Catalan translation, introductory study and notes on W. K. Clifford’s “The Ethics of Belief”. Published in Clifford, W.K. “L’ètica de la creença”. Quaderns de Filosofia, vol. III, n. 2 (2016), pp. 129–150. // Catalan translation, introductory study and notes on William James’s “The Will to Believe”. Published in James, William. “La voluntat de creure”. Quaderns de Filosofia, vol. III, n. 2 (2016), pp. 151–172. [Introductory study published in Oya, Alberto. “Introducció. El debat entre W. K. Clifford i (...) class='Hi'>William James”. Quaderns de Filosofia, vol. III, n. 2 (2016), pp. 123–127]. (shrink)

According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the sole means (...) for reclaiming forfeited rights. I argue for a pluralistic theory of rights reclamation, according to which, there are multiple ways by which a wrongdoer can recapture her forfeited rights. In particular, I argue that offering remorseful compensation is a valid means by which a wrongdoer might partially, or fully, reclaim her right against punishment. (shrink)

The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes a severe violation (...) of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

When a scientist is the first to perform a difficult type of observation and correctly interprets the result as a significant challenge to then-widely accepted core theories, and the result is later recognized as seminal work in a field of major importance, it is a surprise to find that that work was essentially ignored by the scientific community for thirty years. Such was the fate of the doctoral research on the rotations of the Andromeda Nebula (M31) conducted by Horace Welcome (...) Babcock (1912–2003), who went on to become a very prominent astronomer — in an entirely different sub-field, never working on the subject of his dissertation again. This paper seeks to explain the ‘non-reception’ of Babcock’s work on galactic dynamics and the reasons he did no further work in that sub-field. In particular this paper shows that, contrary to the claims of some commentators, the non-reception of Babcock’s work should not be understood as an example of the unjust treatment of a young scientist by the conservative establishment. (shrink)

This paper defends David Hume's "Of Miracles" from John Earman's (2000) Bayesian attack by showing that Earman misrepresents Hume's argument against believing in miracles and misunderstands Hume's epistemology of probable belief. It argues, moreover, that Hume's account of evidence is fundamentally non-mathematical and thus cannot be properly represented in a Bayesian framework. Hume's account of probability is show to be consistent with a long and laudable tradition of evidential reasoning going back to ancient Roman law.

This is a review of James Hannam's _The Globe: How the Earth Became Round_, Reaktion Books, 2023.

This paper deals with what a government funded development agency should do when a developing country imposes restrictions on the development process which discriminate on the basis of gender against some members of the development agency’s staff. The conclusion is that there are circumstances in which development agencies should continue their work in the face of gender discrimination but they should not instigate development projects if doing so would involve them in gender discrimination. A set of procedures for a development (...) agency to follow in these difficult circumstances is outlined. It is argued that an agency is entitled to violate a moral principle when so doing will reduce violations of that same principle. (shrink)

This dissertation examines the dynamical dark matter problem in twentieth century astrophysics from the point of view of History and Philosophy of Science. The dynamical dark matter problem describes the situation astronomers find themselves in with regard to the dynamics of large scale astrophysical systems such as galaxies and galaxy clusters: The observed motions are incompatible with the visible distribution matter given the accepted law of gravitation. This discrepancy has two classes of possible solutions: either there exists copious amounts of (...) some kind of matter that neither emits nor absorbs radiation , or the law of gravitation must be revised. ;Chapter 2 describes the physical and philosophical foundations of dynamical inferences---inferences from discrepancies between well-founded theoretical expectations and reliable observations to the characteristics of candidate solutions. Chapter 3 discusses the history of dark matter . Chapter 4 reviews the present evidence bearing on the dark matter problem. Chapter 5 evaluates the important candidate matter solutions in light of the available evidence. Chapter 6 evaluates two candidate gravitational solutions on evidential and methodological grounds, and addresses the problem of theory choice. I do not try to solve the dark matter problem, but to uncover and evaluate patterns of inference involved in evidential arguments for and against candidate solutions. ;I show that Newton's "Reasoning from Phenomena" is a good framework from which to understand what is going on in this field. I argue that "higher order" and especially non-dynamical evidence is the best hope for solving this problem in dynamics. This is so in part because of "the dark matter double bind": the very existence of the dark matter problem means that we cannot be sure of the overall matter distribution in astrophysical systems, and this in turn means that the observed motions by themselves cannot provide relative confirmation of any theory of gravitational interactions taking place at these scales. I use Newton's Rules of Reasoning to argue that we should retain General Relativity as our theory of gravity at galactic and greater scales, despite the lack of positive evidence to confirm it over its rivals at these scales. (shrink)

A review of Martin Harwit, Cosmic Messengers (2021).

