Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

A brief review of realism and anti-realism in science Abstract: This paper delves into the realms of scientific realism and anti-realism, engaging in a comprehensive examination of their philosophical underpinnings. With an aim to introduce these fundamental concepts into Korean philosophical literature, the study navigates through the debates surrounding the nature of scientific inquiries and the extent to which they accurately represent the reality of the world. Scientific realists contend that scientific theories aspire to uncover genuine claims about the natural (...) world, asserting the approximate truth of well-confirmed theories. On the other hand, anti-realists challenge the necessity of committing to unobservable entities postulated by scientific theories based solely on their empirical success. The paper also discusses influential arguments such as the "No Miracle Argument" put forth by realists and the "pessimistic induction" raised by anti-realists, shedding light on the historical context of scientific theories and their empirical success. As the study unfolds, it provides a nuanced perspective that transcends the dichotomy of scientific realism and anti-realism, emphasizing selective skepticism as a middle ground. By delving into the ontological and epistemological nuances of these philosophical positions, this paper seeks to contribute to the Korean philosophical discourse by presenting a comprehensive overview of scientific realism and anti-realism. (shrink)

I have developed transcendental arguments to refute several versions of Nick Bostrom’s simulation hypothesis. I called some of these arguments the SIM-style argument. In this paper, I have four main aims. First, I employ the SIM-style argument to remedy a defect in Hilary Putnam’s Brain-in-vat argument. Second, I show that the most radical skepticism, which Tim Button called the nightmarish Cartesian skepticism, can be refuted by the SIM-style argument or by another transcendental argument I develop here. Third, I compare my (...) approach to radical skepticisms with Donald Davidson’s, as it is often regarded as an exemplar of transcendental arguments. Fourth, I explain how the prominent objections, mainly developed by Barry Stroud, to transcendental arguments can incur two undesirable results: psychologism and Kantian skepticism. (shrink)

Social movements often impose nontrivial costs on others against their wills. Civil disobedience is no exception. How can social movements in general, and civil disobedience in particular, be justifiable despite this apparent wrong-making feature? We examine an intuitively plausible account—it is fair that everyone should bear the burdens of tackling injustice. We extend this fairness-based argument for civil disobedience to defend some acts of uncivil disobedience. Focusing on uncivil environmental activism—such as ecotage (sabotage with the aim of protecting the environment)—we (...) argue that some acts of uncivil disobedience can be morally superior to their civil counterparts, when and because such acts target people who are responsible for environmental threats. Indeed, insofar as some acts of uncivil disobedience can more accurately target responsible people, they can better satisfy the demands of fairness compared to their civil counterparts. In some circumstances, our argument may require activists to engage in uncivil disobedienceeven whencivil disobedience is available. (shrink)

This article aims to read feminist new materialisms (Barad), together with ‘postulated’ linguistic or cultural primacy of Queer Theory (Butler), to show how both are engaged in similar critical-ethical endeavours. The central argument is that the criticism of Barad and new materialisms misses Butler’s materialistic insights due to a narrow interpretation of Butler's alleged social-constructivist position. There is, therefore, a specific focus on where they both make similar ethical appeals. Moreover, the article relies on Adorno's negative dialectic to highlight an (...) interpretation of Barad and Butler as being part of the same dialectical movement, in which materialism and idealism fluctuate in their mutual criticisms, thus continuing the procession towards 'new knowledge' and emancipation, or freedom, through their motions back and forth. (shrink)

This paper examines Aristotle’s vocabulary of pain, that is the differences and relations of the concepts of pain expressed by synonyms in the same semantic field. It investigates what is particularly Aristotelian in the selection of the pain-words in comparison with earlier authors and specifies the special semantic scope of each word-cluster. The result not only aims to pin down the exact way these terms converge with and diverge from each other, but also serves as a basis for further understanding (...) Aristotle’s philosophical conception of pain. (shrink)

