Medical students commonly learn how to administer pelvic exams by practicing on unconscious patients, often without first obtaining explicit consent from patients to do so. While twenty-one states currently have laws that require teaching hospitals to obtain consent from patients to participate in this educational experience, opposition from the medical community has stymied legislative progress. In this paper, I respond to the two most common reasons offered to oppose legislation, which appeal to (1) the educational benefits of these exams, or (...) (2) protecting institutional autonomy. Kantian ideas about autonomy help to illuminate the problematic ways in which these arguments supplant the importance of women’s choices over how their bodies are used while seeking medical treatment. Ultimately, neither argument offers sufficient reason to oppose laws that require explicit consent before administering training pelvic exams. (shrink)

Ich möchte philosophische Ideen von Hilary Putnam, Crispin Wright, Donald Davidson und George Eduard Moore zusammenbringen, um hieb- und stichfest zu beweisen, dass die beste skeptische Hypothese (gegen unser Wissen um die Beschaffenheit der Aussenwelt) nicht zutreffen kann. Putnams Externalismus, Wrights zusätzlicher Appell an Disquotationsprinzipien, Davidsons wahrheitskonditionale Semantik und Moores Verweis auf seine eigenen Hände lassen sich zu einem vierzeiligen Beweis verschmelzen, dessen Konklusion besagt, dass wir nicht von Anbeginn Gehirne im Tank sein können.

Cambridge’deki büyük akademik cemaatin sakinleri olan bizler bir araya geldik ve hoşgörü ve onun egemen politik iklim içerisindeki yeri hakkında dostça ama ateşli bir tartışma yürüttük. Okuyucu, bizim nerelerde aynı düşüncede olmadığımızı bulmakta hiçbir zorluk çekmeyecektir. Diğer taraftan, farklı başlangıç noktalarından ve farklı yollardan hareketle yaklaşık olarak aynı yere ulaştık. Her birimiz için, egemen hoşgörü kuramı ve pratiğinin, incelendiği takdirde, korkunç politik gerçekleri gizlemeye yarayan bir maske olduğu ortaya çıktı. Kızgınlığın tonu makaleden makaleye keskin bir şekilde artmakta; belki de boş (...) yere, okuyucuların bu noktaya getiren akıl yürütmeyi takip edeceklerini umuyoruz. Nihayetinde bu kızgınlık hem kafa hem de kalpte ikamet etmektedir…. (shrink)

In this paper, I look at Susan Stebbing’s articles and reviews that critically engage logical positivism. These appeared before the publication of A.J. Ayer’s Language, Truth and Logic and helped shape the early British reception of logical positivism. I highlight Stebbing’s adoption of G.E. Moore’s tripartite distinction between knowing a proposition, understanding it, and giving an analysis of it and, in light of this distinction, her focus on whether the principle of verifiability can ground a plausible account of communication. (...) Stebbing thinks not, and I reconstruct her reasons, as well as her own account of communication. In doing this, I relate her criticisms to her rejection of methodological solipsism and her dissatisfaction with the logical positivist treatment of statements about other minds and the past. I also argue that Stebbing’s work provides a bridge to later criticisms of logical positivism from ordinary language philosophers. Foregrounding Stebbing’s engagement with logical positivism, especially her focus on communication, paints a fuller picture of how the logical positivists came to be part of analytic philosophy despite having different concerns than many of the British philosophers engaging their work. (shrink)

Worin besteht Mills Argument für den Utilitarismus? Im psychologischen Teil des Arguments plädiert Mill für eine aggregierte Beschreibung unserer hedonistischen Werte ("Das allgemeine Glück ist ein Gut für die Gesamtheit aller Personen"). Von hier aus steuert er im normativen Teil des Arguments auf eine aggregierte Bewertung zu ("Das allgemeine Glück ist ein Gut"). Mills Übergang von Beschreibung zu Wertung beruht auf zwei versteckten Annahmen: Die erste sagt (gegen den Nihilisten), dass es Werte gibt; die zweite sagt (gegen Wert-Metaphysiker), dass die (...) Antwort auf die Frage nach Werten nicht völlig unabhängig von dem sein kann, was wir alle de facto für wert erachten. Diese beiden Voraussetzungen scheinen keine inhaltlichen Aussagen zur Moral zu enthalten. Doch wer sie teilt, wird von Mills Argument überraschend weit in die Gefilde der Moral getrieben. Sein Argument ist besser, als die meisten Interpreten glauben. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

L’article qui suit a pour but de présenter un des aspects centraux de la contribution philosophique de Jaakko Hintikka : l’épistémologie formelle. Le thème choisi, le Paradoxe de Moore, permettra d’illustrer le mot d’ordre de la philosophie formelle, celui d’utiliser des outils logiques en vue de la clarification de problèmes philosophiques. Il s’agit également de mettre en évidence la nature pragmatique du discours épistémique, qui transparaît dans les résultats sémantiques de Hintikka et parle en faveur de la logique illocutoire.