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

This paper is founded on the assumption that Philippine Studies has five different discouses: 1) Philippine studies as a neutral discourse; 2) colonial Philippine studies as a discourse that is based on western power and reinforces such power; 3) generic postcolonial Philippine studies as a discourse that critiques western hegemony; 4) Pilipinolohiya as a specific postcolonial discourse that was inaugurated by Prospero Covar; and 5) pantayong pananaw as another specific postcolonial discourse that was inaugurated by Zeus Salazar. Malay Journal, on (...) the other hand, is a scholarly periodical intended for researchers in the field of Philippine studies who use the Filipino language. Currently, it is the most respected journal that is exclusively published in Filipino language, based on the fact that it is accredited by the Commission on Higher Education and listed in a number of international abstracting and indexing organizations. This paper intends to establish which among these five discourses of Philippine studies is the most dominant in as far as the articles of the said journal are concerned. In order to attain such goal, this paper analyzed 50% random sample of the articles that were published from 2011, when the journal had completed its shift towards Philippine studies, up to 2015, the present complete year of publication for the said journal. (shrink)

The paper is written in response to those who fail to recognize the relation between a patient's mental competency and her state of pain. Some clinicians claim that a proper diagnosis can only be made in the absent of analgesia. Rather, the patient's state of pain directly affects her mental competency and thus her ability to give valid consent. Clinicians should rethink their approach to diagnosis when the patient is in pain.

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

[This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...) on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? The authors argue that evidence from neuroscience and the other cognitive sciences can illuminate the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. (shrink)

This paper is basically a presentation of the tenets of Pierre Bourdieu’s philosophy in a language and level that can be easily understood by Filipino students and scholars of philosophy, cultural studies and Philippine studies. The discussion of Bourdieu’s philosophy revolves around 1) his concepts of habitus, field and symbolic violence; 2) his critique of television; 3) his theory of capitals; 4) some implications of his theory of capitals; and 5) his being public intellectual. The ultimate aim of this paper (...) is to suggest some aspects and dimensions of Philippine society and culture that can be analyzed using some of bourdieu’s thoughts as interpretive frameworks, as well as to challenge the said Filipino students and scholars of philosophy, cultural studies and Philippine studies to creatively and effectively appropriate such theories for the enrichment of the theoretical corpus of Philippine studies. This paper is part of a series of similar works done by one of the co-authors that dealt with Adorno, Schleiermacher and Dilthey, Heidegger, Gadamer and Bultmann, and Lyotard. (shrink)

This paper motivates the idea that social robots should be credited as moral patients, building on an argumentative approach that combines virtue ethics and social recognition theory. Our proposal answers the call for a nuanced ethical evaluation of human-robot interaction that does justice to both the robustness of the social responses solicited in humans by robots and the fact that robots are designed to be used as instruments. On the one hand, we acknowledge that the instrumental nature of robots and (...) their unsophisticated social capabilities prevent any attribution of rights to robots, which are devoid of intrinsic moral dignity and personal status. On the other hand, we argue that another form of moral consideration—not based on rights attribution—can and must be granted to robots. The reason is that relationships with robots offer to the human agents important opportunities to cultivate both vices and virtues, like social interaction with other human beings. Our argument appeals to social recognition to explain why social robots, unlike other technological artifacts, are capable of establishing with their human users quasi-social relationships as pseudo-persons. This recognition dynamic justifies seeing robots as worthy of moral consideration from a virtue ethical standpoint as it predicts the pre-reflective formation of persistent affective dispositions and behavioral habits that are capable of corrupting the human user’s character. We conclude by drawing attention to a potential paradox drawn forth by our analysis and by examining the main conceptual conundrums that our approach has to face. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet the (...) minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

Increasing evidence from psychology and neuroscience suggests that emotion plays an important and sometimes critical role in moral judgment and moral behavior. At the same time, there is increasing psychological and neuroscientific evidence that brain regions critical in emotional and moral capacity are impaired in psychopaths. We ask how the criminal law should accommodate these two streams of research, in light of a new normative and legal account of the criminal responsibility of psychopaths.

