In fundamental rights adjudication, should judges defer to the judgment of other decision makers? How can they defer, without betraying the respect that judges ought to accord those rights? How can they refuse to defer, without betraying the respect that judges ought to accord to other decision makers? I argue that only principles of comity justify deference, and their reach is limited. Comity never forbids the judges to take and to act upon a different view of fundamental rights from that (...) of another decision maker. I elaborate this view by reference to the decision of the House of Lords in Adan and Aitseguer [2001] 1 All ER 593. (shrink)

Objective: Compassion has been associated with eudaimonia and prosocial behavior, and has been regarded as a virtue, both historically and cross-culturally. However, the psychological study of compassion has been limited to laboratory settings and/or standard survey assessments. Here, we use an experience sampling method (ESM) to compare naturalistic assessments of compassion with standard assessments, and to examine compassion, its variability, and associations with eudaimonia and prosocial behavior. -/- Methods: Participants took a survey which included standard assessments of compassion and eudaimonia. (...) Then, over four days, they were repeatedly asked about their level of compassion, eudaimonia, and situational factors within the moments of daily life. Finally, prosocial behavior was tested using the Dual Gamble Task and an opportunity to donate task winnings. -/- Results: Analyses revealed within-person associations between ESM compassion and eudaimonia. ESM compassion also predicted eudaimonia at the next ESM time point. While not impervious to situational factors, considerable consistency was observed in ESM compassion in comparison with eudaimonia. Further, ESM compassion along with eudaimonia predicted donating behavior. Standard assessments did not. -/- Conclusion: Consistent with virtue theory, some individual’s reports displayed a probabilistic tendency toward compassion, and ESM compassion predicted ESM eudaimonia and prosocial behavior toward those in need. (shrink)

Abstract A Note to Cogito Les Jones Blackburn College Previous submissions include -Intention, interpretation and literary theory, a first lookWittgenstein and St Augustine A DiscussionAreas of Interest – History of Western Philosophy, Miscellaneous Philosophy, European A Note on Cogito Descartes' brilliance in driving out doubt, and proving the existence of himself as a thinking entity, is well documented. Sartre's critique (or maybe extension) is both apposite and grounded and takes these enquiries on to another level. Let's take a look. (...) 'I think' somehow, for all its power, lacks something. What? Consider what one does when thinking (difficult, but we can try). Implicit in the word 'think', in fact the very essence of the word 'think', is that activity is going on, and if such activity is going on then it must be going on about something, an object, an emotion, a problem,or maybe some dreamlike state, but common to all these is that something is going on. Is that really so? Well, if that wasn't so we would be able to think in a pure state, wouldn't we? But what does a pure state of 'thinking' mean? It can't mean that there isnothing there, because if there were nothing there then no thinking would be taking place. Can it mean that we are thinking of nothing? Well no, because if we are thinking of nothing then we are thinking of something, we are contemplating the notion, or the nature, of nothing. In fact, one can argue that if we talk of something, inthis case nothing or nothingness, then in our head we have some notion of what that is, i.e. something exists in the mind for it to come out of our mouths. Thinking is a recognition of something outside the individual, for the very act of direction, which isan indispensable part of thinking, recognises, must recognise, that there are things to address outside the individual. Something else to bear in mind. According to Sartre human beings are condemned to freedom. Why condemned? Human beings did not choose to be born, but the act ofbeing born also imparts the freedom of which Sartre speaks. Freedom is something which we parrot off as being a sine qua non for the human condition. I believe that's true, but freedom in this sense isn't without its consequences for the individual humanbeing, for individual human beings handle freedom differently. To some it enables them to fly, to others it imparts immense pressures, anguish, heartbreak, unhappiness can all be associated with such freedom. Each individual is responsible for his destiny, for his direction. If someone says that God impelled him, that individual chose his or her God, and chose to obey his or her God. This believer has to sift through the multitude of things that his or her God desire of him or her. All this is fine, so long as we acknowledge what is going on here. Belief in God is, by definition, a belief. Belief, following Wittgenstein, is a language game with its rules and its boundaries. The essential feature of religion as language game are its boundaries, which can be summed up in the word belief. OK, belief has its practises which are its constituent parts, but belief is the boundary between religion and other language games, as the proof constituents are different. Our world is determined by the language used to describe everything that goes on within it. The boundaries of our world are set by the language we use. This might be better put as language gives access to ever expending boundaries. Ever expanding boundaries are only possible by ever expanding thought, and ever expanding thought is only possible by ever expanding directions to our thought brought about through language. It is a fact taken that to be conscious is to think. How could this be otherwise? Consciousness without thought just does not make sense. Imagine a state of consciousness without directional thought. What would it be like? It would be something never experienced, completely out of our understanding. Why? Because understanding itself is a directional thought process. If we say we are going outside our understanding then that is a world of void, and a world of void does not exist. Can such a world be contemplated in our thinking? Well, yes, but then it requires thinking, and thinking requires direction, and such direction requires language. Why does direction require language? Because there is no other way for human beings to articulate a directional thought. Could one point at an image without language? Well, one could have an image in mind, but the essence of saying something about it, of descriptive power, brings us back to the essence, to the power of language to direct. So what of this language of which we speak? Wittgenstein's private language argument points us towards the notion that language itself constantly develops and redevelops through human interaction. Descarte's cogito implies that thinking rules out doubt of one's own existence. But such thinking, to be valid, to make sense, to direct, must develop in a language that has developed, has been verified, by a plurality, by a plurality whose essence is social. Correct use of language symbols, i.e. words, requires that we verify and reverify the accuracy of such symbols. How do we do that? We do that in constant usage, in constant interaction, with other human beings. An individual using a private language could not be understood by others, his symbol system has not been verified by others, his meanings may not be your meanings. It follows from what we have said above that language is constructed, and is continually constructed, in a social context. Given our previous thoughts regarding verification this could not be otherwise. Language has a normative form. All language users are required, by their very use of the language, to verify the use of terms, grammar etc etc. As Wittgenstein cites (appropriately) games as a model, let us take a look. If I play e.g. Ludo, I am governed by the rules. It is not just that I may play dishonestly, for if I were to play at all that very dishonesty, to count as Ludo, would have to be rule governed. The rules of Ludo are Ludo, they are the essence and the constitution of it. Wittgenstein, particularly in his later writings, interweaves many concepts, and connects them in different and sometimes rather elusive ways. Wittgenstein sees concepts like emotions, sentiments and experiences in these interweaving maps. Of course these can be regarded as psychological concepts ** Language can be considered in another but related way, as embodying the elements of a cultural heritage. Language was seen as embodying the notion of higher culture in the arts, architecture etc. Over recent decades this has tended to shift to consider less tangible benefits, such things as oral traditions, cultural values and cultural identity. So language enables us to explore, through the achievements of past generations, cultural mores that may have laid unchallenged for many years. Many of these values and mores may be seen as independent of the language by which they are transmitted, but still this monumental accomplishment of mankind i.e. language, enables man to explore, to modify, to codify, to extend the boundaries of human experience. There are therefore massive implications for our Note on Cogito of Wittgenstein's work. Following Wittgenstein emotions and other psychological concepts can be termed depth grammar, and are distinguished by the fact that the third person of the present is recognised by observation, the first person is not. Taking Wittgenstein's well known pain example the sentence 'He is in pain' is a third person statement of an observational nature. The sentence 'I am in pain' is not derived from observation but from experience, it is an expression of that experience, it's essence is the experience. The asymmetry consists in the fact that predicting psychological attributes of others is warranted by what they do and say. By contrast, the use of such statements in the first person present tense does not rest on one's observation of one's own behaviour. (Hacker 2010:287) p 9 According to Wittgenstein 'I am in pain' is more like a cry of pain, an expression of pain, than a report of some pain. Of course this appertains for other similar statements. 'I feel good' etc. (shrink)