In this paper I explore a positivist methodological tradition in early demand theory, as exemplified by several common traits that I draw from the works of V. Pareto, H. L. Moore and H. Schultz. Assuming a current approach to explanation in the social sciences, I will discuss the building of their various explanans, showing that the three authors agreed on two distinctive methodological features: the exclusion of any causal commitment to psychology when explaining individual choice and the mandate to (...) test the truth of demand theory on aggregate data by statistical means. However, I also contend, from an epistemological point of view, that the truth of demand theory was conceived of in three different ways by our authors. Inspired by Poincaré, Pareto assumed that many different theories could account for the same data on individual choice, coming close to a kind of conventionalism -though I prefer to refer to this position as theoreticism. Moore was himself akin to Pearson's approach, which could be named descriptivist insofar as it resolved scientific laws into statistical descriptions of the data. Finally, Schultz tried to reconcile both approaches in an adequationist stance with no success, as we shall see. (shrink)

Un fait Mooréen, selon l'expression de David Lewis, est « l'une des choses que nous savons mieux que toute prémisse d'une argumentation philosophique visant à é tablir le contraire. » Le sujet des faits Mooréens soulève des questions profondes, à la fois de méthode philosophique et d'épistémologie de premier ordre. Comment devrions-nous répondre aux arguments qui remettent en question des croyances dont nous sommes extrêmement confiants ? Dans quelle mesure ces arguments – ou plutôt ceux qui les avancent – peuvent-ils (...) espérer avoir une emprise ou une traction rationnelle sur nous ? Dans quelle mesure, si même c'est le cas, notre point de départ limite-t-il les types de révisions de nos croyances que la philosophie pourrait légitimement inspirer ? Quand sommes-nous justifiés (si jamais nous le sommes) à refuser de se laisser influencer par un argument qui, pour autant qu'on puisse en juger, est sans faille, et quand un tel refus relève-t-il simplement du dogmatisme ? Ce sont là de vastes questions, auxquelles je ne tenterai pas ici de répondre complétement. Mon ambition, plus modeste, est de tenter de progresser sur ces questions, et d'autres questions connexes, en examinant la notion de fait Mooré que je trouve chez Lewis et chez d'autres. (shrink)

During the first quarter of the twentieth century, the French philosopher Henri Bergson became an international celebrity, profoundly influencing contemporary intellectual and artistic currents. While Bergsonism was fashionable, L. Susan Stebbing, Bertrand Russell, Moritz Schlick, and Rudolf Carnap launched different critical attacks against some of Bergson’s views. This book examines this series of critical responses to Bergsonism early in the history of analytic philosophy. Analytic criticisms of Bergsonism were influenced by William James, who saw Bergson as an ‘anti-intellectualist’ ally of (...) American Pragmatism, and Max Scheler, who saw him as a prophet of Lebensphilosophie. Some of the main analytic objections to Bergson are answered in the work of Karin Costelloe-Stephen. Analytic anti-Bergsonism accompanied the earlier refutations of idealism by Russell and Moore, and later influenced the Vienna Circle’s critique of metaphysics. It eventually contributed to the formation of the view that ‘analytic’ philosophy is divided from its ‘continental’ counterpart. (shrink)

This brief introduction is for people who want to know the leading approaches to philosophy in the twentieth century in English-speaking countries but do not have much time to study them. The book contains texts of lectures and quizzes with explained answers. By the end of this book, you will understand what analysis is and how to practice it in a philosophical way. Moreover, you will be able to talk confidently about some of the great ideas of such philosophers as (...) L. Wittgenstein, B. Russell, G. E. Moore, A. Ayer, J. Austin, W. V. O. Quine, P. F. Strawson, and more. (shrink)