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, mainly (...) realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

This essay falls into three parts. Section 1 describes how Politics Book I, which includes Aristotle’s famous claims that the human being is by nature a political animal (politikon zōon) and that the polis (city-state) is natural and naturally prior to the individual, and his infamous claim that it is just to enslave those who are slaves by nature, may be connected with the rest of the Politics, which is about politeiai (constitutions). Section 2 examines Aristotle’s ideal politeia in Politics (...) VII-VIII in the light of his criticisms of other politeiai in Book II. Section 3 discusses non-ideal constitutions in Politics III-VI. (shrink)

Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that the (...) OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)

Mettre en rapport des textes de Hegel sur l’amour érotique avec quelques passages du penseur romantique Friedrich Schlegel permet de mettre en relief la méfiance hégélienne à l’égard du désir sexuel. Selon l’échelle hiérarchique de désirs chez Hegel, le désir érotique fait preuve d’un déséquilibre entre le sujet désirant et l’objet désiré, ce qui est typique d’un rapport purement naturel et non spirituel. C’est dire que la connaissance charnelle, avec son objet dénué de Soi propre, représente pour Hegel une forme (...) inférieure de savoir. L’inégalité sujet-objet propre à l’amour érotique n’est dépassée que par la participation à la substance éthique, ce qui exige la reconnaissance réciproque de consciences de soi égales. Dans ce contexte, il s’agit du mariage. Juxtaposing some of Hegel’s texts on erotic love with certain passages from the romantic thinker Friedrich Schlegel throws light on Hegel’s problematic relationship with sexual desire. According to his hierarchy of types of desire, erotic desire betrays an imbalance between the desiring subject and the object of desire, typical of a purely natural, non-spiritual relation. This means that carnal knowledge, with its self-less object, represents an inferior form of knowing. The inequality between subject and object, inherent in erotic love, is only surpassed through participation in the ethical substance, requiring the reciprocal recognition of equal self-consciousnesses. In the present context, this means marriage. (shrink)

Achieving space domain awareness requires the identification, characterization, and tracking of space objects. Storing and leveraging associated space object data for purposes such as hostile threat assessment, object identification, and collision prediction and avoidance present further challenges. Space objects are characterized according to a variety of parameters including their identifiers, design specifications, components, subsystems, capabilities, vulnerabilities, origins, missions, orbital elements, patterns of life, processes, operational statuses, and associated persons, organizations, or nations. The Space Object Ontology provides a consensus-based realist framework (...) for formulating such characterizations in a computable fashion. Space object data are aligned with classes and relations in the Space Object Ontology and stored in a dynamically updated Resource Description Framework triple store, which can be queried to support space domain awareness and the needs of spacecraft operators. This paper presents the core of the Space Object Ontology, discusses its advantages over other approaches to space object classification, and demonstrates its ability to combine diverse sets of data from multiple sources within an expandable framework. Finally, we show how the ontology provides benefits for enhancing and maintaining longterm space domain awareness. (shrink)

According to Thomas Reid, an agent cannot be free unless she has the power to do otherwise. This claim is usually interpreted as a version of the Principle of Alternate Possibilities. Against this interpretation, I argue that Reid is committed to the seemingly paradoxical position that an agent may have the power to do otherwise despite the fact that it is impossible that she do otherwise. Reid's claim about the power to do otherwise does not, therefore, entail (...) the Principle of Alternate Possibilities. When it is an agent's character that deprives her of alternate possibilities, she is not thereby deprived of either power or freedom, and this is true even if the agent was not free or active in the formation of her character. (shrink)