I propose a dynamic causal approach to characterizing the notion of a mechanism. Levy and Bechtel, among others, have pointed out several critical limitations of the new mechanical philosophy, and pointed in a new direction to extend this philosophy. Nevertheless, they have not fully fleshed out what that extended philosophy would look like. Based on a closer look at neuroscientific practice, I propose that a mechanism is a dynamic causal system that involves various components interacting, typically nonlinearly, with one another (...) to produce a phenomenon of interest. (shrink)

Decentralized autonomous organizations (DAOs) are a new, rapidly-growing class of organizations governed by smart contracts. Here we describe how researchers can contribute to the emerging science of DAOs and other digitally-constituted organizations. From granular privacy primitives to mechanism designs to model laws, we identify high-impact problems in the DAO ecosystem where existing gaps might be tackled through a new data set or by applying tools and ideas from existing research fields such as political science, computer science, economics, law, and organizational (...) science. Our recommendations encompass exciting research questions as well as promising business opportunities. We call on the wider research community to join the global effort to invent the next generation of organizations. (shrink)

What should we do about “tainted” public commemorations? Recent events have highlighted the urgency of reaching a consensus on this question. However, existing discussions appear to be dominated by two naïve opposing views – to remove or preserve them. My aims in this essay are two-fold. First, I argue that the two views are not naïve, but undergirded by concerns with securing self-respect and with the character of our engagement with the past. Second, I offer a qualified defence of vandalising (...) tainted commemorations. The defence comprises two parts. I consider two prominent suggestions – to install counter-commemorations and to add contextualising plaques – and argue that they are typically beset with difficulties. I then argue that in some circumstances, constrained vandalism is a response to tainted commemorations which effectively adjudicates the demands of the two opposing views. (shrink)

The term, "objectionable commemorations”, refers to a broad category of public artefacts – such as, and especially, memorials, monuments and statues – that are regarded as morally problematic in virtue of what or whom they honour. In this regard, they are a special class of public artefacts that are subject to public contestation. In this paper, we survey the general ethical and political issues on this topic. First, we categorise the arguments on offer in the literature, concerning the objectionable nature (...) of such commemorations. Second, we review common political responses to objectionable commemorations. Finally, we identify fruitful areas for further philosophical inquiry on this topic. (shrink)

This quantitative study explores the acceptability of Online Learning Action Cell (LAC) practice as a school-based professional development strategy for Tagumpay National High School (TNHS) teachers. The research was motivated by the Department of Education (DepEd) Order No. 35 s. 2016 which prompts public schools to comply with the implementation of LAC sessions because it has a positive impact on teachers’ beliefs and practices resulting in education reforms for learners’ benefit. However, in compliance with DepEd’s policy on maximizing Time-On-Task (DepEd (...) Order No. 9 s. 2005) and the teacher’s conflict of schedule and other ancillary and coordination functions, absences or non-participation in classroom LAC was noted. The viability of offering Online LAC sessions using appropriate media and technologies to provide more options and flexibility for the study is suggested and tested utilizing a conceptual framework drawn from DepEd Order No. 35 s. 2016, Simonson’s Equivalency Theory and Anderson’s Community of Inquiry (COI). A descriptive survey method was used in this study with purposive sampling identifying ten Technology and Livelihood Education (TLE) teachers to pilot the Online LAC based on the memorandum issued by the school head. The subjects went through a week of experience in a LAC session using Facebook (FB) as Learning Management System (LMS) while a researcher-designed survey tool in the form of a Likert-type scale questionnaire was administered via Google forms before and after the online session to measure teacher’s acceptability of Online LAC Session practice. In the analysis, a descriptive statistic shows that pre-post survey results on Online LAC session planning is from ‘moderately acceptable’ to ‘very highly acceptable’; implementation is from ‘acceptable’ to ‘very highly acceptable’, and evaluation is from ‘moderately acceptable’ to ‘very highly acceptable’. TNHS teachers' acceptability of Online LAC session practice increases after their participation in a fully-online learning environment. Limitations, recommendations, future research directions, and conclusions are also included in the study. -/- . (shrink)