In his celebrated 'Good and Evil' (l956) Professor Geach argues as against the non-naturalists that ‘good’ is attributive and that the predicative 'good', as used by Moore, is senseless.. 'Good' when properly used is attributive. 'There is no such thing as being just good or bad, [that is, no predicative 'good'] there is only being a good or bad so and so'. On the other hand, Geach insists, as against non-cognitivists, that good-judgments are entirely 'descriptive'. By a consideration of (...) what it is to be an A, we can determine what it is to be a good A, even where the ‘A’ in question is ‘human being’. These battles are fought on behalf of naturalism, indeed, of an up-to-date Aristotelianism. Geach plans to 'pass' from the 'purely descriptive' man to good/bad man, and from human act to good/bad human act. I argue: (l) That the predicative 'good' does have a genuine sense and that it is a mistake to suppose that ‘good’ is a purely attributive adjective. This does not entail that the predicative good (as used by Moore) denotes a non-natural property, but his mistake, if any is metaphysical or ontological not conceptual. (2) That the attributive 'good' cannot be used to generate a naturalistic ethic. It is difficult to extract a set of biologically based requirements out of human nature that are a) reasonably specific; b) rationally binding or at least highly persuasive; and c) morally credible. -/- On the way I protest against Geach’s tendency to try to win arguments by affecting not to understand things. -/- My views to some extent anticipate those of Kraut in *Against Absolute Goodness*. (shrink)

The genealogical deconstruction of the notion of "good" by F.Nietzsche in Genealogy of Morals highlights the arbitrariness of the Platonic unification of various kinds of good, a unification that is still shared by both objectivists and subjectivists. For the same reasons, the attempt of G.E. Moore and other neo-intuitionists to define a single property that is common to all uses of the term "good" and the specular denial of the existence of this property by the emotionalism of A.J. Ayer (...) and Ch.L. Stevenson perhaps debate a false problem. The revival of various forms of Aristotelianism has proposed again Aristotle's answer to Plato: when we say something is good, we want to know what is good, and the answer will be different for different goods. (shrink)

Po-etiche che ci accompagnano. La parola, il linguaggio, l'orrore, la speranza e lo stupore: Paul Celan e Ingeborg Bachmann. La voce, il silenzio, la libertà e il linguaggio: dall'arbitrio originario a Emily Dickinson e oltre. Percorsi etici e poetici: da Spinoza a Kafka, passando per P. Ricoeur e fino a Elizabeth Bishop, Marianne Moore, Margherita Guidacci, Nadine Gordimer e Bianca Maria Frabotta .

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

Lorsque nous avons affaire à des objets ou des états de choses complexes, il est difficile de réduire ces objets, ces états de choses, à la somme de leurs parties. Le holisme est la thèse selon laquelle un objet ou un état de choses ne se réduit pas à la somme de ses parties. On retrouve ce phénomène partout : en sciences (les états mentaux ne semblent pas se réduire à des activations de neurones même s’ ils surviennent sur eux), (...) en sociologie (l’ OM est plus que la somme des joueurs, c’ est pourquoi l’ OM existe même après un changement de joueur), en ontologie (le tout constitué par une moto est plus que l’ ensemble de ses parties, encore faut-il qu’ elles soient assemblées correctement) et en gastronomie (dans une fondue les parties et le tout sont indistinguables). -/- Dans cet article, je vais considérer une forme particulière de holisme, peut-être la plus mystérieuse puisqu’ il s’ agit d’ un holisme de valeurs. Soit la thèse suivante : la valeur d’ un tout n’ est pas égale à la somme des valeurs de ses parties. (shrink)

In spite of Ernst Cassirer’s criticisms of psychologism throughout Substance and Function, in the final chapter he issues a demand for a “psychology of relations” that can do justice to the subjective dimensions of mathematics and natural science. Although these remarks remain somewhat promissory, the fact that this is how Cassirer chooses to conclude Substance and Function recommends it as a topic worthy of serious consideration. In this paper, I argue that in order to work out the details of Cassirer’s (...) psychology of relations in Substance and Function, we need to situate it within two broader frameworks. First, I position Cassirer’s view in relation to the view of psychology and logic endorsed by his Marburg Neo-Kantian predecessors, Hermann Cohen and Paul Natorp. Second, I augment Cassirer’s early account of the psychology of relations in Substance and Function with the more mature view of psychology that he presents in The Philosophy of Symbolic Forms. By placing Cassirer’s account within these contexts, I claim that we gain insight into his psychology of relations, not just as it pertains to mathematics and natural science, but to culture as a whole. Moreover, I maintain that pursuing this strategy helps shed light on one of the most controversial features of his philosophy of mathematics and natural science, viz., his theory of the a priori. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