ABSTRACT: In this essay I provide one methodology that yields the level of analysis of an alleged knowledge-claim under investigation via its relations to varying gradations of scepticism. Each proposed knowledge-claim possesses a specified relationship with: (i) a globally sceptical argument; (ii) the least sceptical but successful argument that casts it into doubt; and (iii) the most sceptical yet unsuccessful argument, which is conceivably hypothesized to repudiate it but fails to do so. Yielding this specified set of relations, by means (...) of proceeding from global scepticism to (ii) and (iii), increases the chances of identifying the highest evaluative relevancy of the levels of analysis and observation of an alleged knowledge-claim. I argue that the failure to analyse and derive a difference between (i) and (ii) with respect to an alleged knowledge-claim signifies that the claim is grounded within the theoretical framework itself, that the claim lacks specification with regard to content that is analysable via that framework, and the claim is dubious insofar as alternative theoretic frameworks may present greater relevancy to levels of observation. KEYWORDS: knowledge, scepticism, perception, level of observation, magnification level, methodological scepticism. (shrink)

It is discerned what light can bring the recent historical reconstructions of maxwellian optics and electromagnetism unification on the following philosophical/methodological questions. I. Why should one believe that Nature is ultimately simple and that unified theories are more likely to be true? II. What does it mean to say that a theory is unified? III. Why theory unification should be an epistemic virtue? To answer the questions posed genesis and development of Maxwellian electrodynamics are elucidated. It is enunciated that the (...) Maxwellian Revolution is a far more complicated phenomenon than it may be seen in the light of Kuhnian and Lakatosian epistemological models. Correspondingly it is maintained that maxwellian electrodynamics was elaborated in the course of the old pre-maxwellian programmes’ reconciliation: the electrodynamics of Ampére-Weber, the wave theory of Young-Fresnel and Faraday’s programme. To compare the different theoretical schemes springing from the different language games James Maxwell had constructed a peculiar neutral language. Initially it had encompassed the incompressible fluid models; eventually – the vortices ones. The three programmes’ encounter engendered the construction of the hybrid theory at first with an irregular set of theoretical schemes. However, step by step, on revealing and gradual eliminating the contradictions between the programmes involved, the hybrid set is “put into order” (Maxwell’s term). A hierarchy of theoretical schemes starting from ingenious crossbreeds (the displacement current) and up to usual hybrids is set up. After the displacement current construction the interpenetration of the pre-maxwellian programmes begins that marks the commencement of theoretical schemes of optics, electricity and magnetism real unification. Maxwell’s programme surpassed that of Ampére-Weber because it did absorb the ideas of the Ampére-Weber programme, as well as the presuppositions of the programmes of Young-Fresnel and Faraday properly co-ordinating them with each other. But the opposite statement is not true. The Ampére-Weber programme did not assimilate the propositions of the Maxwellian programme. Maxwell’s victory over his rivals became possible because the gist of Maxwell’s unification strategy was formed by Kantian epistemology looked in the light of William Whewell and such representatives of Scottish Enlightenment as Thomas Reid and Sir William Hamilton. Maxwell did put forward as basic synthetic principles the ideas that radically differed from that of Ampére-Weber approach by their open, flexible and contra-ontological, genuinly epistemological, Kantian character. For Maxwell, ether was not the ultimate building block of physical reality, from which all the charges and fields should be constructed. “Action at a distance”, “incompressible fluid”, “molecular vortices”, etc. were contrived analogies for Maxwell, capable only to direct the researcher at the “right” mathematical relations. Key words: J.C. Maxwell, unification of optics and electromagnetism, I. Kant, T. Reid, W. Hamilton . (shrink)

Cette note devait introduire à un public anglophone la traduction de la « Lettre de Louis Althusser datée du 18 mars 1966 et adressée au Comité central du PCF », elle est ici enrichie dans une version livrée au public français. Elle apporte le contexte historique et théorique nécessaire à la compréhension des interventions « anti-humanistes » de Louis Althusser qui questionne les choix politiques opérés par le PCF au cours des années 1960. Nulle part ailleurs, dans les écrits publiés (...) d’Althusser, nous ne voyons aussi clairement les enjeux politiques imbriqués dans son projet philosophique, ni comment ce projet évolua progressivement d’une entreprise « théoriciste » à la recherche d’une philosophie en lien plus étroit avec la pratique. Cette lettre nous paraît de la plus haute importance pour les spécialistes de l’œuvre d’Althusser, les historiens de la pensée marxiste, mais aussi plus largement à tous ceux qui s’intéressent à l’importance que peut revêtir le travail d’Althusser dans les débats actuels dans le champ de la philosophie marxiste. (shrink)