This paper argues that the plethora of experiments with decentralized social technologies (DSTs)—clusters of which are sometimes called “the Web 3.0 ecosystem” or “the Fediverse”—have brought us to a constitutional moment. These technologies enable radical innovations in social, economic, and political institutions and practices, with the potential to support transformative approaches to political economy. They demand governance innovation. The paper develops a framework of prudent vigilance for making ethical choices in this space that help to both grasp positive opportunities for (...) transformation and avoid the potentially problematic consequences. Most of our specific examples and concerns come from the blockchain/Web3 universe, as this has received the greatest investment, attention, and adoption to date. However, we aim to offer a framework for governance decision-making in conditions of uncertainty that applies more broadly to other DSTs. Specifically, under the framework of prudent vigilance, we propose a pragmatic, democratic, and pluralist approach to navigating bold experimentation with social practices and political economy enabled by these technologies. Our overarching goal is to provide a framework open to transformative improvement and constrained by guardrails and guiding values supportive of democracy, freedom, and pluralism. We take a relatively strong position, rather than simply laying out ethical issues and potential approaches. We seek to be provocative in order to spur further work and hope this paper will serve as a first bridge between academic philosophy and the DST community, which have hardly interacted to date. (shrink)

The debate over the value of pleasure among Eudoxus, Speusippus, and Aristotle is dramatically documented by the Nicomachean Ethics, particularly in the dialectical pros-and-cons concerning the so-called argument from contraries. Two similar versions of this argument are preserved at EN VII. 13, 1153b1–4, and X. 2, 1172b18–20. Many scholars believe that the argument at EN VII is either a report or an appropriation of the Eudoxean argument in EN X. This essay aims to revise this received view. It will explain (...) why these two arguments differ in premises, contents and purposes, and why these distinctions matter for a proper assessment of Aristotle’s understanding of pleasure and pain in general and his dialectical art in particular. (shrink)

This chapter argues for a structural injustice approach to the governance of AI. Structural injustice has an analytical and an evaluative component. The analytical component consists of structural explanations that are well-known in the social sciences. The evaluative component is a theory of justice. Structural injustice is a powerful conceptual tool that allows researchers and practitioners to identify, articulate, and perhaps even anticipate, AI biases. The chapter begins with an example of racial bias in AI that arises from structural injustice. (...) The chapter then presents the concept of structural injustice as introduced by the philosopher Iris Marion Young. The chapter moreover argues that structural injustice is well suited as an approach to the governance of AI and compares this approach to alternative approaches that start from analyses of harms and benefits or from value statements. The chapter suggests that structural injustice provides methodological and normative foundations for the values and concerns of Diversity, Equity, and Inclusion. The chapter closes with an outlook onto the idea of “structure” and on responsibility. The idea of a structure is central to justice. An open theoretical research question is to what extent AI is itself part of the structure of society. Finally, the practice of responsibility is central to structural injustice. Even if they cannot be held responsible for the existence of structural injustice, every individual and every organization has some responsibility to address structural injustice going forward. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

El concepto de dignidad humana ha sido considerado o demasiado denso o demasiado delgado. Sin embargo, desde el punto de vista del no-positivismo, la normatividad jurídica de la dignidad humana puede ser justificada y reforzada por medio de su corrección moral. Desde una perspectiva individual, la comprensión de Mencio sobre la dignidad humana como un valor intrínseco y el imperativo categórico de Kant (el ser humano como un fin en sí mismo) podrían ser adecuadamente comprendidos con base en la diferencia (...) (así como la conexión) entre el principium diiudicationis y el principium executionis, entre voluntad y “elección”; así como entre homo phaenomenon y homo noumenon (es decir, humanidad en la persona de los seres humanos). Desde una perspectiva social, las dimensiones del individuo y la persona social son construcciones ficticias; inclusive Radbruch -alguna vez defensor del derecho social- no remplazó el concepto de “persona jurídica” y, en el periodo de posguerra, reconoció la dignidad humana individual como el criterio para aplicar su famosa “fórmula de Radbruch". Por una parte, la dignidad humana muestra cuando menos un carácter normativo débil, el cual requiere, primero, ponderar entre el ejercicio de los poderes estatales y el control de constitucionalidad bajo la guía de la dimensión dual del ser humano y, segundo, la optimización del principio de la dignidad humana en casos particulares. Por otra, a través de la conexión necesaria entre el concepto de dignidad y personalidad, la dignidad humana puede exhibir un carácter normativo fuerte, el cual requiere inevitablemente una justificación metafísica. (shrink)

Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...) sogar außerhalb Deutschlands auf sich lenken konnte und deren Bestand in China einen ganz selbständigen Abschnitt verdient. Als Hintergrund dafür soll von vornherein ein Blick auf die Entwicklungen der chinesischen Rechtstheorie und Rechtsphilosophie nach 1978 und demzufolge auf die Entstehung der Methodenfrage in der chinesischen Rechtswissenschaft geworfen werden. (shrink)

This paper reexamines Theophrastus’ Metaphysics 11a18–26, an obscure testimony about Speusippus, the second head of the Platonic Academy. As opposed to the traditional interpretation, which takes this passage as Theophrastus’ polemic against Speusippus’ doctrine of value, I argue that he here dialectically takes advantage of, rather than launches an attack on, the Platonist. Based on this new reading, I further propose a revision and a reassessment of the ‘gloomy metaphysics’ of Speusippus which will shed new light on his ethics.

This paper aims to clarify Plato’s notions of the natural and the neutral state in relation to hedonic properties. Contra two extreme trends among scholars—people either conflate one state with the other, or keep them apart as to establish an unsurmount- able gap between both states, I argue that neither view accurately reflects Plato’s position because the natural state is real and can coincide with the neutral state in part, whereas the latter, as an umbrella term, can also be realized (...) in a non-natural condition. The clarification of the relation between the two states will shed light on the degree to which Plato admits and constrains the hedonic value for a good human life; further, this will call attention to some (not well explored) parallel thoughts in the medical tradition to which Plato is indebted. (shrink)

Plato’s nephew Speusippus has been widely accepted as the historical person behind the mask of the anti-hedonists in Phlb. 42b–44c. This hypothesis is supported by, inter alia, the link between Socrates’ char- acterization of them as δυσχερεῖς and the frequent references of δυσχέρεια as ἀπορία to Speusippus in Aristotle’s Metaphysics MN. This study argues against assigning any privileged status to Speusippus in the assimilation of δυσχέρεια with ἀπορία. Instead, based on a comprehensive survey of how δυσχερ- words were used in (...) classical antiquity, the semantic shift of δυσχέρεια can be explained in an alternative way. (shrink)

One recurring criticism of the best interests standard concerns its vagueness, and thus the inadequate guidance it offers to care providers. The lack of an agreed definition of ‘best interests’, together with the fact that several suggested considerations adopted in legislation or professional guidelines for doctors do not obviously apply across different groups of persons, result in decisions being made in murky waters. In response, bioethicists have attempted to specify the best interests standard, to reduce the indeterminacy surrounding medical decisions. (...) In this paper, we discuss the bioethicists’ response in relation to the state's possible role in clarifying the best interests standard. We identify and characterise two clarificatory strategies employed by bioethicists —elaborative and enumerative—and argue that the state should adopt the latter. Beyond the practical difficulties of the former strategy, a state adoption of it would inevitably be prejudicial in a pluralistic society. Given the gravity of best interests decisions, and the delicate task of respecting citizens with different understandings of best interests, only the enumerative strategy is viable. We argue that this does not commit the state to silence in providing guidance to and supporting healthcare providers, nor does it facilitate the abuse of the vulnerable. Finally, we address two methodological worries about adopting this approach at the state level. The adoption of the enumerative strategy is not defeatist in attitude, nor does it eventually collapse into (a form of) the elaborative strategy. (shrink)