The local food movement is, increasingly, becoming a part of the modern American landscape. However, while it appears that the local food movement is gaining momentum, one could question whether or not this trend is, in fact, politically and socially sustainable. Is local food just another trend that will fade away or is it here to stay? One way to begin addressing this question is to ascertain whether or not it is compatible with liberalism, a set of influential political theories (...) that have shaped and continue to shape our political system. In this paper, I argue that the local food movement is partially compatible with forms of liberalism that accept the limited application of the principle of neutrality, as there are two directions or trends within local food: (1) The systems based direction and (2) the individual focused direction. The systems based direction is not compatible while the individual focused movement is largely compatible with liberalism. I go on to argue that the two directions form a dialectic that increases the political and social sustainability of the movement as a whole. Conceiving of the individual focused and the systems focused directions as in opposition to one another is, itself, a mistake. (shrink)

In the Critique of Pure Reason, Kant describes schematism as a (A141/B180–1). While most commentators treat this as Kant's metaphorical way of saying schematism is something too obscure to explain, I argue that we should follow up Kant's clue and treat schematism literally as Kunst. By letting our interpretation of schematism be guided by Kant's theoretically exact ways of using the term Kunst in the Critique of Judgment we gain valuable insight into the nature of schematism, as well as its (...) connection to Kant's concerns in the third Critique. (shrink)

In recent discussions of two important issues in the philosophy of perception, viz. the problems of perceptual presence and perceptual constancy, Merleau-Ponty’s ideas have been garnering attention thanks to the work of Sean Kelly and Alva Noë. Although both Kelly’s normative approach and Noë’s enactive approach highlight important aspects of Merleau-Ponty’s view, I argue that neither does full justice to it because they overlook the central role that style plays in his solution to these problems. I show that a closer (...) look at the Phenomenology and several other texts from this period reveals that, on Merleau-Ponty’s account, we are able to perceive the absent features of objects as present, constant properties, and constant objects because we recognize that the objects we perceive have a unique style that persists through and unifies all their appearances. (shrink)

One of the more striking aspects of Maurice Merleau-Ponty's Phenomenology of Perception (1945) is his use of psychological case studies in pathology. For Merleau-Ponty, a philosophical interpretation of phenomena like aphasia and psychic blindness promises to shed light not just on the nature of pathology, but on the nature of human existence more generally. In this paper, I show that although Merleau-Ponty is surely a pioneer in this use of pathology, his work is deeply indebted to an earlier philosophical study (...) of pathology offered by the German Neo-Kantian Ernst Cassirer in the third volume of the Philosophy of Symbolic Forms (1929). More specifically, I argue that Merleau-Ponty, in fact, follows Cassirer in placing Kant's notion of the productive imagination at the centre of his account of pathology and the features of existence it illuminates. Recognizing the debt Merleau-Ponty's account of pathology has to the Kantian tradition not only acts as a corrective to more recent interpretation of Merleau-Ponty's views of pathology (Dreyfus, Romdenh-Romluc), but also recommends we resist the prevailing tendency to treat Merleau-Ponty's philosophy as anti-Kantian. Instead, my interpretation seeks to restore Merleau-Ponty's place within the Kantian tradition. (shrink)

Several prominent philosophers of art have worried about whether Kant has a coherent theory of music on account of two perceived tensions in his view. First, there appears to be a conflict between his formalist and expressive commitments. Second (and even worse), Kant defends seemingly contradictory claims about music being beautiful and merely agreeable, that is, not beautiful. Against these critics, I show that Kant has a consistent view of music that reconciles these tensions. I argue that, for Kant, music (...) can be experienced as either agreeable or beautiful depending on the attitude we take toward it. Although it is tempting to think he argues that we experience music as agreeable when we attend to its expressive qualities and as beautiful when we attend to its formal properties, I demonstrate that he actually claims that we are able to judge music as beautiful only if we are sensitive to the expression of emotion through musical form. With this revised understanding of Kant's theory of music in place, I conclude by sketching a Kantian solution to a central problem in the philosophy of music: given that music is not sentient, how can it express emotion? (shrink)

In the Critique of the Power of Judgment, Kant offers a theory of artistic expression in which he claims that a work of art is a medium through which an artist expresses an ‘aesthetic idea’. While Kant’s theory of aesthetic ideas often receives rather restrictive interpretations, according to which aesthetic ideas can either present only moral concepts, or only moral concepts and purely rational concepts, in this article I offer an ‘inclusive interpretation’ of aesthetic ideas, according to which they can (...) present not only moral and purely rational concepts but also empirical concepts and emotions related to our ordinary experience. Although this latter class of experience-oriented aesthetic ideas has been neglected, I argue that recognizing the role it plays in Kant’s account is crucial for understanding his views not only of artistic production and our experience of art but also of the value he takes art to have for our ordinary experience of the world, others, and our own selves. What is more, insofar as the inclusive interpretation brings to light Kant’s acknowledgement of the close connection between experience and art, it reveals that his overall view of art is more plausible than is often thought, and recommends it as worthy of further consideration. (shrink)