L’idée d’une gouvernance collaborative gagne en popularité. Cependant, comment être véritablement collaboratif ? Les systèmes de prises de décision diversifiés en intervenants doivent composer avec des parties prenantes aux positions, aux rôles, aux intérêts, aux missions, aux observations et aux valeurs différents. Par sa formule facile d’utilisation pour les éthicien·ne·s professionnel·le·s, l’outil de bioéthique co P·R·I·M·O·V (Position, Rôle, Intérêt, Mission, Observation, Valeurs) vise à améliorer la pratique des initiatives technosociales pour un développement durable, collaboratif et démocratique. L’outil reprend la logique (...) d’analyse des conflits d’intérêts (CI) issue des cadres en éthique organisationnelle. Les CI, comme unité analytique en éthique, permettent d’anticiper et de gérer les problèmes pouvant compromettre à court et à long termes les activités d’un programme et sa gouvernance. L’outil a été construit à la suite d’une étude de cas sur la mise en œuvre d’un monitorage de l’utilisation des antibiotiques en santé animale au Québec, Canada. L’usage de cet outil de bioéthique est stratégique et aide à la négociation des positions, puis à la coconstruction d’un référentiel commun entre les parties prenantes en vue de préparer le terrain à une gouvernance collaborative favorisant la coopération. (shrink)

O objetivo desta obra é elucidar qual seja a noção de liberdade (libertas) desenvolvida por Guilherme de Ockham (1284?-1347?) em sua Opera Politica; tendo como locus de pesquisa, especificamente, o Livro I do Tratado I, intitulado Sobre o poder do papa e do clero, da Terceira Parte do Diálogo. Trata-se, com efeito, da liberdade cristã (ou evangélica); a qual é entendida, nesse contexto, como um princípio filosófico-teológico: lex christiana est lex libertatis (a lei cristã é uma lei de liberdade). Através (...) dessa argumentação, o Venerabilis Inceptor empreende sua incisiva crítica à doutrina da plenitudo potestatis papalis (plenitude do poder papal); mediante a qual os pontífices romanos buscavam legitimar sua pretensa plenitude de poder espiritual e temporal. De fato, se os cristãos são livres, por força da lei evangélico-cristã, então o papa não pode possuir regularmente tal plenitude de poder; pois se a possuísse, os fiéis seriam privados de sua liberdade religiosa e política; e o pontífice, consequentemente, se tornaria um herege. Assim sendo, essa liberdade evangélico-cristã deve ser caracterizada como liberdade religiosa e também política. (shrink)

This project continues our interdisciplinary research into computational and cognitive aspects of narrative comprehension. Our ultimate goal is the development of a computational theory of how humans understand narrative texts. The theory will be informed by joint research from the viewpoints of linguistics, cognitive psychology, the study of language acquisition, literary theory, geography, philosophy, and artificial intelligence. The linguists, literary theorists, and geographers in our group are developing theories of narrative language and spatial understanding that are being tested by the (...) cognitive psychologists and language researchers in our group, and a computational model of a reader of narrative text is being developed by the AI researchers, based in part on these theories and results and in part on research on knowledge representation and reasoning. This proposal describes the knowledge-representation and natural-language-processing issues involved in the computational implementation of the theory; discusses a contrast between communicative and narrative uses of language and of the relation of the narrative text to the story world it describes; investigates linguistic, literary, and hermeneutic dimensions of our research; presents a computational investigation of subjective sentences and reference in narrative; studies children’s acquisition of the ability to take third-person perspective in their own storytelling; describes the psychological validation of various linguistic devices; and examines how readers develop an understanding of the geographical space of a story. This report is a longer version of a project description submitted to NSF. This document, produced in May 2007, is a L ATEX version of Technical Report 89-07 (Buffalo: SUNY Buffalo Department of Computer Science, August 1989), with slightly.. (shrink)

