even appeared in print. However, aside from mentions of a few misgivings, there is little evidence about (...) why he abandoned this view. In this paper, I speculate as to what those reasons were, and evaluate them in light of recent work and interest in plural logic. (shrink)

Ordinary reasoning about space—we argue—is first and foremost reasoning about things or events located in space. Accordingly, any theory concerned with the construction of a general model of our spatial competence must be grounded on a general account of the sort of entities that may enter into the scope of the theory. Moreover, on the methodological side the emphasis on spatial entities (as opposed to purely geometrical items such as points or regions) calls for a reexamination of the conceptual categories (...) required for this task. Building on material presented in an earlier paper, in this work we offer some examples of what this amounts to, of the difficulties involved, and of the main directions along which spatial theories should be developed so as to combine formal sophistication with some affinity with common sense. (shrink)

Certain commentators on Russell's “no class” theory, in which apparent reference to classes or sets is eliminated using higher-order quantification, including W. V. Quine and (recently) Scott Soames, have doubted its success, noting the obscurity of Russell’s understanding of so-called “propositional functions”. These critics allege that realist readings of propositional functions fail to avoid commitment to classes or sets (or something equally problematic), and that nominalist readings fail to meet the demands placed on classes by mathematics. I show that Russell (...) did thoroughly explore these issues, and had good reasons for rejecting accounts of propositional functions as extra-linguistic entities. I argue in favor of a reading taking propositional functions to be nothing over and above open formulas which addresses many such worries, and in particular, does not interpret Russell as reducing classes to language. (shrink)

Klein’s account of epistemic justification, infinitism, supplies a novel solution to the regress problem. We argue that concentrating on the normative aspect of justification exposes a number of unpalatable consequences for infinitism, all of which warrant rejecting the position. As an intermediary step, we develop a stronger version of the ‘finite minds’ objection.

Skeptics of the moral case against industrial farming often assert that harm to animals in industrial systems is limited to isolated instances of abuse that do not reflect standard practice and thus do not merit criticism of the industry at large. I argue that even if skeptics are correct that abuse is the exception rather than the rule, they must still answer for two additional varieties of serious harm to animals that are pervasive in industrial systems: procedural harm and institutional (...) oppression. That procedural and institutional harms create conditions under which abuse is virtually inevitable only increases the skeptic's burden. (shrink)

Extension is probably the most general natural property. Is it a fundamental property? Leibniz claimed the answer was no, and that the structureless intuition of extension concealed more fundamental properties and relations. This paper follows Leibniz's program through Herbart and Riemann to Grassmann and uses Grassmann's algebra of points to build up levels of extensions algebraically. Finally, the connection between extension and measurement is considered.

Many biologists and philosophers have worried that importing models of reasoning from the physical sciences obscures our understanding of reasoning in the life sciences. In this paper we discuss one example that partially validates this concern: part-whole reductive explanations. Biology and physics tend to incorporate different models of temporality in part-whole reductive explanations. This results from differential emphases on compositional and causal facets of reductive explanations, which have not been distinguished reliably in prior philosophical analyses. Keeping these two facets distinct (...) facilitates the identifi cation of two further aspects of reductive explanation: intrinsicality and fundamentality. Our account provides resources for discriminating between different types of reductive explanation and suggests a new approach to comprehending similarities and differences in the explanatory reasoning found in biology and physics. (shrink)

A look at the dynamical concept of space and space-generating processes to be found in Kant, J.F. Herbart and the mathematician Bernhard Riemann's philosophical writings.

This is a revised and extended version of the formal theory of holes outlined in the Appendix to the book "Holes and Other Superficialities". The first part summarizes the basic framework (ontology, mereology, topology, morphology). The second part emphasizes its relevance to spatial reasoning and to the semantics of spatial prepositions in natural language. In particular, I discuss the semantics of ‘in’ and provide an account of such fallacious arguments as “There is a hole in the sheet. The sheet is (...) in the drawer. Ergo *there is a hole in the drawer”. (shrink)

We propose the beginnings of a general theory of environments, of the parts or regions of space in which organisms live and move. We draw on two sources: on the one hand on recent work on the ontology of space; and on the other hand on work by ecological scientists on concepts such as territory, habitat, and niche. An environment is in first approximation a volume of space; it is a specific habitat, location, or site that is suitable or adequate (...) for given purposes (of foraging, resting, hunting, breeding, nesting, grooming) in the life of an organism or group of organisms. This spatial notion of environment can be drawn closer to biological and ecological science by taking account of the pertinent physical attributes realized within given spatial regions. (shrink)

I trace changes to Frege's understanding of numbers, arguing in particular that the view of arithmetic based in geometry developed at the end of his life (1924–1925) was not as radical a deviation from his views during the logicist period as some have suggested. Indeed, by looking at his earlier views regarding the connection between numbers and second-level concepts, his understanding of extensions of concepts, and the changes to his views, firstly, in between Grundlagen and Grundgesetze, and, later, after learning (...) of Russell's paradox, this position is a natural position for him to have retreated to, when properly understood. (shrink)