Higher education institutions are mining and analyzing student data to effect educational, political, and managerial outcomes. Done under the banner of “learning analytics,” this work can—and often does—surface sensitive data and information about, inter alia, a student’s demographics, academic performance, offline and online movements, physical fitness, mental wellbeing, and social network. With these data, institutions and third parties are able to describe student life, predict future behaviors, and intervene to address academic or other barriers to student success (however defined). Learning (...) analytics, consequently, raise serious issues concerning student privacy, autonomy, and the appropriate flow of student data. We argue that issues around privacy lead to valid questions about the degree to which students should trust their institution to use learning analytics data and other artifacts (algorithms, predictive scores) with their interests in mind. We argue that higher education institutions are paradigms of information fiduciaries. As such, colleges and universities have a special responsibility to their students. In this article, we use the information fiduciary concept to analyze cases when learning analytics violate an institution’s responsibility to its students. (shrink)

The harms associated with wireless mobile devices (e.g. smartphones) are well documented. They have been linked to anxiety, depression, diminished attention span, sleep disturbance, and decreased relationship satisfaction. Perhaps what is most worrying from a moral perspective, however, is the effect these devices can have on our autonomy. In this article, we argue that there is an obligation to foster and safeguard autonomy in ourselves, and we suggest that wireless mobile devices pose a serious threat to our capacity to fulfill (...) this obligation. We defend the existence of an imperfect duty to be a ‘digital minimalist’. That is, we have a moral obligation to be intentional about how and to what extent we use these devices. The empirical findings already justify prudential reasons in favor of digital minimalism, but the moral duty is distinct from and independent of prudential considerations. (shrink)

In seeking to clarify the concept of conflict of interest (COI) in debates about physician–industry relationships, Howard Brody (2011) highlights the extent to which the prob- lem turns on a common pejorative understanding of COI. Whether it is the academic or public policy “pharmapologists” or “pharmascolds” talking about COI, there is often a straightforward and overly simplistic correlation made: that is, a conflict of interest—by definition—leads to fraudulent or corrupt behavior. The same type of reasoning is com- monly found in (...) discussions about COI outside the health sciences, most notably in news stories about the awarding of government contracts or the behaviour of corporate executives. The problem is that in focusing on dramatic failures to manage COI (e.g., around Vioxx), there is a tendency to strongly associate COI with extreme forms of financial and even criminal misconduct, leaving the public, policymakers, academics, and professionals with a skewed and limited understanding of the concept. (shrink)

Scientific realists have claimed that the posit that our theories are (approximately) true provides the best or the only explanation for their success . In response, I revive two non-realists explanations. I show that realists, in discarding them, have either misconstrued the phenomena to be explained or mischaracterized the relationship between these explanations and their own. I contend nonetheless that these non-realist competitors, as well as their realist counterparts, should be rejected; for none of them succeed in explaining a significant (...) list of successes. I propose a related non-realist explanation of success that appears to be the most suitable among those considered. (shrink)

The axiological tenet of scientific realism, “science seeks true theories,” is generally taken to rest on a corollary epistemological tenet, “we can justifiably believe that our successful theories achieve (or approximate) that aim.” While important debates have centered on, and have led to the refinement of, the epistemological tenet, the axiological tenet has suffered from neglect. I offer what I consider to be needed refinements to the axiological postulate. After showing an intimate relation between the refined postulate and ten theoretical (...) desiderata, I argue that the axiological postulate does not depend on its epistemological counterpart; epistemic humility can accompany us in the quest for truth. Upon contrasting my axiological postulate against the two dominant non-realist alternatives and the standard realist postulate, I contend that its explanatory and justificatory virtues render it, among the axiologies considered, the richest account of the scientific enterprise. (shrink)

