c.4,000 word critical discussion of Fabre's book. Provides an overview of the book plus comments on the themes of (i) loyalty and treason and (ii) the ethics of spying and sex.

Supervaluationism is often described as the most popular semantic treatment of indeterminacy. There’s little consensus, however, about how to fill out the bare-bones idea to include a characterization of logical consequence. The paper explores one methodology for choosing between the logics: pick a logic thatnorms beliefas classical consequence is standardly thought to do. The main focus of the paper considers a variant of standard supervaluational, on which we can characterizedegrees of determinacy. It applies the methodology above to focus ondegree logic. (...) This is developed first in a basic, single-premise case; and then extended to the multipremise case, and to allowdegreesof consequence. The metatheoretic properties of degree logic are set out. On the positive side, the logic is supraclassical—all classical valid sequents are degree logic valid. Strikingly, metarules such as cut and conjunction introduction fail. (shrink)

This paper explores the connections between two central topics in moral and political philosophy: the moral legitimacy of authority and the ethics of causing harm. Each of these has been extensively discussed in isolation, but relatively little work has considered the implications of certain views about authority for theories of permissible harming, and vice versa. As I aim to show, reflection on the relationship between these two topics reveals that certain common views about, respectively, the justification of harm and the (...) moral limits of authority require revision. The paper proceeds as follows. Sections 1 and 2 clarify the question to be addressed and set out two main claims that I will defend. Sections 3-5 argue for the first claim. Sections 6-9 defend the second. Section 10 concludes. (shrink)

Chater & Loewenstein argue that i-frame research has been coopted by private interests opposed to system-level reform, leading to ineffective interventions. They recommend that behavioural scientists refocus on system-level interventions. We suggest that the influence of private interests on research is problematic for wider normative and epistemic reasons. A system-level intervention to shield research from private influence is needed.

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...) the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls mens rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (shrink)

According to a number of contemporary theorists, aesthetic reasons can invite or entice us but never compel us. In this paper, I develop a Kantian account of the normative force of aesthetic reasons. While Kant would likely agree that aesthetic reasons do not give rise to obligations, his account nevertheless gives us the resources for explaining how aesthetic reasons can still have more force than merely enticing reasons. This account appeals to the distinct normativity of aesthetic judgments on Kant's theory (...) and the way in which this kind of normativity structures aesthetic exchanges with other judging subjects. I argue that, in addition to the moral reasons we have for appreciating and preserving beauty, Kant’s account can accommodate distinctly aesthetic reasons for doing so that stem from our membership in aesthetic communities. (shrink)

If states are permitted to create and maintain a military force, by what means are they permitted to do so? This paper argues that a theory of just recruitment should incorporate a concern for moral risk. Since the military is a morally risky profession for its members, recruitment policies should be evaluated in terms of how they distribute moral risk within a community. We show how common military recruitment practices exacerbate and concentrate moral risk exposure, using the UK as a (...) case study. We argue that the British state wrongs its citizens by subjecting them to excessively morally risky recruitment practices. Since, we argue, this risk exposure cannot be justified by appealing to the benefits of a military career for recruits, our argument calls for reform of existing practices. Our method of evaluation is generalizable and thus can be used to assess other states’ practices. (shrink)

Due to the wide array of phenomena that are of interest to them, psychologists offer highly diverse and heterogeneous types of explanations. Initially, this suggests that the question "What is psychological explanation?" has no single answer. To provide appreciation of this diversity, we begin by noting some of the more common types of explanations that psychologists provide, with particular focus on classical examples of explanations advanced in three different areas of psychology: psychophysics, physiological psychology, and information-processing psychology. To analyze what (...) is involved in these types of explanations, we consider the ways in which law-like representations of regularities and representations of mechanisms factor in psychological explanations. This consideration directs us to certain fundamental questions, e.g., "To what extent are laws necessary for psychological explanations?" and "What do psychologists have in mind when they appeal to mechanisms in explanation?" In answering such questions, it appears that laws do play important roles in psychological explanations, although most explanations in psychology appeal to accounts of mechanisms. Consequently, we provide a unifying account of what psychological explanation is. (shrink)

Although the commentary on Aristotle’s problematic discussion of slavery is vast, his discussion of nobility receives little attention. The fragments of his dialogue On Noble Birth constitute his most extensive examination of nobility, and while their similarity to the παμβασιλεύς of the Politics has recently been recognized, their relevance to natural slavery has hitherto gone unnoticed. Yet by declaring that true nobles – particularly the god-like ἀρχηγός – preternaturally possess superhuman characteristics, Aristotle precludes their easy inclusion in the kind “human” (...) in a manner inversely mirroring the preternatural subhumanity of natural slaves. Building on recent scholarship which argues that Aristotle’s “defense” of natural slaves is better understood as an indictment, On Noble Birth becomes most coherent if read as a hypothetical investigation into what would be required for “nobility” to name something true rather than equivocal, with the conclusion that “true nobility” is an empty set. (shrink)

