We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

This paper addresses the likely impact on women of being denied emergency contraception (EC) by pharmacists who conscientiously refuse to provide it. A common view—defended by Elizabeth Fenton and Loren Lomasky, among others—is that these refusals inconvenience rather than harm women so long as the women can easily get EC somewhere else nearby. I argue from a feminist perspective that the refusals harm women even when they can easily get EC somewhere else nearby.

Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would (...) produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed. (shrink)

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

Currently, the preferred accommodation for conscientious objection to abortion in medicine is to allow the objector to refuse to accede to the patient’s request so long as the objector refers the patient to a physician who performs abortions. The referral part of this arrangement is controversial, however. Pro-life advocates claim that referrals make objectors complicit in the performance of acts that they, the objectors, find morally offensive. McLeod argues that the referral requirement is justifiable, although not in the way (...) that people usually assume. (shrink)

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

Absolute needs (as against instrumental needs) are independent of the ends, goals and purposes of personal agents. Against the view that the only needs are instrumental needs, David Wiggins and Garrett Thomson have defended absolute needs on the grounds that the verb ‘need’ has instrumental and absolute senses. While remaining neutral about it, this article does not adopt that approach. Instead, it suggests that there are absolute biological needs. The absolute nature of these needs is defended by appeal to: their (...) objectivity (as against mind-dependence); the universality of the phenomenon of needing across the plant and animal kingdoms; the impossibility that biological needs depend wholly upon the exercise of the abilities characteristic of personal agency; the contention that the possession of biological needs is prior to the possession of the abilities characteristic of personal agency. Finally, three philosophical usages of ‘normative’ are distinguished. On two of these, to describe a phenomenon or claim as ‘normative’ is to describe it as value-dependent. A description of a phenomenon or claim as ‘normative’ in the third sense does not entail such value-dependency, though it leaves open the possibility that value depends upon the phenomenon or upon the truth of the claim. It is argued that while survival needs (or claims about them) may well be normative in this third sense, they are normative in neither of the first two. Thus, the idea of absolute need is not inherently normative in either of the first two senses. (shrink)

Instrumentalists about need believe that all needs are instrumental, i.e., ontologically dependent upon ends, goals or purposes. Absolutists view some needs as non-instrumental. The aims of this article are: clearly to characterize the instrumentalism/absolutism debate that is of concern (mainly §1); to establish that both positions have recent and current adherents (mainly §1); to bring what is, in comparison with prior literature, a relatively high level of precision to the debate, employing some hitherto neglected, but important, insights (passim); to show, (...) on grounds not previously to the fore in the literature, that insofar as instrumentalism’s advocates have provided arguments for the position, these are unsound (§2); to argue against instrumentalism using a new dilemma concerning whether ‘end’, ‘goal’ and ‘purpose’ are interpreted in a mentalistic manner (§3); to elucidate the implications of the needs/need-satisfiers and preconditions/means distinctions for the debate (§4). (shrink)

This paper reconstructs the function argument of Aristotle’s Eudemian Ethics 2.1. The argument seeks to define happiness through the method of division; shows that the highest good is better than all four of the goods of the soul, not only two, as commentators have thought; and unlike the Nicomachean argument, makes the highest good definitionally independent of the human function.

The article argues against attempts to combine ontological realism about modality with the rejection of modal rationalism and it suggests that modal realism requires modal rationalism. /// El artículo da argumentos en contra de que se intente combinar el realismo ontológico sobre la modalidad con el rechazo del racionalismo modal y sugiere que el realismo modal exige racionalismo modal.