This paper explores relationships between environment and education after the Covid-19 pandemic through the lens of philosophy of education in a new key developed by Michael Peters and the Philosophy of Education Society of Australasia. The paper is collectively written by 15 authors who responded to the question: Who remembers Greta Thunberg? Their answers are classified into four main themes and corresponding sections. The first section, ‘As we bake the earth, let's try and bake it from scratch’, gathers wider philosophical (...) considerations about the intersection between environment, education, and the pandemic. The second section, ‘Bump in the road or a catalyst for structural change?’, looks more closely into issues pertaining to education. The third section, ‘If you choose to fail us, we will never forgive you’, focuses to Greta Thunberg’s messages and their responses. The last section, ‘Towards a new normal’, explores future scenarios and develops recommendations for critical emancipatory action. The concluding part brings these insights together, showing that resulting synergy between the answers offers much more then the sum of articles’ parts. With its ethos of collectivity, interconnectedness, and solidarity, philosophy of education in a new key is a crucial tool for development of post-pandemic education. (shrink)

There are two primary arguments against scientific realism, one pertaining to underdetermination, the other to the history of science. While these arguments are usually treated as altogether distinct, P. Kyle Stanford's ‘problem of unconceived alternatives’ constitutes one kind of synthesis: I propose that Stanford's argument is best understood as a broad modus ponens underdetermination argument, into which he has inserted a unique variant of the historical pessimistic induction. After articulating three criticisms against Stanford's argument and the evidence that he offers, (...) I contend that, as it stands, Stanford's argument poses no threat to contemporary scientific realism. Nonetheless, upon identifying two useful insights present in Stanford's general strategy, I offer an alternative variant of the modus ponens underdetermination argument, one that, although historically informed by science, requires no inductive premises. I contend that this non-inductive but historically informed variant of the modus ponens clarifies and considerably strengthens the case against scientific realism. (shrink)

I consider the fundamental philosophical problem for Christology: how can one and the same person, the Second Person of the Trinity, be both God and man. For being God implies having certain attributes, perhaps immutability, or impassibility, whereas being human implies having apparently inconsistent attributes. This problem is especially vexing for the proponent of Conciliar Christology – the Christology taught in the Ecumenical Councils – since those councils affirm that Christ is both mutable and immutable, both passible and impassible, etc. (...) Many extant solutions to this problem approach it by claiming that the predicates are incompatible when said of the same thing without qualification, but that once the appropriate qualification is added, compatibility is achieved. I provide a different approach. Here I argued that the predicates can be understood so that they are compatible. I then work out the logical relations between the predicates, so understood, showing that no contradiction follows from understanding them in the way I suggest. After that, I consider some of the motivations we have for believing the purportedly incompatible pairs to be, in fact, incompatible, and argue that, on the view offered here, we can salvage most of our intuitions that motivate taking the predicates as incompatible. Finally, I consider three objections. (shrink)

In this paper, we consider recent attempts to metaphysically explain agentive modality in terms of conditionals. We suggest that the best recent accounts face counterexamples, and more worryingly, they take some agentive modality for granted. In particular, the ability to perform basic actions features as a primitive in these theories. While it is perfectly acceptable for a semantics of agentive modal claims to take some modality for granted in getting the extension of action claims correct, a metaphysical explanation of agentive (...) modality cannot, at least not in the way that conditional approaches to agentive modality do. We argue that this problem was present even in the classical conditional analysis. By a pessimistic induction, we suggest that, probably, no conditional approach to agentive modality will succeed. (shrink)

Subjectivity theories of consciousness take self-reference, somehow construed, as essential to having conscious experience. These theories differ with respect to how many levels they posit and to whether self-reference is conscious or not. But all treat self-referencing as a process that transpires at the personal level, rather than at the subpersonal level, the level of mechanism. -/- Working with conceptual resources afforded by pre-existing theories of consciousness that take self-reference to be essential, several attempts have been made to explain seemingly (...) anomalous cases, especially instances of alien experience. These experiences are distinctive precisely because self-referencing is explicitly denied by the only person able to report them: those who experience them deny that certain actions, mental states, or body parts belong to self. The relevant actions, mental states, or body parts are sometimes attributed to someone or something other than self, and sometimes they are just described as not belonging to self. But all are referred away from self. -/- The cases under discussion here include somatoparaphrenia, schizophrenia, depersonalization, anarchic hand syndrome, and utilization behavior; the theories employed, Higher-Order Thought, Wide Intrinsicality, and Self-Representational. Below I argue that each of these attempts at explaining or explaining away the anomalies fails. Along the way, since each of these theories seeks at least compatibility with science, I sketch experimental approaches that could be used to adduce support for my position, or indeed for the positions of theorists with whom I disagree. -/- In a concluding section I first identify two presuppositions shared by all of the theorists considered here, and argue that both are either erroneous or misleading. Second, I call attention to divergent paths adopted when attempting to explain alienation experiences: some theorists choose to add a mental ingredient, while others prefer to subtract one. I argue that alienation from experience, action, or body parts could result from either addition or subtraction, and that the two can be incorporated within a comprehensive explanatory framework. Finally, I suggest that this comprehensive framework would require self-referencing of a sort, but self-referencing that occurs solely on the level of mechanism, or the subpersonal level. In adumbrating some features of this “subpersonal self,” I suggest that there might be one respect in which it is prior to conscious experience. (shrink)

This paper exposits and makes steps towards solving a puzzle about epistemic value. The puzzle is that several principles about the epistemic value of true beliefs and epistemic disvalue of false beliefs are, individually, plausible but, collectively, contradictory. My solution claims that sometimes false beliefs are epistemically valuable. I nonetheless show how my solution is not in deep tension with the Jamesian idea that true beliefs are epistemically valuable and false beliefs are epistemically disvaluable. I conclude by indicating how the (...) results here are relevant to formulating and defending Veritism. (shrink)

In a recent issue of Faith and Philosophy, Steven Cowan calls into question our success in responding to what we called the “Problem of Heavenly Free- dom” in our earlier “Incompatibilism, Sin, and Free Will in Heaven.” In this reply, we defend our view against Cowan’s criticisms.