This paper aims to provide a roadmap to AI governance. In contrast to the reigning paradigms, we argue that AI governance should not be merely a reactive, punitive, status-quo-defending enterprise, but rather the expression of an expansive, proactive vision for technology—to advance human flourishing. Advancing human flourishing in turn requires democratic/political stability and economic empowerment. Our overarching point is that answering questions of how we should govern this emerging technology is a chance not merely to categorize and manage narrow risk (...) but also to construe the risks and opportunities much more broadly, and to make correspondingly large investments in public goods, personnel, and democracy itself. To lay out this vision, we take four steps. First, we define some central concepts in the field, disambiguating between forms of technological harms and risks. Second, we review normative frameworks governing emerging technology that are currently in use around the globe. Third, we outline an alternative normative framework based in power-sharing liberalism. Fourth, we walk through a series of governance tasks that ought to be accomplished by any policy framework guided by our model of power-sharing liberalism. We follow these with proposals for implementation vehicles. (shrink)

What is it for something to be a disability? Elizabeth Barnes, focusing on physical disabilities, argues that disability is a social category. It depends on the rules undergirding the judgements of the disability rights movement. Barnes’ account may strike many as implausible. I articulate the unease, in the form of three worries about Barnes’ account. It does not fully explain why the disability rights movement is constituted in such a way that it only picks out paradigmatic disability traits, nor why (...) only the traits identified by the movement as constituting experiences of social and political constraint count as disability. It also leaves out the contribution of people other than disability activists, to the definition of disability. I develop Barnes’ account. On my account, a person is disabled if she is in some state which is constitutive of some constraint on her legitimate interests. This state must be the subject of legitimate medical interest and be picked out by the disability rights movement as among the traits for which they are seeking to promote progress and change. My account addresses the worries about Barnes’ account. It is also able to include all disabilities, rather than only physical ones. (shrink)

One of the central claims of the neurodiversity movement is that society should accommodate the needs of autistics, rather than try to treat autism. People have variously tried to reject this accommodation thesis as applicable to all autistics. One instance is Pier Jaarsma and Stellan Welin, who argue that the thesis should apply to some but not all autistics. They do so via separating autistics into high- and low-functioning, on the basis of IQ and social effectiveness or functionings. I reject (...) their grounds for separating autistics. IQ is an irrelevant basis for separating autistics. Charitably rendering it as referring to more general capacities still leaves us mistaken about the roles they play in supporting the accommodation thesis. The appeal to social effectiveness or functionings relies on standards that are inapplicable to autistics, and which risks being deaf to the point of their claims. I then consider if their remaining argument concerning autistic culture may succeed independently of the line they draw. I argue that construing autistics' claims as beginning from culture mistakes their status, and may even detract from their aims. Via my discussion of Jaarsma and Welin, I hope to point to why the more general strategy of separating autistics, in response to the accommodation thesis, does not fully succeed. Finally, I sketch some directions for future discussions, arguing that we should instead shift our attention to consider another set of questions concerning the costs and extent of change required to accommodate all autistics. (shrink)

Philosophers ask just whose expression, if anyone’s, we hear in lyric poetry. Walton provides a novel possibility: it’s the reader who “uses” the poem (just as a speech giver uses a speech) who makes the language expressive. But worries arise once we consider poems in particular social or political settings, those which require a strong self-other distinction, or those with expressions that should not be disassociated from the subjects whose experience they draw from. One way to meet this challenge is (...) to consider the poem expressive of a plural subject, which frees us from looking for a particular individual whose voice we hear in the work, whether she be fictional or actual. Some lyrics give voice to a group whose experience is attended to in the work. This may be done through a posited fictional speaker, but the ontology of the speaker is shown to be less important. Attending to a group whose concerns are voiced allows us to explain how poems can manage to address our-worldly concerns even when lacking actual persons whose expressions we encounter in the poems. (shrink)

I attempt to adjudicate the disagreement between those who seek to reconceptualize disability as mere difference and their opponents. I do so by reviewing a central conviction motivating the resistance, concerning the relationship between disability and well-being. I argue that the conviction depends on further considerations about the costs and extent of change involved in accommodating individuals with a particular disability trait. I conclude by considering three pay-offs of this clarification.