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...) and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...) that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes. (shrink)

Some of the duties of individuals and organisations involve responsiveness to need. This requires knowledge of need, so the epistemology of need is relevant to practice. The prevailing contention among philosophers who have broached the topic is that one can know one’s own needs (as one can know some kinds of desires) by feeling them. The article argues against this view. The main positive claims made in the article are as follows. Knowledge of need, in both first‐person and second‐person cases, (...) is a type of knowledge‐that with no basic epistemological source. Needs, like medical conditions, have signs and symptoms. Knowledge of these, with inference, results in knowledge of need. Finally, it is argued that need is akin to, but not a special case of, metaphysical necessity de re. Some implications of this for the epistemology of need are explained. (shrink)

We argue that Maclaurin and Dyke's recent critique of non-naturalistic metaphysics suffers from difficulties analogous to those that caused trouble for earlier positivist critiques of metaphysics. Maclaurin and Dyke say that a theory is naturalistic iff it has observable consequences. Depending on the details of this criterion, either no theory counts as naturalistic or every theory does.

I set up a dilemma, concerning metaphysical modality de re, for the essentialist opponent of a ‘two senses’ view of necessity. I focus specifically on Frank Jackson's two-dimensional account in his From Metaphysics to Ethics (Oxford: Oxford University Press, 1998). I set out the background to Jackson's conception of conceptual analysis and his rejection of a two senses view. I proceed to outline two purportedly objective (as opposed to epistemic) differences between metaphysical and logical necessity. I conclude that since one (...) of these differences must hold and since each requires the adoption of a two senses view of necessity, essentialism is not consistent with the rejection of a two senses view. (shrink)

To reconcile true claims of de re necessity with the supposedly contingent existence of the concrete objects those claims are typically about, Kripkean essentialists invoke weak necessity. The claim that a is necessarily F is held to be equivalent to the claim that necessarily, if a exists then a is F. This strategy faces a barrage of serious objections a proper subset of which shows that the strategy fails to achieve its intended purpose. Relief can be provided via recourse to (...) a markedly non-Kripkean version of essentialism.1. (shrink)

According to Essentialism, an object’s properties divide into those that are essential and those that are accidental. While being human is commonly thought to be essential to Socrates, being a philosopher plausibly is not. We can motivate the distinction by appealing—as we just did—to examples. However, it is not obvious how best to characterize the notion of essential property, nor is it easy to give conclusive arguments for the essentiality of a given property. In this paper, I elaborate on these (...) issues and explore the way in which essential properties behave in relation to other related properties, like sufficient-for-existence properties and individual essences. (shrink)

‘Quantified pure existentials’ are sentences (e.g., ‘Some things do not exist’) which meet these conditions: (i) the verb EXIST is contained in, and is, apart from quantificational BE, the only full (as against auxiliary) verb in the sentence; (ii) no (other) logical predicate features in the sentence; (iii) no name or other sub-sentential referring expression features in the sentence; (iv) the sentence contains a quantifier that is not an occurrence of EXIST. Colin McGinn and Rod Girle have alleged that standard (...) first-order logic cannot adequately deal with some such existentials. The article defends the view that it can. (shrink)

By the lights of a central logical positivist thesis in modal epistemology, for every necessary truth that we know, we know it a priori and for every contingent truth that we know, we know it a posteriori. Kripke attacks on both flanks, arguing that we know necessary a posteriori truths and that we probably know contingent a priori truths. In a reflection of Kripke's confidence in his own arguments, the first of these Kripkean claims is far more widely accepted than (...) the second. Contrary to received opinion, the paper argues, the considerations Kripke adduces concerning truths purported to be necessary a posteriori do not disprove the logical positivist thesis that necessary truth and a priori truth are co-extensive. (shrink)

The paper compares the suitability of two different epistemologies of counterfactuals—(EC) and (W)—to elucidate modal knowledge. I argue that, while both of them explain the data on our knowledge of counterfactuals, only (W)—Williamson’s epistemology—is compatible with all counterpossibles being true. This is something on which Williamson’s counterfactual-based account of modal knowledge relies. A first problem is, therefore, that, in the absence of further, disambiguating data, Williamson’s choice of (W) is objectionably biased. A second, deeper problem is that (W) cannot satisfactorily (...) elucidate modal knowledge. Third, from a naturalistic perspective, the nature of this second problem favours (EC) against (W). (shrink)