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...) Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

This paper defends a conception of epistemic value that I call the “Simpliciter Conception.” On it, epistemic value is a kind of value simpliciter and being of epistemic value implies being of value simpliciter. I defend this conception by criticizing two others, what I call the Formal Conception and the Hybrid Conception. While those conceptions may be popular among epistemologists, I argue that they fail to explain why anyone should care that things are of epistemic value and naturally undercuts disputes (...) about what is of epistemic value. I end by sketching and locating my conception within some increasingly popular views in meta-normativity. (shrink)

Dans notre société de plus en plus digitalisée, avons-nous vraiment le choix d’adopter ou non les technologies? Comment cette digitalisation impacte-t-elle les personnes âgées en particulier et son écosystème? Quels sont les enjeux éthiques soulevés par cette digitalisation? Ce texte vise à amener des éléments de réflexions en lien avec ces enjeux selon le point de vue de divers experts des domaines de la technologie, du vieillissement et de la bioéthique. Ces experts se sont rencontrés lors d’un symposium ayant eu (...) lieu à Angers, France, en octobre 2019. Le texte est un compte-rendu des échanges et points de vue de ces experts, ainsi que des discussions ouvertes qu’ils ont eues avec l’assistance, portant sur les principaux enjeux soulevés par cette digitalisation selon la perspective des personnes âgées, des proches-aidants, des soignants, de la société et de la recherche. (shrink)

Plantinga develops an ambitious theistic religious epistemology on which theists can have non-inferential knowledge of God. Central to his epistemology is the idea that human beings have a “sensus divinitatis” that produces such knowledge. Recently, several authors have urged an appropriation of the sensus divinitatis that is more friendly to internalist views, such as Phenomenal Conservativism. I argue that this appropriation is too timid and tepid in a variety of ways. It applies only to a small fraction of theistic beliefs; (...) it fails to play the theological role Plantinga intended the sensus divinitatis to play; it fails to imply that most theistic beliefs, most of the time, are justified; when combined with a standard form of Evidentialism, it actually implies that most theistic beliefs are, if justified, inferentially justified; and it is consistent with substantive criticisms of theistic belief originating in work from the Cognitive Science of Religion. (shrink)

The value of extending the human lifespan remains a key philosophical debate in bioethics. In building a case against the extension of the species-typical human life, Nicolas Agar considers the prospect of transforming human beings near the end of their lives into Galapagos tortoises, which would then live on decades longer. A central question at stake in this transformation is the persistence of human consciousness as a condition of the value of the transformation. Agar entertains the idea that consciousness could (...) persist in some measure, but he thinks little is to be gained from the transformation because the experiences available to tortoises pale in comparison to those available to human beings. Moreover, he thinks persisting human consciousness and values would degrade over time, being remade by tortoise needs and environment. The value available in the transformation would not, then, make the additional years of life desirable. Agar’s account does not, however, dispose of the tortoise transformation as a defensible preference. Some people might still want this kind of transformation for symbolic reasons, but it would probably be better that no continuing human consciousness persist, since that consciousness would be inexpressible as such. Even so, it is not irrational to prefer various kinds of lifespan extension even if they involve significant modifications to human consciousness and values. (shrink)

The rapidly declining biosphere integrity, representing one of the core planetary boundaries, is alarming. One of the most widely accepted measures to halt the rate of biodiversity loss is to maintain and expand protected areas that are effectively managed. However, it requires substantial finance derived from nature-based tourism, specifically visitors from urban areas. Using the Bayesian Mindsponge Framework (BMF) on 535 Vietnamese urban residents, the current study examined how their biodiversity loss perceptions can affect their willingness to pay for the (...) entrance fee and conservation in protected areas. We found that perceived environmental degradation, loss of economic growth, loss of nature-based recreation opportunity, and loss of knowledge as consequences of biodiversity loss has indirect effects on paying willingness through the mediation of the attitude towards conservation. Especially, the perceived knowledge loss also has a direct positive influence on the willingness to pay for the entrance fee and conservation. In contrast, perceived loss of health is negatively associated with the attitude towards conservation. Based on these findings, we suggest that building an eco-surplus culture among urban residents can be a promising way to generate more finance from nature-based tourism for conservation in protected areas and ease the domestic government's and international organizations' funding allocations problems. (shrink)

One of the challenges in secondary schools today is infringements on students’ rights, in a tortious way that may also constitute breach of the Child’s Right Act of 2003 in Nigeria. These breach on rights usually come through the administration of corporal punishments on students, and mainly because the school heads see themselves as loco parentis of the students who can, therefore, enforce any form of punishment on them in the school. This study investigated knowledge, attitude, and infringement of tort (...) law among public secondary school heads on students in Osun State. All the students in Osun State public secondary schools and 723 heads constituted the population. A sample of 54 school heads and 180 students were selected using multi-stage sampling procedure. Two instruments were designed to elicit responses from the respondents. Descriptive and inferential statistics were used to answer the research questions raised for the study. The results showed that school heads do not have adequate knowledge of tort law and that both the school heads and students have poor attitude toward it tort law. The study recommends that short term training on student’s right, how they can be legally protected and tort law be organised for school heads. (shrink)