Effective altruism is purportedly ecumenical towards different moral views, charitable causes, and evidentiary methods. I argue that effective altruists’ criticisms of purportedly less effective charities are inconsistent with their commitment to ecumenicity. Individuals may justifiably support charities other than those recommended by effective altruism. If effective altruists take their commitment to ecumenicity seriously, they will have to revise their criticisms of many of these charities.

Ethical decision-making frameworks assist in identifying the issues at stake in a particular setting and thinking through, in a methodical manner, the ethical issues that require consideration as well as the values that need to be considered and promoted. Decisions made about the use, sharing, and re-use of big data are complex and laden with values. This paper sets out an Ethics Framework for Big Data in Health and Research developed by a working group convened by the Science, Health and (...) Policy-relevant Ethics in Singapore Initiative. It presents the aim and rationale for this framework supported by the underlying ethical concerns that relate to all health and research contexts. It also describes a set of substantive and procedural values that can be weighed up in addressing these concerns, and a step-by-step process for identifying, considering, and resolving the ethical issues arising from big data uses in health and research. This Framework is subsequently applied in the papers published in this Special Issue. These papers each address one of six domains where big data is currently employed: openness in big data and data repositories, precision medicine and big data, real-world data to generate evidence about healthcare interventions, AI-assisted decision-making in healthcare, public-private partnerships in healthcare and research, and cross-sectoral big data. (shrink)

I argue, first, that the deprived individuals whose predicaments Nussbaum cites as examples of "adaptive preference" do not in fact prefer the conditions of their lives to what we should regard as more desirable alternatives, indeed that we believe they are badly off precisely because they are not living the lives they would prefer to live if they had other options and were aware of them. Secondly, I argue that even where individuals in deprived circumstances acquire tastes for conditions that (...) we regard as bad, they are typically better off having their acquired preferences satisfied. If they are badly off it is because they cannot get what we and they, would regard as more desirable alternatives. Preference utilitarianism explains why individuals in such circumstances are badly off whether they have adapted to their deprived circumstances or not. Even if they prefer the conditions of their lives to all other available alternatives, most would prefer alternatives that are not available to them which would, on the preferentist account, make them better off. And that, on the preferentist account, is the basis for a radical critique of unjust institutions that limit people's options and prevent them from getting what they want. (shrink)

John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn (...) Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria. (shrink)

According to a prominent argument, citizens in unjust societies have a duty to resist injustice. The moral and political principles that ground the duty to obey the law in just or nearly just conditions, also ground the duty to resist in unjust conditions. This argument is often applied to a variety of unjust conditions. In this essay, I critically examine this argument, focusing on conditions involving institutionally entrenched and socially normalised injustice. In such conditions, the issue of citizens’ duties to (...) resist is complicated. I conclude by considering how my discussions may clarify a contemporary problem about engaging in resistance to aid potential migrants who have been turned away by states in accordance with widely accepted rules. (shrink)

A review of Elizabeth Barnes' The Minority Body.

In his so-called argument from consciousness (AC), J. P. Moreland argues that the phenomenon of consciousness furnishes us with evidence for the existence of God. In defending AC, however, Moreland makes claims that generate an undesirable tension. This tension can be posed as a dilemma based on the contingency of the correlation between mental and physical states. The correlation of mental and physical states is either contingent or necessary. If the correlation is contingent then epiphenomenalism is true. If the correlation (...) is necessary then a theistic explanation for the correlation is forfeit. Both are unwelcome results for AC. (shrink)