Hauser argues that his pocket calculator (Cal) has certain arithmetical abilities: it seems Cal calculates. That calculating is thinking seems equally untendentious. Yet these two claims together provide premises for a seemingly valid syllogism whose conclusion - Cal thinks - most would deny. He considers several ways to avoid this conclusion, and finds them mostly wanting. Either we ourselves can't be said to think or calculate if our calculation-like performances are judged by the standards proposed to rule out Cal; or (...) the standards- e.g., autonomy and self-consciousness- make it impossible to verify whether anything or anyone (save oneself) meets them. While appeals to the intentionality of thought or the unity of minds provide more credible lines of resistance, available accounts of intentionality and mental unity are insufficiently clear and warranted to provide very substantial arguments against Cal's title to be called a thinking thing. Indeed, considerations favoring granting that title are more formidable than is generally appreciated. Rapaport's comments suggest that, on a strong view of thinking, mere calculating is not thinking (and pocket calculators don't think), but on a weak, but unexciting, sense of thinking, pocket calculators do think. He closes with some observations on the implications of this conclusion. (shrink)

« Jouer le jeu académique » est l’aboutissement de deux années de billets hebdomadaires sur le blogue BrynStorming de Bryn Williams-Jones, professeur de bioéthique à l’École de santé publique de l’Université de Montréal. -/- En tant qu’éthicien intéressé depuis longtemps par les questions de justice, Williams-Jones a été motivé par le besoin de répondre aux injustices rencontrées dans le monde universitaire. De nombreux étudiants ou chercheurs échouent dans leurs études ou dans leur progression de carrière non pas parce qu’ils n’ont (...) pas les capacités intellectuelles ou le dynamisme nécessaires, mais simplement parce qu’ils ne savent pas ce que l’on attend d’eux ou comment se présenter au mieux dans un environnement compétitif. En d’autres termes, ils ne connaissent pas « les règles du jeu, » et ce n’est pas juste, car les règles sont rarement explicites. -/- Dans ce livre, qui s’articule autour de cinq grands sections – le parcours académique; l’identité professionnelle; la vie universitaire; la productivité et la créativité; les responsabilités multiples et la santé mentale – Williams-Jones fait part de ses 30 années d’expérience dans le monde universitaire pour rendre explicites les normes et les règles souvent implicites de la vie universitaire, afin que tous ceux qui le souhaitent puissent jouer le jeu de manière équitable. (shrink)

This paper argues that Hegel attempts to appropriate the irreversible aspects of Romantic aesthetics in four ways: (i) Hegel radicalizes Kantian aesthetics on the basis of a basically textual approach to sublime experience that opens up the question of community as a philosophical one; (ii) without demoting classical conceptions of art, Hegel privileges Romantic conceptions that demonstrate the ascendancy of sign over symbol in a spiraling chain; (iii) Hegel laments the fate of art in the triumph of Romantic subjectivism but (...) also suggests how communities can reconstitute themselves on the horizon of aesthetic dissolution; so that, finally, (iv) art can be reconceived as a emancipatory adventure that redefines metaphysics through its historical unfolding as an unending series of semiotic transformations. (shrink)

Chancy counterfactuals are a headache. Dylan Dodd (2009) presents an interesting argument against a certain general strategy for accounting for them, instances of which are found in the appendices to Lewis (1979) and in Williams (2008). I will argue (i) that Dodd’s understates the counterintuitiveness of the conclusions he can reach; (ii) that the counterintuitiveness can be thought of as an instance of more general oddities arising when we treat vagueness and indeterminacy in a classical setting; and (iii) the underlying (...) source of discontent which animates Dodd’s complains is to be found in a certain general constraint one might impose on conditionals—what I’ll call the counterfactual Ramsey bound. Unfortunately, the counterfactual Ramsey bound is just as problematic as its famous indicative cousin. The moral is that there’s no comfortable resting place in this area; for violations of the counterfactual Ramsey bound are going to lead to prima facie surprising results. (shrink)

I develop a probabilistic account of coherence, and argue that at least in certain respects it is preferable to (at least some of) the main extant probabilistic accounts of coherence: (i) Igor Douven and Wouter Meijs’s account, (ii) Branden Fitelson’s account, (iii) Erik Olsson’s account, and (iv) Tomoji Shogenji’s account. Further, I relate the account to an important, but little discussed, problem for standard varieties of coherentism, viz., the “Problem of Justified Inconsistent Beliefs.”.