This paper investigates the view that digital hypercomputing is a good reason for rejection or re-interpretation of the Church-Turing thesis. After suggestion that such re-interpretation is historically problematic and often involves attack on a straw man (the ‘maximality thesis’), it discusses proposals for digital hypercomputing with Zeno-machines , i.e. computing machines that compute an infinite number of computing steps in finite time, thus performing supertasks. It argues that effective computing with Zeno-machines falls into a dilemma: either they are specified such (...) that they do not have output states, or they are specified such that they do have output states, but involve contradiction. Repairs though non-effective methods or special rules for semi-decidable problems are sought, but not found. The paper concludes that hypercomputing supertasks are impossible in the actual world and thus no reason for rejection of the Church-Turing thesis in its traditional interpretation. (shrink)

A plausible thought about vagueness is that it involves semantic incompleteness. To say that a predicate is vague is to say (at the very least) that its extension is incompletely specified. Where there is incomplete specification of extension there is indeterminacy, an indeterminacy between various ways in which the specification of the predicate might be completed or sharpened. In this paper we show that this idea is bound to founder by presenting an argument to the effect that there are vague (...) predicates which cannot be sharpened in such a way as to meet certain basic constraints (of penumbral connection and public accessibility) that must be imposed on the very notion of a sharpening. (shrink)

Sequel to Part I. In these articles, I describe Cantor’s power-class theorem, as well as a number of logical and philosophical paradoxes that stem from it, many of which were discovered or considered (implicitly or explicitly) in Bertrand Russell’s work. These include Russell’s paradox of the class of all classes not members of themselves, as well as others involving properties, propositions, descriptive senses, class-intensions and equivalence classes of coextensional properties. Part II addresses Russell’s own various attempts to solve these paradoxes, (...) including strategies that he considered and rejected (limitation of size, the zigzag theory, etc.), as well as his own final views whereupon many purported entities that, if reified, lead to these contradictions, must not be genuine entities, but ‘logical fictions’ or ‘logical constructions’ instead. (shrink)

In these articles, I describe Cantor’s power-class theorem, as well as a number of logical and philosophical paradoxes that stem from it, many of which were discovered or considered (implicitly or explicitly) in Bertrand Russell’s work. These include Russell’s paradox of the class of all classes not members of themselves, as well as others involving properties, propositions, descriptive senses, class-intensions, and equivalence classes of coextensional properties. Part I focuses on Cantor’s theorem, its proof, how it can be used to manufacture (...) paradoxes, Frege’s diagnosis of the core difficulty, and several broad categories of strategies for offering solutions to these paradoxes. (shrink)

The paper presents a paradoxical feature of computational systems that suggests that computationalism cannot explain symbol grounding. If the mind is a digital computer, as computationalism claims, then it can be computing either over meaningful symbols or over meaningless symbols. If it is computing over meaningful symbols its functioning presupposes the existence of meaningful symbols in the system, i.e. it implies semantic nativism. If the mind is computing over meaningless symbols, no intentional cognitive processes are available prior to symbol grounding. (...) In this case, no symbol grounding could take place since any grounding presupposes intentional cognitive processes. So, whether computing in the mind is over meaningless or over meaningful symbols, computationalism implies semantic nativism. (shrink)

Attempts to evaluate a belief or argument on the basis of its cause or origin are usually condemned as committing the genetic fallacy. However, I sketch a number of cases in which causal or historical factors are logically relevant to evaluating a belief, including an interesting abductive form that reasons from the best explanation for the existence of a belief to its likely truth. Such arguments are also susceptible to refutation by genetic reasoning that may come very close to the (...) standard examples given of supposedly fallacious genetic reasoning. (shrink)

This paper discusses certain problems arising within the treatment of the senses of functions in Alonzo Church's Logic of Sense and Denotation. Church understands such senses themselves to be "sense-functions," functions from sense to sense. However, the conditions he lays out under which a sense-function is to be regarded as a sense presenting another function as denotation allow for certain undesirable results given certain unusual or "deviant" sense-functions. Certain absurdities result, e.g., an argument can be found for equating any two (...) senses of the same type. An alternative treatment of the senses of functions is discussed, and is thought to do better justice to Frege's original theory. (shrink)

This is an informal presentation of the theory of niches understood as ecological contexts. The first part sets out the basic conceptual background. The second part outlines the main principles of the theory and addresses the question of how the theory can be extended to aid our thinking in relation to the special types of causal integrity that characterize niches and niched entities.