Silence is a multifaceted concept which is not merely as an absence of sound but a presence with significant ontological, existential, and phenomenological implications. Through a thematic analysis, this paper deconstructs silence into various dimensions—its ontology, linguistic universality, and its function as cessation of speech, a form of listening, an act of kenosis, a form of ascesis, and a way of life. The study employs philosophical discourse and mathematical notation to delve into these aspects, demonstrating that while each perspective sheds (...) light on certain facets of silence, none can comprehensively encapsulate its essence. The research underscores the paradoxical nature of silence. It is both a universal phenomenon recognised across cultures and an intimate, personal experience that resists definitive categorisation. The paper concludes that the true nature of silence, particularly when considering the state of "being silent," remains indefinable and elusive, inviting deeper contemplation on its role in human experience. (shrink)

Nick Bostrom considered a number of simulations and contended that the probability that we are living in one of them is high or at least nonzero. I present arguments to refute the claim that we are or might be in any one of them. -/- Here is a highly dense reasoning why we are not in the simulation: -/- Suppose Simon is in the simulation, and he entertains the idea that he is in the simulation. And he thinks about the (...) word 'apple'. But since he is always in the simulation, he has never interacted with an actual apple, which the word 'apple' refers to. -/- Then Simon must think that "if I am in the simulation, then I never interact with an actual apple, and my understanding about the word 'apple' can only be given by the simulator. And this means I never exercise my reason to gain the understanding about the word 'apple', and never exercise my reason to apply the word 'apple'. Consequently, since what I am thinking right now (namely, this entire thought within the double quotation marks) involves the word 'apple', I am not using reason to think what I am thinking." -/- By denying he is using reason to think, Simon is being incoherent in thinking the preceding thought. To avoid being incoherent, Simon must reject the idea that he is in the simulation. -/- For the similar reason, if we think we are in the simulation, we are being incoherent. More simply, to think that we are in the simulation is to be incoherent. Therefore we cannot actually think that we are in the simulation. Hence, we are not in the simulation. -/- The whole paper is to flesh out the reasoning above. (shrink)

Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according to which Christ (...) is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

I review José Medina's The Epistemology of Protest: Silencing, Epistemic Activism, and the Communicative Life of Resistance, and raise some questions about the felicity, legitimacy and civility of protest.

E. Husserl’s reflections in Logical Investigations on “intentional feelings” and “non-intentional feelings” are significant in both his later ethical explorations and M. Scheler’s thought on ethics. Through the incorporation of the views of Husserl and Scheler, we find that the phenomenology of the intentional feeling-acts is not only the foundation of the non-formal ethics of values in Scheler’s phenomenology, but also at least the constitutive foundation of the ethics of Husserl’s first orientation.

The doctrine that Christ is really present in the Eucharist appears to entail that Christ's body is not only multiply located but present in different ways at different locations. Moreover, the doctrine poses an even more difficult meta-question: what makes a theological explanation of the Eucharist a ‘real presence’ account? Aquinas's defence of transubstantiation, perhaps the paradigmatic account, invokes Aristotelian metaphysics and the machinery of Scholastic philosophy. My aim is not to produce a ‘rational reconstruction’ of his analysis but rather (...) to suggest a metaphysically innocent alternative that will ‘save the phenomena’ of religious belief and practice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

This volume offers a collection of in-depth explorations of pragmatism as a framework for discussions in philosophy of science and metaphysics. Each chapter involves explicit reflection on what it means to be pragmatist, and how to use pragmatism as a guiding framework in addressing topics such as realism, unification, fundamentality, truth, laws, reduction, and more. -/- .

Imagine that only the state can meet the need for housing but decides not to do so. Unsurprisingly, participants in a vignette experiment deem this scenario unjust. Hence, justice ratings increase when the living situation improves. To a lesser extent, this also holds beyond the need threshold, understood as the minimum amount necessary for a decent life. Surprisingly, however, the justice evaluation function is highly convex below this point. The resulting S-shaped curve is akin to the value function in prospect (...) theory, with the need threshold providing the point of reference and inflection. A control treatment without needs-information supports this interpretation. Needs-information furthermore compresses the perceived injustice of arbitrary inequality. As in prospect theory, such reference dependency suggests biases in judgment and decision making. A consequence may be that the lot of the poorest in society does not receive the attention it would otherwise get. (shrink)