It has become typical to read Kant and Merleau-Ponty as offering competing approaches to perceptual experience. Kant is interpreted as an ‘intellectualist’ who regards perception as conceptual ‘all the way out’, while Merleau-Ponty is seen as Kant’s challenger, who argues that perception involves non-conceptual, embodied ‘coping’. In this paper, however, I argue that a closer examination of their views of perception, especially with respect to the notion of ‘schematism’, reveals a great deal of historical and philosophical continuity between them. By (...) analyzing Kant’s theory of schematism, the interpretation of it by the Neo-Kantian Pierre Lachièze-Rey, and Merleau-Ponty’s theory of the body schema, we find that aspects of Merleau-Ponty’s theory of perception are better understood as a development of Kant’s theory of perception. (shrink)

In this paper, I outline valuable insights that current theorists working in urban environmental ethics can gain from the analysis of nineteenth century urban contexts. Specifically, I argue that an analysis of urban areas during this time reveals two sets of competing metaphysical commitments that, when accepted, shift both the design of urban environments and our relationship with the natural world in these contexts. While one set of metaphysical commitments could help inform current projects in urban environmental ethics, the second (...) “de-animalized” or “cleansed” commitments that influenced the structure of post-nineteenth century urban areas could potentially harm projects in urban environmental ethics. Thus we need to be particularly careful when choosing a metaphysical base for our current urban environmental ethics, as, depending on your specific project, implicitly accepting certain commitments could inadvertently work against the overall goals of the project. (shrink)

This chapter is about micro-inequities and their connection to the problem of implicit bias. It begins by defining micro-inequities, goes on to discuss what makes them wrong and what solutions might be appropriate given the institutional context in which they occur.

The effective altruism movement (EA) is one of the most influential philosophically savvy movements to emerge in recent years. Effective Altruism has historically been dedicated to finding out what charitable giving is the most overall-effective, that is, the most effective at promoting or maximizing the impartial good. But some members of EA want the movement to be more inclusive, allowing its members to give in the way that most effectively promotes their values, even when doing so isn’t overall-effective. When we (...) examine what it means to give according to one’s values, I argue, we will see that this is both inconsistent with what EA is like now and inconsistent with its central philosophical commitment to an objective standard that can be used to critically analyze one’s giving. While EA is not merely synonymous with act utilitarianism, it cannot be much more inclusive than it is right now. (shrink)

This paper explores the tensions between two disparate approaches to addressing hunger worldwide: Food security and food sovereignty. Food security generally focuses on ensuring that people have economic and physical access to safe and nutritious food, while food sovereignty movements prioritize the right of people and communities to determine their agricultural policies and food cultures. As food sovereignty movements grew out of critiques of food security initiatives, they are often framed as conflicting approaches within the wider literature. This paper explores (...) this tension, arguing that food security is based on a particular model of justice, distributive justice, which limits the sovereignty and autonomy of communities as food producers and consumers. In contrast, food sovereignty movements view food security as a necessary part of food sovereignty, but ultimately insufficient for creating food sustainable communities and limiting wider harms. Rather than viewing food security and food sovereignty as in conflict, we argue that food sovereignty’s justice framework both encompasses and entails justice claims that guide food security projects. (shrink)

Unlike its moral and intellectual counterparts, the virtue of aesthetic humility has been widely neglected. In order to begin filling in this gap, I argue that Kant’s aesthetics is a promising resource for developing a model of aesthetic humility. Initially, however, this may seem like an unpromising starting point as Kant’s aesthetics might appear to promote aesthetic arrogance instead. In spite of this prima facie worry, I claim that Kant’s aesthetics provides an illuminating model of aesthetic humility that sheds light (...) not only on the self- and other-directed attitudes it involves, but also on how aesthetic humility can serve as a corrective to the vices of aesthetic arrogance and aesthetic servility. In addition to revealing the ways in which Kant’s aesthetics prizes humility rather than arrogance, I aim to show that the Kantian model of aesthetic humility can enrich our understanding of humility more generally and contribute to the on-going effort in aesthetics to analyse specific aesthetic virtues and vices. (shrink)