Competitive negotiators frequently use tactics which others view as "unethical", in that these tactics either violate standards of truth telling or violate the perceived rules of negotiation. This paper sought to determine how business students viewed a number of marginally ethical negotiating tactics, and to determine the underlying factor structure of these tactics. The factor analysis of these tactics revealed five clear factors which were highly similar across the two samples, and which parallel (to a moderate degree) categories of tactics (...) proposed by earlier theory. Data from one sample also permitted comparisons of the appropriateness of certain tactics across gender, nationality, ethnic origin and perception of one's negotiating style. (shrink)

Immanuel Kant promised, ‘as Your Majesty's loyal subject’, to abstain from all public lectures about religion. All past commentators agree this phrase permitted Kant to return to the topic after the King died. But it is not part of the ‘at-issue content’. Consequently, ‘as Your Majesty's loyal subject’ is no more an escape clause than the corresponding phrase in ‘I guarantee, as your devoted fan, that these guitar strings will not break’. Just as the guarantee stands regardless of whether the (...) guarantor ceases to be your devoted fan, the compliance conditions of Kant's promise are not affected by Kant's ceasing to be the king's loyal subject. For good or ill, Kant made a lying promise to King Friedrich Wilhelm II in 1794. (shrink)

In this thesis I argue for aspirational naturalism. Aspirational naturalism is a metaphilosophical thesis that encourages a continuation of the interdisciplinary relationship between philosophy and science. It is a kind of methodological naturalism, a view about philosophical methodology that treats science with epistemic respect.

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

Within the small body of philosophical work on strikes, to participate in a strike is commonly seen as to refuse to do the job while retaining one’s claim upon it. What is the relationship, though, between liberalism and the right to strike? This is our main question.

Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...) a crime that possess this neutrality. We point out some problems with the extensional correctness of these definitions and propose a new definition that resolves these problems. We then extend our definition to provide a more general definition of entrapment, encompassing both civil and legal cases. Our definition is, we believe, closer to being extensionally correct and will, we hope, provide a clearer basis for future discussions about the ethics of entrapment than do the definitions upon which it improves. (shrink)

Miss Arendt is more reticent than, perhaps, she should be, about what actually went on in this public realm of the Greeks. —W. H. Auden.

Pace Necessitism – roughly, the view that existence is not contingent – essential properties provide necessary conditions for the existence of objects. Sufficiency properties, by contrast, provide sufficient conditions, and individual essences provide necessary and sufficient conditions. This paper explains how these kinds of properties can be used to illuminate the ontological status of merely possible objects and to construct a respectable possibilist ontology. The paper also reviews two points of interaction between essentialism and modal logic. First, we will briefly (...) see the challenge that arises against S4 from flexible essential properties; as well as the moves available to block it. After this, the emphasis is put on the Barcan Formula (BF), and on why it is problematic for essentialists. As we will see, Necessitism can accommodate both (BF) and essential properties. What necessitists cannot do at the same time is to continue to understanding essential properties as providing necessary conditions for the existence of individuals; against what might be for some a truism. (shrink)

According to the early Yogācāra, following non-conceptual awareness, the advanced bodhisattva is said to attain a state characterized by a "subsequent awareness". Yogācāra thinkers identify this state with ultimate knowledge of causality and view it as involving a unique kind of conceptual activity and propositional attitudes, which are very different, however, from ordinary conceptual awareness insofar as they do not involve vikalpa. Translated back into the terms of some version of the contemporary debate between conceptualists and nonconceptualists, this would amount (...) to something like the claim that we can use concepts in a non-conceptual way. But how can we make sense... (shrink)

The paper argues against Peacocke's moderate rationalism in modality. In the first part, I show, by identifying an argumentative gap in its epistemology, that Peacocke's account has not met the Integration Challenge. I then argue that we should modify the account's metaphysics of modal concepts in order to avoid implausible consequences with regards to their possession conditions. This modification generates no extra explanatory gap. Yet, once the minimal modification that avoids those implausible consequences is made, the resulting account cannot support (...) Peacocke's moderate rationalism. (shrink)

A model policy for conscientious objection in medicine.