In this paper I challenge and adjudicate between the two positions that have come to prominence in the scientific realism debate: deployment realism and structural realism. I discuss a set of cases from the history of celestial mechanics, including some of the most important successes in the history of science. To the surprise of the deployment realist, these are novel predictive successes toward which theoretical constituents that are now seen to be patently false were genuinely deployed. Exploring the implications for (...) structural realism, I show that the need to accommodate these cases forces our notion of “structure” toward a dramatic depletion of logical content, threatening to render it explanatorily vacuous: the better structuralism fares against these historical examples, in terms of retention, the worse it fares in content and explanatory strength. I conclude by considering recent restrictions that serve to make “structure” more specific. I show however that these refinements will not suffice: the better structuralism fares in specificity and explanatory strength, the worse it fares against history. In light of these case studies, both deployment realism and structural realism are significantly threatened by the very historical challenge they were introduced to answer. (shrink)

For millennia self has been conjectured to be necessary for consciousness. But scant empirical evidence has been adduced to support this hypothesis. Inconsistent explications of “self” and failure to design apt experiments have impeded progress. Advocates of phenomenological psychiatry, however, have helped explicate “self,” and employed it to explain some psychopathological symptoms. In those studies, “self” is understood in a minimalist sense, sheer “for-me-ness.” Unfortunately, explication of the “minimal self” (MS) has relied on conceptual analysis, and applications to psychopathology have (...) been hermeneutic, allowing for many degrees of interpretive latitude. The result is that MS’s current scientific status is analogous to that of the “atom,” at the time when “atom” was just beginning to undergo transformation from a philosophical to a scientific concept. Fortunately, there is now an opportunity to promote a similar transformation for “MS.” Discovery of the brain’s Default Mode Network (DMN) opened the door to neuroimaging investigations of self. Taking the DMN and other forms of intrinsic activity as a starting point, an empirical foothold can be established, one that spurs experimental research and that enables extension of research into multiple phenomena. New experimental protocols that posit “MS” can help explain phenomena hitherto not thought to be related to self, thereby hastening development of a mature science of self. In particular, targeting phenomena wherein consciousness is lost and recovered, as in some cases of Unresponsive Wakefulness Syndrome (UWS), allow for design of neuroimaging probes that enable detection of MS during non-conscious states. These probes, as well as other experimental protocols applied to NREM Sleep, General Anesthesia (GA), and the waking state, provide some evidence to suggest that not only can self and consciousness dissociate, MS might be a necessary precondition for conscious experience. Finally, these findings have implications for the science of consciousness: it has been suggested that “levels of consciousness” (LoC) is not a legitimate concept for the science of consciousness. But because we have the conceptual and methodological tools with which to refine investigations of MS, we have the means to identify a possible foundation—a bifurcation point—for consciousness, as well as the means by which to measure degrees of distance from that foundation. These neuroimaging investigations of MS position us to better assess whether LoC has a role to play in a mature science of consciousness. (shrink)

Samuel Clarke was one of Spinoza's earliest and fiercest opponents in England. I uncover three related Clarkean arguments against Spinoza's metaphysic that deserve more attention from readers today. Collectively, these arguments draw out a tension at the very heart of Spinoza's rationalist system. From the conjunction of a necessary being who acts necessarily and the principle of sufficient reason, Clarke reasons that there could be none of the diversity we find in the universe. In doing so, Clarke potentially reveals an (...) inconsistent triad in Spinoza. Responses to this inconsistency map onto a deep division in the contemporary Spinoza literature. I conclude that Clarke's arguments provide a new approach to the recently revived debate over acosmic interpretations of Spinoza and point to new interpretive possibilities. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Bare particulars tend to get a bad rap. But often, the arguments lodged against bare particulars seem to miss important aspects of the theoretical context of bare particulars. In particular, these arguments fail to situate bare particulars within a constituent ontology with substrates, and thus fail to appreciate an important consequence of that context: the need for two types of exemplification. In this paper, I do three things. First, I motivate and describe the need, given bare particulars, for two types (...) of exemplification, and explore more generally how constituent ontologies with substrates ought to think about exemplification. Second, I show how Andrew Bailey’s (2012) new argument against bare particulars fails when that need is charitably considered. Third, I highlight where bare particular theory ought to be pressed, which turns out to be precisely its account of exemplification. (shrink)

Though Socrates can easily look like a cosmopolitan in moral and political theory, a closer reading of the relevant texts shows that, in the most important sense of the term as we now use it, he turns out – disappointingly, perhaps – not to be. The reasons why not are instructive and important, both for readers of Plato and for political theorists; they have to do with the phenomenon that I shall call ethical blind-spots.

Neuroscience hasn’t shown how quite similar sensory circuits encode quite different colors and other qualia, nor how the unified pictorial form of images is encoded, nor how these codes yield conscious images. Neuroscience’s fixation here on cortical codes may be the culprit. Treating conscious images partly as retinal substances may avoid these problems. The evidence for conscious retinal images is that (a) the cortical codes for images are quite problematic, (b) injecting retinas with certain genes turns dichromats into trichromats without (...) cortical help, (c) retinas can discern colors by themselves without cortex, (d) retinal distortions appear in images but cortical distortions don’t, (e) retinal detectors support finely detailed colors, but V4 detectors don’t, due to their big receptive fields, (f) retinal activity has pictorial form, but viable cortical codes for pictorial form don’t exist. So, the colors and unified pictorial form of images arguably arise mainly across arrays of retinal detectors—not from abstract cortical codes. Images may be hidden in retinal activity beyond what EEGs show of it (cf. Strawson’s monism). Also, cortex refines these retinal images but cortical impairment (anesthesia, lesions, etc.) blocks awareness of them, for they’re no longer accessible to the mind’s subject-centered consciousness, resident in cortex. This proposal is largely testable and based in recent evidence. It avoids neuroscience’s elusive, problematic coded images and enigmatic explanations of how they become conscious. (shrink)