This essay constitutes an attempt to probe the very idea of a saying/showing distinction of the kind that Wittgenstein advances in the Tractatus—to say what such a distinction consists in, to say what philosophical work it has to do, and to say how we might be justified in drawing such a distinction. Towards the end of the essay the discussion is related to Wittgenstein’s later work. It is argued that we can profitably see this work in such a way that (...) a saying/showing distinction arises there too. In particular, in the final sub-section of the essay, it is suggested that we can see in Wittgenstein’s later work an inducement to say what we are shown. (shrink)

The “local food” movement has been growing since at least the mid- twentieth century with the founding of the Rodale Institute. Since then, local food has increasingly become a goal of food systems. Today, books and articles on local food have become commonplace, with popular authors such as Barbara Kingsolver1 and Michael Pollan2 espousing the virtues of eating locally. Additionally, local food initiatives, such as the “farm- tofork,” “Buying Local,” and “Slow Food” have gained a strong international following with clearly (...) visible impacts on the food industry and policy. The numbers of local farmers’ markets, community- supported agriculture projects, and community gardens have been on the rise steadily since 1994. (shrink)

Even a morally good practical agent does not act solely from the recog- nition of the abstract demands of moral duty. Often, she acts to satisfy desires for particular ends that are not intrinsically moral. But if freedom, as Kant claims, consists in acting from universal principles one adopts from respect for the moral law, how can agents freely act to satisfy desires for particular ends? The standard answer to this question, the so-called Incorporation Thesis, is, I argue, unsatisfactory both (...) as an interpretation of Kant and on philosophical grounds. I propose instead that, for Kant, the capacity to act freely for the sake of a particular, non-intrinsically moral end is not exhausted by the ability to step back, reflect and decide whether a desire is or can provide a reason to act. Rather, Kant shows, the place for the pursuit of particular ends is determined by practically rational agents’ spontaneous constitution of their moral character, whereby they subordi- nate the pursuit of material, particular ends to the pursuit of formal, moral ones or vice versa. (shrink)

Since the 1960s, the field of urban studies has blossomed in the United States and the United Kingdom, but philosophers participated very little until recently. We are now seeing Western philosophy both return to its urban roots and develop in new directions that ancient Greek philosophers based in Athens never could have imagined. Of all the disciplines, philosophy is one of the most ancient, and it is rooted in ancient cities; indeed, we could argue that philosophy was demanded by the (...) new political form of the city that developed in Athens. Ancient Athenian philosophers were called to reflect on the meaning of the good city, the good life, and good citizenship... (shrink)

Paternalism is widely viewed as presumptively justifiable for children but morally problematic for adults. The standard explanation for this distinction is that children lack capacities relevant to the justifiability of paternalism. I argue that this explanation is more difficult to defend than typically assumed. If paternalism is often justified when needed to keep children safe from the negative consequences of their poor choices, then when adults make choices leading to the same negative consequences, what makes paternalism less justified? It seems (...) true that ordinary adults have capacities enabling them to promote their interests in ways most children lack. This can explain why paternalism is more often justified towards children than adults. What is not explained, however, is why paternalism would be justifiable for children, but not adults, when neither possess the relevant interest-promoting capacities—exactly the cases when paternalism towards adults might be considered. I argue that this dilemma undercuts capacities-based explanations for the belief that childhood is distinctively relevant for the permissibility of paternalism. I then address defenses of both consequentialist and deontological versions of the capacities-based explanation. Absent this capacities-based explanation, I argue that the intuition that less demanding justificatory standards apply to paternalism when directed at children than when directed towards adults presents unresolved problems for egalitarians. (shrink)

Today the relationship between food and cities is revitalizing urban areas, as food production practices transform locales one block and one neighborhood at a time. The key catalysts of this transformation include the commitment to address the root causes of inequalities within food systems and the desire to increase local control over food systems that have been increasingly industrialized and globalized. These goals, encapsulated by the terms “food justice” and “food sovereignty,” play major roles in guiding local food initiatives in (...) cities today. This study explores how justice-oriented urban agriculture projects transform city contexts in ways that reduce regulatory barriers – barriers that, when left in place, could perpetuate systems of oppression. The study ends with the argument that, by removing regulatory barriers, urban agriculture projects are transforming cityscapes in ways that cultivate justice at the system level. (shrink)

Local food initiatives are steadily becoming a part of contemporary cities around the world and can take on many forms. While some of these initiatives are concerned with providing consumers with farm-fresh produce, a growing portion are concerned with increasing the food sovereignty of marginalized urban communities. This chapter provides an analysis of urban contexts with the aim of identifying conceptual barriers that may act as roadblocks to achieving food sovereignty in cities. Specifically, this paper argues that taken for granted (...) commitments created during the birth of the modern city could act as conceptual barriers for the implementation of food sovereignty programs and that urban food activists and programs that challenge these barriers are helping to achieve the goal of restoring food sovereignty to local communities, no matter their reasons for doing so. At the very least, understanding the complexities of these barriers and how they operate helps to strengthen ties between urban food projects, provides these initiatives with ways to undermine common arguments used to support restrictive ordinances and policies, and illustrates the transformative potential of food sovereignty movements. (shrink)