In all probability, future generations will outnumber us by thousands or millions to one. In the aggregate, their interests therefore matter enormously, and anything we can do to steer the future of civilization onto a better trajectory is of tremendous moral importance. This is the guiding thought that defines the philosophy of longtermism. Political science tells us that the practices of most governments are at stark odds with longtermism. But the problems of political short-termism are neither necessary nor inevitable. In (...) principle, the state could serve as a powerful tool for positively shaping the long-term future. In this chapter, we make some suggestions about how to align government incentives with the interests of future generations. First, in Section II, we explain the root causes of political short-termism. Then, in Section III, we propose and defend four institutional reforms that we think would be promising ways to increase the time horizons of governments: 1) government research institutions and archivists; 2) posterity impact assessments; 3) futures assemblies; and 4) legislative houses for future generations. Section IV concludes with five additional reforms that are promising but require further research: to fully resolve the problem of political short-termism we must develop a comprehensive research program on effective longtermist political institutions. (shrink)

How should we interpret the Constitution? The “positive turn” in legal scholarship treats constitutional interpretation, like the interpretation of statutes or contracts, as governed by legal rules grounded in actual practice. In our legal system, that practice requires a certain form of originalism: our system’s official story is that we follow the law of the Founding, plus all lawful changes made since. Or so we’ve argued. Yet this answer produces its own set of questions. How can practice solve our problems, (...) when there are so many theories of law, each giving practice a different role? Why look to an official story, when on-the-ground practice may be confused or divided—or may even make the story ring false? And why take originalism as the official story, when so many scholars and judges seem to reject it? This Essay offers a response to each. To the extent that legal systems are features of particular societies, a useful theory will have to pay attention to actual social practice, including the aspects of legal practice we describe. This positive focus really can resolve a great many contentious legal disputes, as shared legal premises lead to conclusions that might surprise us or that ultimately establish one side in a dispute as correct. The most serious challenge to our view is the empirical one: whether originalism is or isn’t the official story of our law. Stripped of their jurisprudential confusion, though, the best competing accounts of our law seem to have far less supporting evidence than our own account. Focusing on social practice as it stands today turns out to direct our attention to the Founders and to the changes over time that their law has recognized. (shrink)

This paper examines a famous argument for the Buddhist doctrine of anatta ("no self) according to which nothing possesses self-nature or substantial reality. The argument unfolds during a debate between the monk Nagasena and King Milinda (Menandros). Nagasena's challenge to the King is that he demonstrate the substantial reality of the chariot in which he arrived at their meeting when said chariot is (i) not identical to any one of its proper parts, (ii) not identical to the mereological sum of (...) its proper parts, and (iii) not identical to anything wholly distinct from its parts. After presenting the argument and defending it against a plausible objection, I argue that it cannot be taken to show that persons lack self-nature. (shrink)

Heidegger's interpretation of Nietzsche has been canonized in the philosophical tradition as an almost perfect demonstration of how the forgetfulness of Being continues the dominant positions of modern metaphysics. However, the role of reading in the interpretative process casts a different light on Heidegger's approach to Nietzsche and his relationship to the philosophical tradition. This paper is concerned with three aspects of Heidegger's work, namely, (i) the role of Kant and Schopenhauer in Nietzsche's critique of metaphysics; (ii) Nietzsche's 'inversion' of (...) Platonism; and (iii) Heidegger's contribution to a hermeneutical reappraisal of Nietzsche's thought. (shrink)

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 this paper I argue against the view of G.E.L. Owen that the second version of the Third Man Argument is a sound objection to Plato's conception of Forms as paradigms and that Plato knew it. The argument can be formulated so as to be valid, but Plato need not be committed to one of its premises. Forms are self-predicative, but the ground of self-predication is not the same as that of ordinary predication.