Ongoing research in the fields of genetics and biotechnology hold the promise of improved diagnosis and treatment of genetic diseases, and potentially the development of individually tailored pharmaceuticals and gene therapies. Difficulty, however, arises in determining how these services are to be evaluated and integrated equitably into public health care systems such as Canada's. The current context is one of increasing fiscal restraint on the part of governments, limited financial resources being dedicated to health care, and rising costs for new (...) health care services and technologies. This has led to increasing public debate in the last few years about how to reform public health care, and whether we should prohibit, permit or perhaps even encourage private purchase of health care services. ;In Canada, some of these concerns have crystallized around the issue of gene patents and commercial genetic testing, in particular as illustrated by the case of Myriad Genetics' patented BRACAnalysis test for hereditary breast and ovarian cancer. While most Canadians who currently access genetic services do so through the public health care system, for those with the means, private purchase is becoming an option. This situation raises serious concerns---about justice in access to health care; about continued access to safe and reliable genetic testing supported by unbiased patient information; and about the broader effects of commercialization for ongoing research and the Canadian public health care system. Commercial genetic testing presents a challenge to health care professionals, policy analysts, and academics concerned with the social, ethical and policy implications of new genetic technologies. Using the Myriad case as an exemplar, tools from moral philosophy, the social sciences, and health policy and law will be brought to bear on the larger issues of how as a society we should regulate commercial research and product development, and more coherently decide which services to cover under public health insurance and which to leave to private purchase. Generally, the thesis is concerned with the question of "how best to bring capital, morality, and knowledge into a productive and ethical relationship". (shrink)

The case of Andrew Gobea, the first child to receive experimental gene therapy for SCID, and a reflection on the associated ethical implications of gene therapy research.

In a recent article, David Kyle Johnson has claimed to have provided a ‘refutation’ of skeptical theism. Johnson’s refutation raises several interesting issues. But in this note, I focus on only one—an implicit principle Johnson uses in his refutation to update probabilities after receiving new evidence. I argue that this principle is false. Consequently, Johnson’s refutation, as it currently stands, is undermined.

L’érosion actuelle de la confiance du public envers les campagnes de vaccination et les décisions de politiques publiques qui y sont associées, aggravée par des scandales comme ceux relatifs à la pandémie H1N1 et l’utilisation du Tamiflu™, risque de diminuer de façon significative l’efficacité de ces interventions importantes pour la santé publique. Un manque de confiance de la population envers les acteurs de santé publique peut conduire à une méfiance accrue face aux interventions, pouvant ainsi compromettre l’atteinte des objectifs recherchés (...) par une intervention spécifique et, conséquemment, avoir un impact important sur les bénéfices attendus pour la population visée par cette intervention. Dans la production des avis d’experts, les membres des comités consultatifs d’experts en immunisation (CCEI) peuvent avoir une influence importante sur la prise de décision publique, notamment, sur la sélection par les décideurs de santé publique de vaccins en particulier et la façon dont les campagnes de vaccination seront déployées. En contrepartie de cette influence sur les décisions publiques, une indépendance et une transparence sont attendues de leur part puisque des mécanismes de divulgation et de gestion de conflits d’intérêts (CI) imparfaits peuvent affecter négativement la confiance du public à l’égard de telles décisions. Il apparaît donc important de s’assurer que des mécanismes de gestion des CI, transparents et robustes, existent pour ces comités. Dans cette étude, les avis ou rapports d’évaluation de la pertinence de la vaccination préparés par un CCEI au Québec ont été examinés pour quatre types de maladies évitables par la vaccination (infections invasives à méningocoques et à pneumocoques, coqueluche et virus du papillome humain). Le but était de : 1) identifier les CI divulgués par les membres du CCEI dans leurs rapports comparativement à ceux déclarés dans leurs publications scientifiques pour ces mêmes infections ; 2) analyser la nature des CI (réel, potentiel, apparent, personnel, financier, institutionnel, etc.) et l’impact potentiel (risque) sur la prise de décision impartiale et sur la confiance du public ; et 3) évaluer les mécanismes de gestion de CI actuellement utilisés par ce CCEI. Les résultats de cette étude montrent que très peu de rapports du CCEI contiennent une section sur les CI par rapport à la pléthore divulguée dans les publications scientifiques publiées par les membres du CCEI. De plus, les CI divulgués dans les rapports fréquemment ne correspondent pas à ceux décrits dans les publications scientifiques. Il serait donc important d’introduire des mesures visant à accroître la transparence des experts en immunisation et d’améliorer les mécanismes de divulgation et de gestion des CI afin de veiller à ce que la confiance du public envers les décideurs en santé publique soit maintenue et améliorée. (shrink)

In his book, _Interpretation without Truth_, Pierluigi Chiassoni articulates the sceptical view that the province of legal interpretation is ‘a province without truth’. A misinterpretation is a false interpretation, and I argue that the widespread phenomenon of legal misinterpretation gives us reason to resist the sceptical conclusion. The potential for a legal interpretation to be a false interpretation –a misinterpretation– implies that a legal interpretation can be true. And legal misinterpretations can be understood as interpretations (and not as the product (...) of some activity other than interpretation) because of the grain of truth in the arguments for them. (shrink)