At the turn of the nineteenth century, Friedrich Schlegel developed an influential theory of irony that anticipated some of the central concerns of postmodernity. His most vocal contemporary critic, the philosopher Hegel, sought to demonstrate that Schlegel’s theory of irony tacitly relied on certain problematic aspects of Fichte’s philosophy. While Schlegel’s theory of irony has generated seemingly endless commentary in recent critical discourse, Hegel’s critique of Schlegelian irony has gone neglected. This essay’s primary aim is to defend Hegel’s critique of (...) Schlegel by isolating irony’s underlying Fichtean epistemology. Drawing on Søren Kierkegaard’s The Concept of Irony in the final section of this essay, I argue that Hegel’s critique of irony can motivate a dialectical hermeneutics that offers a powerful alternative both to Paul de Man’s poststructuralist hermeneutics and to recent cultural-studies-oriented criticism that tends to reduce literary texts to sociohistorical epiphenomena. (shrink)

Due to the influence of Nathan Salmon’s views, endorsement of the “flexibility of origins” thesis is often thought to carry a commitment to the denial of S4. This paper rejects the existence of this commitment and examines how Peacocke’s theory of the modal may accommodate flexibility of origins without denying S4. One of the essential features of Peacocke’s account is the identification of the Principles of Possibility, which include the Modal Extension Principle (MEP), and a set of Constitutive Principles. Regarding (...) their modal status, Peacocke argues for the necessity of MEP, but leaves open the possibility that some of the Constitutive Principles be only contingently true. Here, I show that the contingency of the Constitutive Principles is inconsistent with the recursivity of MEP, and this makes the account validate S4. It is also shown that, compatibly with the necessity of the Constitutive Principles, the account can still accommodate intuitions about flexibility of origins. However, the account we end up with once those intuitions are consistently accommodated may not be satisfactory, and this opens up the debate about whether or not artefacts allow for some variation in their origins. (shrink)

During the Winter of 2011 I visited SADAF and gave a series of talks based on the central chapters of my manuscript on the Yablo paradox. The following year, I visited again, and was pleased and honored to find out that Eduardo Barrio and six of his students had written ‘responses’ that addressed the claims and arguments found in the manuscript, as well as explored new directions in which to take the ideas and themes found there. These comments reflect my (...) thoughts on these responses (also collected in this issue), as well as my thoughts on further issues that arose during the symposium that was based on the papers and during the many hours I spent talking and working with Eduardo and his students. Durante el invierno de 2011, visité SADAF y dí una serie de conferencias sobre los capítulos centrales de mi manuscrito sobre la paradoja de Yablo. El año siguiente, visité Buenos aires nuevamente y tuve el placer y el honor de descubrir que Eduardo Barrio y seis de sus estudiantes habían escrito respuestas que abordan las afirmaciones y argumentos de mi manuscrito, además de explorar nuevas direcciones en las cuales considerar las ideas y temas encontrados allí. El presente trabajo refleja mis pensamientos sobre estas respuestas (también incluidas en este volumen), así como mis ideas sobre otras cuestiones que surgieron durante el simposio en el que se presentaron los artículos y en las muchas horas que nosotros discutimos y trabajamos con Eduardo y sus estudiantes. (shrink)

We study shared intentions in what we call “loose groups”. These are groups that lack a codified organizational structure, and where the communication channels between group members are either unreliable or not completely open. We start by formulating two desiderata for shared intentions in such groups. We then argue that no existing account meets these two desiderata, because they assume either too strong or too weak an epistemic condition, that is, a condition on what the group members know and believe (...) about what the others intend, know, and believe. We propose an alternative, pooled knowledge, and argue that it allows formulating conditions on shared intentions that meet the two desiderata. (shrink)