The way we farm, the kinds of backyards and landscapes we favor, and the way we control patterns of development are creating an invisible crisis through their affects upon soil ecology. The invisibility of soil ecosystems, the seemingly alien properties of the organisms that inhabit them, and the specialized knowledge required to understand them create obstacles to moral concern for these fountains of life. Our treatment of soils has reached the point of crisis. Obstacles to moral thinking about soils might (...) be overcome by supplying the moral imagination with a deeper understanding of our own biological identity as ecosystems analogous in organization and functions to soil ecosystems. Not only have microbes created the conditions necessary for human life, but they have shaped our evolutionary history and helped constitute the human genome. Our biological identity encompasses communities of microbes, such that humans (and all organisms) are most properly understood as ecosystems. For this reason, moral concern for humans implies moral concern for ecosystems. (shrink)

Mereotopology is today regarded as a major tool for ontological analysis, and for many good reasons. There are, however, a number of open questions that call for an answer. Some are philosophical, others have direct applicative import, but all are crucial for a proper assessment of the strengths and limits of mereotopology. This paper is an attempt to put sum order in this area.

Analytic epistemologists agree that, whatever else is true of epistemic justification, it is distinct from knowledge. However, if recent work by Jonathan Sutton is correct, this view is deeply mistaken, for according to Sutton justification is knowledge. That is, a subject is justified in believing that p iff he knows that p. Sutton further claims that there is no concept of epistemic justification distinct from knowledge. Since knowledge is factive, a consequence of Sutton’s view is that there are no false (...) justified beliefs. <br> Following Sutton, I will begin by outlining kinds of beliefs that do not constitute knowledge but that seem to be justified. I will then be in a position to critically evaluate Sutton’s arguments for his position that justification is knowledge, concluding that he fails to establish his bold thesis. In the course of so doing, I will defend the following rule of assertion: (The JBK-rule) One must: assert p only if one has justification to believe that one knows that p.<br>. (shrink)

ABSTRACT Self-Interest and Public Interest in Western Politics showed that the public, politicians, and bureaucrats are often public spirited. But this does not invalidate public-choice theory. Public-choice theory is an ideal type, not a claim that self-interest explains all political behavior. Instead, public-choice theory is useful in creating rules and institutions that guard against the worst case, which would be universal self-interestedness in politics. In contrast, the public-interest hypothesis is neither a comprehensive explanation of political behavior nor a sound basis (...) for institutional design. (shrink)

Abstract: According to certain dispositional accounts of meaning, an agent's meaning is determined by the dispositions that an idealized version of this agent has in optimal conditions. We argue that such attempts cannot properly fix meaning. For even if there is a way to determine which features of an agent should be idealized without appealing to what the agent means, there is no non-circular way to determine how those features should be idealized. We sketch an alternative dispositional account that avoids (...) this problem, according to which an agent's meaning is determined by the dispositions that an abstract version of this agent has in optimal conditions. (shrink)

The thesis that rationality consists in the straight-forward maximization of utility has not lacked critics. Typically, however, detractors reject the Humean picture of rationality upon which it seems based; they seek to emancipate reason from the tyranny of the passions. It is, then, noteworthy when an attack on this thesis comes from ‘within the ranks.’David Gauthier's paper ‘Reason and Maximization’ is just such an attack; and for this reason, among others, it is interesting. It is not successful, though. In defense (...) of this conclusion, we shall begin by relating the essentials of Gauthier's argument. Then we shall examine in some detail Gauthier's claim that the principle of straighforward max-imization fails to be self-supporting. We shall argue that Gauthier's defense of this claim is at best incomplete. Finally, we shall show that the fact that a normative principle is self-subverting or non-self-supporting does not entail that the principle is defective. (shrink)

This is a review of Henk Woldring's book on Karl Mannheim.

Contractarians view justice as being defined by a contract made by rational individuals. No one supposes that this contract is actual, and the fact that it is merely hypothetical raises a number of questions both about the assumptions under which it would be actual and about the force of hypothetical agreement that is contingent on these assumptions.Particular contractarian theories must specify the circumstances of the agreement and the endowments, beliefs, desires, and degree and type of rationality of the agents. How (...) these issues are settled determines the force of the hypothetical agreement. The fact that ignorant people who desired only universal suffering would, under duress, agree to a certain principle gives us no reason to believe the principle is a correct moral principle or to think it rational to accept or act on it: some counterfactual assumptions undermine entirely the moral force of hypothetical agreement. On the other hand, to take people just as they are, with their current beliefs, desires, endowments, and all, is to endorse their ignorance and mistakes as well as any previous injustice that affects their bargaining power. (shrink)

It is shown that a complete axiomatization of classical non-tautologies can be obtained by taking F (falsehood) as the sole axiom along with the two inference rules: (i) if A is a substitution instance of B, then A |– B; and (ii) if A is obtained from B by replacement of equivalent sentences, then A |– B (counting as equivalent the pairs {T, ~F}, {F, F&F}, {F, F&T}, {F, T&F}, {T, T&T}). Since the set of tautologies is also specifiable by (...) purely syntactic means, the resulting picture gives an improved syntactic account of classical sentential logic. The picture can then be completed by considering related systems that prove adequate to specify the set of contradictions, the set of non-contradictions, and the set of contingencies respectively. (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context of (...) divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...) terms of subjective expected utility, it allows immoral manipulation of others and imposes unwarranted restrictions based on preferences that should carry no moral weight. (shrink)