This paper explains and defends the idea that metaphysical necessity is the strongest kind of objective necessity. Plausible closure conditions on the family of objective modalities are shown to entail that the logic of metaphysical necessity is S5. Evidence is provided that some objective modalities are studied in the natural sciences. In particular, the modal assumptions implicit in physical applications of dynamical systems theory are made explicit by using such systems to define models of a modal temporal logic. Those assumptions (...) arguably include some necessitist principles. -/- Too often, philosophers have discussed ‘metaphysical’ modality — possibility, contingency, necessity — in isolation. Yet metaphysical modality is just a special case of a broad range of modalities, which we may call ‘objective’ by contrast with epistemic and doxastic modalities, and indeed deontic and teleological ones (compare the distinction between objective probabilities and epistemic or subjective probabilities). Thus metaphysical possibility, physical possibility and immediate practical possibility are all types of objective possibility. We should study the metaphysics and epistemology of metaphysical modality as part of a broader study of the metaphysics and epistemology of the objective modalities, on pain of radical misunderstanding. Since objective modalities are in general open to, and receive, natural scientific investigation, we should not treat the metaphysics and epistemology of metaphysical modality in isolation from the metaphysics and epistemology of the natural sciences. -/- In what follows, Section 1 gives a preliminary sketch of metaphysical modality and its place in the general category of objective modality. Section 2 reviews some familiar forms of scepticism about metaphysical modality in that light. Later sections explore a few of the many ways in which natural science deals with questions of objective modality, including questions of quantified modal logic. (shrink)

A debate between two aestheticians concerning the relative influence of Scottish and German philosophers on the contemporary discipline. -/- .

Despite the closure of virtually all original grindhouse cinemas, ‘grindhouse’ lives on as a conceptual term. This article contends that the prevailing conceptualization of ‘grindhouse’ is problematized by a widening gap between the original grindhouse context (‘past’) and the DVD/home-viewing context (present). Despite fans’ and filmmakers’ desire to preserve this part of exploitation cinema history, the world of the grindhouse is now little more than a blurry set of tall-tales and faded phenomenal experiences, which are subject to present-bias. The continuing (...) usefulness of grindhouse-qua-concept requires that one should pay heed to the contemporary contexts in which ‘grindhouse’ is evoked. (shrink)

Mental ownership concerns who experiences a mental state. According to David Rosenthal (2005: 342), the proper way to characterize mental ownership is: ‘being conscious of a state as present is being conscious of it as belonging to somebody. And being conscious of a state as belonging to somebody other than oneself would plainly not make it a conscious state’. In other words, if a mental state is consciously present to a subject in virtue of a higher-order thought (HOT), then the (...) HOT necessarily representsthe subject as the owner of the state. But, we contend, one of the lessons to be learned from pathological states like somatoparaphrenia is that conscious awareness of a mental state does not guarantee first-person ownership. That is to say, conscious presence does not imply mental ownership. (shrink)

The film A Serious Man cinematically deconstructs the life of a mid-twentieth century, mid-western American physics professor named Larry Gopnik. As it happens, Larry is up for tenure with a wife who is about to leave him, an unemployed brother who sleeps on his couch, and two self-obsessed teenage children. The film presents a Job-like theodicy in which the mysteries of quantum physics are haunted both by questions of good and evil as well as the spectre of an un-named God, (...) reverently referred to as Hashem. The following paper examines the broader set of philosophical, theological and ethical concerns which arise from the film’s themes, using it to illustrate those concerns. Just as Newtonian physics underwrote Kant’s evocation of the image of starry skies above and moral law within, quantum physics underwrites a new set of ethical anxieties, which the film narrates as a key facet of contemporary western culture’s postmodern re-enchantment. Although some, such as Slavoj Zizek, see this as a positively charged opportunity to rethink metaphysics and ethics, the film leaves the audience with more sinister conclusions. (shrink)

THERE IS WIDESPREAD AGREEMENT among historians that the writings of Robert Boyle (1697-1691) constitute a valuable archive for understanding the concerns of seventeenth-century British natural philosophers. His writings have often been seen as representing, in one fashion or another, all of the leading intellectual currents of his day. ~ There is somewhat less consensus, however, on the proper historiographic method for interpreting these writings, as well as on the specific details of the beliefs expressed in them. Studies seeking to explicate (...) Boyle's thought have been, roughly speaking, of two general sorts. On the one hand there are those studies of a broadly "intellectualist" orientation which situate his natural philosophy within the intellectual context provided by metaphysics, religion, and early modern science. In this connection his corpuscularianism has been shown to be motivated by specific epistemological, theological, as well as empirical concerns. One of the central aims of such studies has been to show that apparently discordant elements in his scientific thought are rendered coherent by referring them to such "non-scientific" commitments. Among studies of this sort might be mentioned the works of John Hedley Brooke, E. A. Burtt, Gary B. Deason, J. E. McGuire, R. Hooykaas, Robert H. Kargon, Eugene M. Klaaren, P. M. Rattansi, and Richard S. Westfall. (shrink)

Broadly speaking, the contemporary scientific realist is concerned to justify belief in what we might call theoretical truth, which includes truth based on ampliative inference and truth about unobservables. Many, if not most, contemporary realists say scientific realism should be treated as ‘an overarching scientific hypothesis’ (Putnam 1978, p. 18). In its most basic form, the realist hypothesis states that theories enjoying general predictive success are true. This hypothesis becomes a hypothesis to be tested. To justify our belief in the (...) realist hypothesis, realists commonly put forward an argument known as the ‘no-miracles argument’. With respect to the basic hypothesis this argument can be stated as follows: it would be a miracle were our theories as successful as they are, were they not true; the only possible explanation for the general predictive success of our scientific theories is that they are true. (shrink)

In response to historical challenges, advocates of a sophisticated variant of scientific realism emphasize that theoretical systems can be divided into numerous constituents. Setting aside any epistemic commitment to the systems themselves, they maintain that we can justifiably believe those specific constituents that are deployed in key successful predictions. Stathis Psillos articulates an explicit criterion for discerning exactly which theoretical constituents qualify. I critique Psillos's criterion in detail. I then test the more general deployment realist intuition against a set of (...) well-known historical cases, whose significance has, I contend, been overlooked. I conclude that this sophisticated form of realism remains threatened by the historical argument that prompted it. A criterion for scientific realism Assessing the criterion A return to the crucial insight: responsibility A few case studies Assessing deployment realism. (shrink)