Many think that it would be wrong to defend an individual from attack if he competently and explicitly refuses defensive intervention. In this paper, I consider the extent to which the preferences of victims affect the permissibility of defending groups or aggregates. These cases are interesting and difficult because there is no straightforward sense in which a group can univocally consent to or refuse defensive intervention in the same way that an individual can. Among those who have considered this question, (...) the dominant view is that that consent imposes only an extremely weak constraint on defending groups. I argue that this is mistaken and defend a much more robust requirement. Indeed, on the account that I develop there are cases in which the refusal of a single member of a victim is enough to make it impermissible to defend a much larger group. At the heart of my account is the idea that consent functions as an internal component of the broader requirement that defensive harms be proportionate: if a victim validly refuses defensive intervention, the fact that defence will benefit him cannot be used to justify harming innocents as the lesser-evil. An important implication of this view is that what constitutes sufficient consent from the members of a victim group will vary on a case-by-case basis. (shrink)

In Republic V Socrates offer three successive waves of paradox, the first being that amongst the rulers men and women will be assigned to fulfill the same social functions and the second being that amongst the rulers the traditional private family will be abolished. In her article “Philosopher Queens and Private Wives: Plato on Women and the Family” (Philosophy and Public Affairs (1977)) Susan Moller Okin argued that Plato’s argument is that the second wave of paradox implies the first. In (...) this note I rebut Okin’s arguments and show, in part based on evidence adduced by Okin herself, that for Plato it is the first wave of paradox that implies the second. (shrink)

Goodman draws together, in this memoir, his explorations of meaning and coincidence, and his lived experiences of chance, and his professional experiences teaching, writing, and consulting about risk. The book opens by describing the author's life-changing encounter with a Zen Buddhist monk in 1977, over a cup of tea. Returning to his beginnings, Goodman recounts his coming-of-age, from participating the 1960’s U.S. protests and Vietnam-War resistance, to finally settling down in Canada. He describes his role in a supporting, silent vigil (...) around Willard Straight Hall at Cornell University, the night after it had been occupied by protestors, and his later application for Conscientious Objector status, following the U.S. draft lottery in 1969. He reflects on the challenges and changes on his road taken, in his career and personal relationships, and in spiritual searches, to share some insights about the seamless nature of chance, and about seeing a Both/And perspective in life that encourages openness to possibilities. -/- . (shrink)

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in different ways, (...) but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

Since its earliest incarnations, just war theory has included the requirement that war must be initiated and waged by a legitimate authority. However, while recent years have witnessed a remarkable resurgence in interest in just war theory, the authority criterion is largely absent from contemporary discussions. In this paper I aim to show that this is an oversight worth rectifying, by arguing that the authority criterion plays a much more important role within just war theorising than is commonly supposed. As (...) standardly understood, the authority criterion provides a necessary condition for the justification of the resort to war, but has no bearing on the question of permissible conduct in war. In opposition, I argue for an alternative interpretation of the criterion, which attributes to it a fundamental role in assessing this latter question. With this revised interpretation in place, I then demonstrate its advantages by applying it to the practical issue of armed conflicts that are initiated and fought by non-traditional belligerents. While several theorists have recognised that this common feature of modern armed conflict poses a challenge to mainstream just war theory in general—and to the authority criterion in particular—I argue that existing discussions frequently misconstrue the nature of the challenge, since they assume the standard interpretation of the authority requirement and its role within the theory. I then show that the revised interpretation provides a clearer account of both the challenge posed by non-traditional belligerency and the kind of response that it requires. (shrink)

According to new mechanists, mechanisms explain how specific biological phenomena are produced. New mechanists have had little to say about how mechanisms relate to the organism in which they reside. A key feature of organisms, emphasized by the autonomy tradition, is that organisms maintain themselves. To do this, they rely on mechanisms. But mechanisms must be controlled so that they produce the phenomena for which they are responsible when and in the manner needed by the organism. To account for how (...) they are controlled, we characterize mechanisms as sets of constraints on the flow of free energy. Some constraints are flexible and can be acted on by other mechanisms, control mechanisms, that utilize information procured from the organism and its environment to alter the flexible constraints in other mechanisms so that they produce phenomena appropriate to the circumstances. We further show that control mechanisms in living organisms are organized heterarchically—control is carried out primarily by local controllers that integrate information they acquire as well as that which they procure from other control mechanisms. The result is not a hierarchy of control but an integrated network of control mechanisms that has been crafted over the course of evolution. (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)

I argue that Merleau-Ponty is right to claim that some shift in an agent's perspective on the world is partly constitutive of their forming a habit, but that he is wrong about what this shift is because he wrongly conflates habit and skill. I defend an alternative: the perspectiival shift constitutive of habit-formation is that habitual courses of action come to be and seem familiar.