Urban residents have the potential to play a key role in helping to facilitate ecological resilience of wilderness areas and ecosystems beyond the city by helping ensure the migration of nonhuman climate refugee populations. Three ethical frameworks related to this issue could determine whether we have an ethical duty to help nonhuman climate refugee populations: ethical individualism, ethical holism, and species ethics. Using each of these frameworks could support the stronger view that policy makers and members of the public have (...) a moral duty to mitigate the impacts of climate induced migration, or the weaker claim that these impacts should be taken into account when making land-use and planning decisions in urban contexts. (shrink)

Climate change increasingly impacts the resilience of ecosystems and agricultural production. On the one hand, changing weather patterns negatively affect crop yields and thus global food security. Indeed, we live in an age where more than one billion people are going hungry, and this number is expected to rise as climate-induced change continues to displace communities and thus separate them from their means of food production (Internal Displacement Monitoring Centre 2015). In this context, if one accepts a humancentric ethic, then (...) the focus would be on addressing impacts to agricultural production, and thus food security (Borlaug 1997; Navin 2012). On the other hand, ecological resilience is also being impacted by climate change, as species go extinct or migrate due to fluctuating temperatures and shifting weather patterns. This reduction of resilience negatively impacts ecosystem services and the ability of the natural world to support life (Palmer and Larson 2014; Urban 2015). From an environmental holist perspective, then, one could argue that the ethical path would be to focus on reducing negative impacts to species and/or local ecosystems rather than increasing crop yields. Thus, there appears to be a tension between the prioritization of crop yields and the mitigation of ecosystem impacts. While this tension is well established in the agricultural literature (Kirschenmann 2010; Noll 2018), climatezas lochange exacerbates the situation, as agricultural lands are stressed and climate-induced migrations increase already high demands for foodstuffs, thus bringing the conflict to the forefront (Macdonald et al. 2015; Food and Agriculture Organization of the United Nations 2017a). (shrink)

This paper explores the ethical dimensions of lionfish removal and provides an argument supporting hunting lionfish for consumption. Lionfish are an invasive species found around the world. Their presence has fueled management strategies that predominantly rely on promoting human predation and consumption. We apply rights-based ethics, utilitarian ethics, and ecocentric environmental ethics to the question of whether hunting and eating lionfish is ethical. After applying these perspectives, we argue that, from a utilitarian perspective, lionfish should be culled. Rights-based ethics, on (...) the other hand, are not applicable in this case, while ecocentric environmental ethics would support lionfish removal. (shrink)

Seventy-five years before Niander Wallace brutally kills a newborn replicant in Blade Runner 2049, the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research was formed. Its formation led to the creation of the Belmont Report, which established guidelines for the treatment of human subjects. Wallace uses a scalpel as the instrument of disposal, of the newborn replicant, stabbing her in the womb, thereby ending her life moments after wishing her a happy birthday. The conjunction of (...) 2049 and the Belmont Report leads us to important questions concerning biomedical research, given that replicants are “bioengineered humans.” For example, is the “defective” replicant a human subject, and thus protected by research guidelines, or is she a product or consumer good that did not meet expectations? (shrink)

Can investing in women’s agriculture increase productivity? This paper argues that it can. We assess climate and gender bias impacts on women’s production in the global South and North and challenge the male model of agricultural development to argue further that women’s farming approaches can be more sustainable. Level-based analysis (global, regional, local) draws on a literature review, including the authors’ published longitudinal field research in Ghana and the United States. Women farmers are shown to be undervalued and to work (...) harder, with fewer resources, for less compensation; gender bias challenges are shared globally while economic disparities differentiate; breaches of distributive, gender, and intergenerational justices as well as compromise of food sovereignty affect women everywhere. We conclude that investing in women’s agriculture needs more than standard approaches of capital and technology investment. Effective ‘investment’ would include systemic interventions into agricultural policy, governance, education, and industry; be directed at men as well as women; and use gender metrics, for example, quotas, budgets, vulnerability and impacts assessments, to generate assessment reports and track gender parity in agriculture. Increasing women’s access, capacity, and productivity cannot succeed without men’s awareness and proactivity. Systemic change can increase productivity and sustainability. (shrink)