Coleridge rarely mentions Hegel in his philosophical writings and seems to have read very little of Hegel's work. Yet I argue that Coleridge's criticisms of Schelling's philosophy—as recorded in letters and marginalia—betray remarkable intellectual affinities with his nearly exact contemporary Hegel, particularly in their shared doubts about Schelling's foundationalist intuitionism. With this background in place, I seek to demonstrate that volume one of Coleridge's Biographia Literaria is a radically self-undermining text: its philosophical argument, far from slavishly recapitulating Schelling's philosophy, remains (...) haunted by a quasi-Hegelian skepticism toward intuition even as it advances intuition as the foundation of its theoretical edifice. (shrink)

This essay argues for a distinctly post-Kantian understanding of Hegel’s definition of freedom as “being at home with oneself in one’s other.” I first briefly isolate the inadequacies of some dominant interpretations of Hegelian freedom and proceed to develop a more adequate theoretical frame by turning to Theodor Adorno. Then I interpret Hegel’s notion of the freedom of the will in the Philosophy of Right in terms of his speculative metaphysics. Finally, I briefly examine Hegel’s treatment of agency in the (...) Phenomenology of Spirit in order to establish important continuities between the early and late Hegel. (shrink)

A review of Holly Fernandez Lynch's book Conflicts of Conscience in Medicine (MIT Press, 2008).

Notions such as śūnyatā, catuṣkoṭi, and Indra's net, which figure prominently in Buddhist philosophy, are difficult to readily accommodate within our ordinary thinking about everyday objects. Famous Buddhist scholar Nāgārjuna considered two levels of reality: one called conventional reality, and the other ultimate reality. Within this framework, śūnyatā refers to the claim that at the ultimate level objects are devoid of essence or "intrinsic properties", but are interdependent by virtue of their relations to other objects. Catuṣkoṭi refers to the claim (...) that four truth values, including contradiction, are admissible in reasoning. Indra's net refers to the claim that every part of a whole is reflective of the whole. Here we present category theoretic constructions that are reminiscent of these Buddhist concepts. The universal mapping property definition of mathematical objects, wherein objects of a universe of discourse are defined not in terms of their content, but in terms of their relations to all objects of the universe is reminiscent of śūnyatā. The objective logic of perception, with perception modeled as [a category of] two sequential processes (sensation followed by interpretation), and with its truth value object of four truth values, is reminiscent of the Buddhist logic of catuṣkoṭi. The category of categories, wherein every category has a subcategory of sets with zero structure within which every category can be modeled, is reminiscent of Indra's net. Our thorough elaboration of the parallels between Buddhist philosophy and category theory can facilitate better understanding of Buddhist philosophy, and bring out the broader philosophical import of category theory beyond mathematics. (shrink)

In this paper, the sine, cosine and cotangent similarity measures of interval rough neutrosophic sets is proposed. Some properties of the proposed measures are discussed. We have proposed multi attribute decision making approaches based on proposed similarity measures. To demonstrate the applicability, a numerical example is solved.

In this paper, we define correlation coefficient measure between any two rough neutrosophic sets. We also prove some of its basic properties.. We develop a new multiple attribute group decision making method based on the proposed correlation coefficient measure. An illustrative example of medical diagnosis is solved to demonstrate the applicability and effecriveness of the proposed method.

Charitable interpreters of David Hume set aside his sprinkles of piety. Better to read him as lying than as clumsily inconsistent. We argue that the attribution of lies can pay dividends in historical scholarship no matter how strongly the theorist condemns lying. Accordingly, we show that our approach works even with one of the strongest condemners of lying: Immanuel Kant. We argue that Kant lied in his scholarly work and even in the first Critique. And we defend the claim that (...) this lie attribution, strange as it may sound, amounts to a kind of scholarly charity. (shrink)

In this paper, we define projection and bidirectional projection measures between interval rough neutrosophic sets and prove their basic properties. Then two new multi attribute decision making strategies are proposed based on interval rough neutrosophic projection and bidirectional projection measures respectively. Then the proposed methods are applied for solving multi attribute decision making problems. Finally, a numerical example is solved to show the feasibility, applicability and effectiveness of the proposed strategies.