Based on the dispute between Protagoras and Socrates on the origin of ethics, one can ask the question of whether the principle of ethics is reason orfeeling/emotion, or whether ethics is grounded on reason or feeling/emotion. The development of Kant’s thoughts on ethics shows the tension between reason and feeling/emotion. In Kant’s final critical ethics, he held to a principle of “rational a priori.” On the one hand, this is presented as the rational a priori principle being the binding principle (...) of judgment. On the other hand, it is presented as the doctrine of “rational fact” as the ultimate argument of his ethics. Husserl believed that Kant’s doctrine of a rational a priori totally disregarded the a priori essential laws of feeling. Like Husserl, Scheler criticized Kant’s doctrine of a rational a priori, and therefore developed his own theory of an “emotional a priori”. Both of them focused their critiques on the grounding level of ethics. Scheler, however, did not follow Husserl all the way, but criticized him and reflected on his thoughts. At last, he revealed the primary status of a phenomenological material ethics of value. (shrink)

This comprehensive volume features the proceedings of the Third International Workshop on Logics for New-Generation Artificial Intelligence and the International Workshop on Logic, AI and Law, held in Hangzhou, China on September 8-9 and 11-12, 2023. The collection offers a diverse range of papers that explore the intersection of logic, artificial intelligence, and law. With contributions from some of the leading experts in the field, this volume provides insights into the latest research and developments in the applications of logic in (...) these areas. It is an essential resource for researchers, practitioners, and students interested in the latest advancements in logic and its applications to artificial intelligence and law. (shrink)

This book is a translation of W.V. Quine's Kant Lectures, given as a series at Stanford University in 1980. It provide a short and useful summary of Quine's philosophy. There are four lectures altogether: I. Prolegomena: Mind and its Place in Nature; II. Endolegomena: From Ostension to Quantification; III. Endolegomena loipa: The forked animal; and IV. Epilegomena: What's It all About? The Kant Lectures have been published to date only in Italian and German translation. The present book is filled out (...) with the translator's critical Introduction, "The esoteric Quine?" a bibliography based on Quine's sources, and an Index for the volume. (shrink)

Les questions les plus fondamentales de la phénoménologie du sentir de Max Scheler concernent la place de l’intentionnalité dans la phénoménologie du sentir et la structuration de la sphère émotionnelle. Dans la première section, nous nous focaliserons avant tout sur la différence entre les sentiments non intentionnels et le sentir intentionnel, en comparant sur ce point les positions de Scheler et de Husserl. En effet, Scheler critique ces deux thèses fondamentales de Husserl: 1) les actes affectifs et leurs corrélats (« (...) valeurs ») doivent être associés aux représentations et à leurs corrélats (« choses », Sachen ); 2) les actes affectifs, en tant qu’actes non objectivants, sont fondés dans les actes objectivants. D’une part, pour Scheler, la valeur est un objet unique en son genre du sentir des valeurs, et le sentir intentionnel est donc un acte indépendant. D’autre part, Scheler a d’abord entrepris de dépasser la séparation entre acte objectivant et acte non objectivant. Dans ce contexte, la recherche actuelle consacrée à Scheler se heurte à de nombreuses difficultés relatives à la structuration de la sphère émotionnelle en rapport avec la hiérarchie des modalités axiologiques et avec l’a priori corrélationnel. Dans la deuxième section, nous expliquerons d’abord les idées de Scheler, puis en discuterons les difficultés. C’est par le « commerce vivant » avec le monde dans le sentir intentionnel et dans les actes émotionnels intentionnels, par les corrélats intentionnels (valeurs matérielles), que Scheler se sépare du formalisme en éthique. A travers un « apriorisme matériel » qui présente trois espèce d’a priori (a priori axiologique, a priori émotionnel et a priori corrélationnel), l’éthique matérielle phénoménologique des valeurs de Sche­ler est guidée par l’esprit d’un « objectivisme et absolutisme éthique rigoureux ». (shrink)