Critics of persuasive advertising argue that it undermines the autonomy of consumers by manipulating their desires in morally problematic ways. My aim is this paper is to refine that argument by employing a conception of autonomy that is not at odds with certain forms of manipulation. I argue that the charge of manipulation is not sufficient for condemning persuasive advertising. On my view, manipulation of an agent’s desires through advertising is justifiable in cases where the agent accepts the process through (...) which the desires were developed. I show how the standard manipulation objection proves too much as it would also condemn cases of that kind. I argue that this distinction is especially important when we consider the implications of “new media.” In addition to increasing vulnerability to manipulation, new media have considerable impacts on well-being. By siding with the traditional autonomy argument, we would be compelled to take an implausible stand against all forms of manipulation through advertising, but I suggest that only a proper subset of those cases are morally problematic. This conclusion opens up a space for persuasive advertising that is permissible while nevertheless condemning cases that violate consumers’ autonomy. (shrink)

How, if at all, is knowing how to do something defeasible? Some, the “intellectualists”, treat the defeasibility of knowledge-how as in some way derivative on the defeasibility of knowledge-that. According to a recent proposal by Carter and Navarro (Philos Phenomenol Res 3:662–685, 2017), knowledge-how defeat cannot be explained in terms of knowledge-that defeat; instead, knowledge-how defeat merits and entirely separate treatment. The thought behind “separatism” is easy to articulate. Assuming that knowledge of any kind is defeasible, since knowledge-that and knowledge-how (...) are fundamentally different beasts, the best accounts of their defeasibility must reflect the underlying differences between them. I reject a separatist treatment of the defeasibility of knowledge-that and knowledge-how. One can acknowledge certain important differences between knowledge-that and knowledge-how without thereby needing two theories of defeasibility. Ultimately, though, I’ll argue that the defeasibility of basic knowledge-how, unlike non-basic knowledge-how, is a much more difficult issue than has been acknowledged. (shrink)

A cursory glance at the list of Nobel Laureates for Economics is sufficient to confirm Stanovich’s description of the project to evaluate human rationality as seminal. Herbert Simon, Reinhard Selten, John Nash, Daniel Kahneman, and others, were awarded their prizes less for their work in economics, per se, than for their work on rationality, as such. Although philosophical works have for millennia attempted to describe, explicate and evaluate individual and collective aspects of rationality, new impetus was brought to this endeavor (...) over the last century as mathematical logic along with the social and behavioral sciences emerged. Yet more recently, over the last several decades, propelled by the emergence of artificial intelligence, cognitive science, evolutionary psychology, neuropsychology, and related fields, even more sophisticated approaches to the study of rationality have emerged. (shrink)

Currently, one of the most influential theories of consciousness is Rosenthal's version of higher-order-thought (HOT). We argue that the HOT theory allows for two distinct interpretations: a one-component and a two-component view. We further argue that the two-component view is more consistent with his effort to promote HOT as an explanatory theory suitable for application to the empirical sciences. Unfortunately, the two-component view seems incapable of handling a group of counterexamples that we refer to as cases of radical confabulation. We (...) begin by introducing the HOT theory and by indicating why we believe it is open to distinct interpretations. We then proceed to show that it is incapable of handling cases of radical confabulation. Finally, in the course of considering various possible responses to our position, we show that adoption of a disjunctive strategy, one that would countenance both one-component and two-component versions, would fail to provide any empirical or explanatory advantage. (shrink)

While there has been significant discussion in the health sciences and ethics literatures about problems associated with publication practices (e.g., ghost- and gift-authorship, conflicts of interest), there has been relatively little practical guidance developed to help researchers determine how they should fairly allocate credit for multi-authored publications. Fair allocation of credit requires that participating authors be acknowledged for their contribution and responsibilities, but it is not obvious what contributions should warrant authorship, nor who should be responsible for the quality and (...) content of the scientific research findings presented in a publication. In this paper, we review arguments presented in the ethics and health science literatures, and the policies or guidelines proposed by learned societies and journals, in order to explore the link between author contribution and responsibility in multi-author multidisciplinary health science publications. We then critically examine the various procedures used in the field to help researchers fairly allocate authorship. (shrink)

Philosophical and scientific investigations of the proprietary aspects of self—mineness or mental ownership—often presuppose that searching for unique constituents is a productive strategy. But there seem not to be any unique constituents. Here, it is argued that the “self-specificity” paradigm, which emphasizes subjective perspective, fails. Previously, it was argued that mode of access also fails to explain mineness. Fortunately, these failures, when leavened by other findings (those that exhibit varieties and vagaries of mineness), intimate an approach better suited to searching (...) for an explanation. Having an alternative in hand, one that shows promise of achieving explanatory adequacy, provides an additional reason to suspend the search for unique constituents. In short, a negative and a positive thesis are developed: we should cease looking for unique constituents and should seek to explain mineness in accord with the model developed here. This model rejects attempts to explain the phenomenon in terms of either a narrative or a minimal sense of self; it seeks to explain at a “molecular” level, one that appeals to multiple, interacting dimensions. The molecular-level model allows for the possibility that subjective perspective is distinct from a stark perspective (one that does not imply mineness). It proposes that the confounding of tacit expectations plays an important role in explaining mental ownership and its complement, disownership. But the confounding of tacit expectations is not sufficient. Because we are able to be aware of the existence of mental states that do not belong to self, we require a mechanism for determining degree of self-relatedness. One such mechanism is proposed here, and it is shown how this mechanism can be integrated into a general model of mental ownership. In the spirit of suggesting how this model might be able to help resolve outstanding problems, the question as to whether inserted thoughts belong to the patient who reports them is also considered. (shrink)