In Religion within the Bounds of Mere Reason Kant famously argues that the moral quality of an an agent’s actions depends on the moral quality of their moral character and since their moral character can be either absolutely good or absolutely bad, all of an agent’s actions share the same moral quality: good or evil (R 6: 22). This claim, which implies that any agent who is not wholly good must therefore be wholly evil, has vexed Kant’s readers. Ordinary moral (...) intuitions suggest that differences in moral character come in degrees, and leaving some room for moral variance seems necessary to any account of moral corruption and improvement. What is not often remarked upon is that Kant’s rigorism about moral character stands in apparent tension with his own account, given that in the same work, of the Stufen, levels or grades, of evil: frailty, impurity, and wickedness. I argue that rigorism is grounded in a philosophical insight which we should not give up and show that we can preserve it while making room for the complexity of moral failure if we understand the first two grades of evil, frailty and impurity, as states of moral immaturity, a condition that precedes the acquisition of a stable moral character. To substantiate the claim, I argue that the idea of the acquisition of character must play a wholly different role in Kant’s practical philosophy than that accorded to it on standard readings. Not merely an “empirical” concern, the acquisition of character must be understood as a genuinely rational accomplishment: the development and determination of our uniquely rational capacities for feeling, necessary for the development of stable moral character. (shrink)

While we are currently experiencing a renaissance in philosophical work on agriculture and food ( Barnhill, Budolfson, & Doggett 2016 ; Thompson 2015 ; Kaplan 2012 ), these topics were common sources of discussion throughout the three-thousand-year history of Western thought. For example, the Ancient Greek philosopher Aristotle (2014 ) explored connections between fulfi lling human promise and systems of agriculture ( Thompson & Noll 2015 ) and Hippocrates (1923 ) stressed the importance of cultivating agricultural products provided by nature (...) ( Zwart 2000 ). In order to live a truly human life, Hippocrates argued, one must not passively consume crude food products, as such brutish living leads to terrible suffering. Later, both the Hebrew Bible and Christian Gospels provided clear ethical mandates concerning agricultural practices and the consumption of food. These mandates or ethics needed to be observed regardless of context ( Zwart 2000 ). More recently, Thomas Jefferson added to this literature, as he engaged in agricultural production at his Monticello plantation and wrote extensively on how farming is intimately connected to the political system of democracy ( Thompson & Noll 2015 ). This refl ection on food and agriculture continued into the 20th century, albeit not in the discipline of philosophy. Scientists and agricultural leaders, such as Henry Wallace and Liberty Hyde Bailey, provided important critiques of agricultural practices contemporary to their time. (shrink)

Local food projects are steadily becoming a part of contemporary food systems and take on many forms. They are typically analyzed using an ethical, or sociopolitical, lens. Food focused initiatives can be understood as strategies to achieve ethical change in food systems and, as such, ethics play a guiding role. But local food is also a social movement and, thus social and political theories provide unique insights during analysis. This paper begins with the position that ontology should play a more (...) prominent part in the analysis of local food movements, as this lens could provide unique insights into basic commitments guiding such initiatives. The paper presents the argument that ontological analyses are imperative for fully understanding local food movements. It then provides an overview of the justice frameworks and ontological orientations that guide two dominant types of initiatives: Those committed to increasing food security and those committed to food sovereignty. The paper ends with the argument that food sovereignty projects are revolutionary, not only because they challenge us to change industrial food practices, but also because they are built on a radical new political ontology, and co-constitutive food-focused orientation, that forms the foundation for alternative social and political structures. (shrink)

This paper turns to pragmatism for strategies to assist with the timely implementation of conservation efforts, as it provides tools to unfreeze policy decision making so that stakeholders, from farmers to wildlife organizations, can readily address impacts associated with climate induced non-human migration. The first section of this essay introduces readers to the topic of climate induced migration and provides an overview of how agriculture could either inhibit or help facilitate migrating species. The second section then applies Thompson’s analysis of (...) water policy, specifically his triangular structure of libertarianism, utilitarianism, and egalitarianism, to the problem of non-human climate refugees to identify positions that could be taken, as producers, policy makers, and other stakeholders determine if they should adopt strategies to assist migrating species. This analysis ends with the argument that the field of applied ethics, while useful for identifying key policy positions, can provide little insight to stakeholders facing issues associated with climate induced migration. The final section of the paper turns to pragmatism for strategies that could help guide wildlife conservation decisions on the ground. It is the author’s hope that a wide range of readers will find this paper useful, as it brings together work in environmental ethics, wildlife conservation literature, and public policy. (shrink)