Central to Buddhist thought and practice is the anattā doctrine. In its unrestricted form the doctrine amounts to the claim that nothing at all possesses self-nature. This article examines an early Buddhist argument for the doctrine. The argument, roughly, is that (i) if anything were a self, it would be both unchanging and self-determining; (ii) nothing has both of these properties; therefore, (iii) nothing is a self. The thesis of this article is that, despite the appearance of formal validity, the (...) truth of (i) is inconsistent with the truth of (iii). (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)

Hill explains that this book “is written both for non-philosophers and for students of philosophy. It is intended to say something both about philosophy, particularly applied moral philosophy, and about the argument for vegetarianism” (p. xiv). Since vegetarianism is an important topic in applied ethics, I had high expectations of this work. However, although the writing is commendably clear, and despite the fact that it is to be welcomed as the first book to bring together and discuss at some length (...) four different arguments for adopting a vegetarian diet, this book is disappointing both by philosophical and scholarly standards. (shrink)

Antimicrobial resistance is a growing public health concern and is associated with the over- or inappropriate use of antimicrobials in both humans and agriculture. While there has been reco- gnition of this problem on the part of agricultural and public health authorities, there has none- theless been significant difficulty in translating policy recommendations into practical guidelines. In this paper, we examine the process of public health policy development in Quebec agriculture, with a focus on the case of pork production and (...) the role of food animal veterinarians in policy making. We argue that a tendency to employ strictly techno-scientific risk analyses of antimicro- bial use ignores the fundamental social, economic and political realities of key stakeholders and so limits the applicability of policy recommendations developed by government advisory groups. In particular, we suggest that veterinarians’ personal and professional interests, and their ethi- cal norms of practice, are key factors to both the problem of and the solution to the current over-reliance on antimicrobials in food production. (shrink)

Despite the recent backlash against epistemic consequentialism, an explicit systematic alternative has yet to emerge. This paper articulates and defends a novel alternative, Epistemic Kantianism, which rests on a requirement of respect for the truth. §1 tackles some preliminaries concerning the proper formulation of the epistemic consequentialism / non-consequentialism divide, explains where Epistemic Kantianism falls in the dialectical landscape, and shows how it can capture what seems attractive about epistemic consequentialism while yielding predictions that are harder for the latter to (...) secure in a principled way. §2 presents Epistemic Kantianism. §3 argues that it is uniquely poised to satisfy the desiderata set out in §1 on an ideal theory of epistemic justification. §4 gives three further arguments, suggesting that it (i) best explains the objective normative significance of the subject's perspective in epistemology, (ii) follows from the kind of axiology needed to solve the swamping problem together with modest assumptions about the relation between the evaluative and the deontic, and (iii) illuminates certain asymmetries in epistemic value and obligation. §5 takes stock and reassesses the score in the debate. (shrink)

This article seeks the origin, in the theories of Ibn al-Haytham (Alhazen), Descartes, and Berkeley, of two-stage theories of spatial perception, which hold that visual perception involves both an immediate representation of the proximal stimulus in a two-dimensional ‘‘sensory core’’ and also a subsequent perception of the three dimensional world. The works of Ibn al-Haytham, Descartes, and Berkeley already frame the major theoretical options that guided visual theory into the twentieth century. The field of visual perception was the first area (...) of what we now call psychology to apply mathematics, through geometrical models as used by Euclid, Ptolemy, Ibn al-Haytham, and Descartes (among others). The article shows that Kepler’s discovery of the retinal image, which revolutionized visual anatomy and entailed fundamental changes in visual physiology, did not alter the basic structure of theories of spatial vision. These changes in visual physiology are advanced especially in Descartes' Dioptrics and his L'Homme. Berkeley develops a radically empirist theory vision, according to which visual perception of depth is learned through associative processes that rely on the sense of touch. But Descartes and Berkeley share the assertion that there is a two-dimensional sensory core that is in principle available to consciousness. They also share the observation that we don't usually perceived this core, but find depth and distance to be phenomenally immediate, a point they struggle to accommodate theoretically. If our interpretation is correct, it was not a change in the theory of the psychology of vision that engendered the idea of a sensory core, but rather the introduction of the theory into a new metaphysical context. (shrink)