The vast majority of work on the ethics of war focuses on traditional wars between states. In this chapter, I aim to show that this is an oversight worth rectifying. My strategy will be largely comparative, assessing whether certain claims often defended in discussions of interstate wars stand up in the context of civil conflicts, and whether there are principled moral differences between the two types of case. Firstly, I argue that thinking about intrastate wars can help us make progress (...) on important theoretical debates in recent just war theory. Secondly, I consider whether certain kinds of civil wars are subject to a more demanding standard of just cause, compared to interstate wars of national-defence. Finally, I assess the extent to which having popular support is an independent requirement of permissible war, and whether this renders insurgencies harder to justify than wars fought by functioning states. (shrink)

The paper argues that Sartre’s work as both a literary critic and social philosopher is deeply indebted to his early commitment to phenomenology. The first part of the paper examines the nature of reading and writing in the account of literary meaning that is presented in the transitional text, 'Qu’est-ce que la littérature?' While acknowledging the political turn that occurs in Sartre’s work, we then discuss how the theme of history emerges in the later essay, 'Questions de méthode,' as one (...) that opens up a “double reading” of human motivation. Our conclusion maintains that the Marxist phase of Sartre’s work is based on the hermeneutical notion of comprehension, which provides an anthropological grounding for his existential philosophy. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

A response to a recent critique by Cem Bozşahin of the theory of syntactic semantics as it applies to Helen Keller, and some applications of the theory to the philosophy of computer science.

Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received less attention than other components of the theory. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and to debates surrounding it, and to suggest that this skepticism may be too quick. First, (...) it provides an analysis of the authority criterion, and argues there are (at least) two distinct moral claims associated with the criterion, requiring separate evaluation. Second, it outlines an increasingly influential “reductivist” approach to just war theory, and explains how it grounds powerful objections to the authority criterion. Third, and in response, it sketches the most promising strategies for providing a (qualified) defense of authority, and the further questions and complications they raise. Importantly, these strategies aim to rehabilitate the authority criterion from within a broadly reductivist view. (shrink)

This essay examines the role of non-existent objects in "epistemological ontology"--the study of the entities that make thinking possible. An earlier revision of Meinong's Theory of Objects is reviewed, Meinong's notions of Quasisein and Aussersein are discussed, and a theory of Meinongian objects as "combinatorially possible" entities is presented.

Cora Diamond has claimed that Wittgenstein’s Tractatus contains an early ‘private language argument’: an argument that private objects in other people’s minds can play no role in the language I use for talking about their sensations. She further claims that the Tractatus contains an early version of the later idea that an inner process stands in need of outward criteria. The paper argues against these claims, on the grounds that they depend on an unwarranted construal of the Tractatus’s notion of (...) use. It is further argued that Diamond’s interpretation makes a mystery of the relation between the Tractatus and Wittgenstein’s 1929 account of sensation language, set out in Philosophical Remarks and elsewhere. Finally, the paper considers and defends Michael Dummett’s contention that the Tractatus is a paradigm of semantic realism, in the light of Diamond’s claim that the Tractatus in fact suggests a form of anti-realism about sensation language. (shrink)

This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that Quong’s view generates (...) counter-intuitive results. Second, I argue that cases of harmful omissions raise problems for Quong’s claim that intentions are irrelevant to permissibility. Third, I consider Quong’s extension of the means principle to include uses of persons’ rightfully-owned property. I suggest that, contra Quong, the morality of defensive harm is not based on a prior account of distributive justice. Instead the two normative domains mutually inform one another. (shrink)

Provides an opinionated overview of some recent debates within the ethics of war.

Those of us who are not pacifists face an obvious challenge. Common-sense morality contains a stringent constraint on intentional killing, yet war involves homicide on a grand scale. If wars are to be morally justified, it needs be shown how this conflict can be reconciled. A major fault line running throughout the contemporary just war literature divides two approaches to attempting this reconciliation. On a ‘reductivist’ view, defended most prominently by Jeff McMahan, the conflict is largely illusory, since such killing (...) can be justified by aggregating individuals’ ordinary permissions to use force in self- and other-defence. In opposition, a rival ‘nonreductivist’ approach holds that these considerations are insufficient for the task. One prominent version of non-reductivism grounds the permission to kill in combatants’ membership in certain kinds of group or association. The key claim is that participation in certain morally important relationships can provide an independent source of permission for killing in war. This paper argues that non-reductivism should be rejected. It does so by pushing a dilemma onto non-reductivists: if they are successful in showing that the relevant relationships can generate permissions to kill in war, they must also jettison the most intuitive restrictions on conduct in war—the constraint on intentionally killing morally innocent non-combatants most saliently. Since this conclusion is unacceptable, non-reductivism should be rejected. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

2015 Reprint of 1956 Printing. Full facsimile of the original edition. Not reproduced with Optical Recognition Software. Cybernetics is here defined as "the science of control and communication, in the animal and the machine"-in a word, as the art of steersmanship; and this book will interest all who are interested in cybernetics, communication theory and methods for regulation and control. W. Ross Ashby (1903-1972) was an English psychiatrist and a pioneer in cybernetics, the study of complex systems. His two books, (...) "Design for a Brain" and "An Introduction to Cybernetics," were landmark works. They introduced exact and logical thinking into the nascent discipline and were highly influential. Contents include: What is new -- Change -- The Determinate Machine -- The Machine with Input -- Stability -- The Black Box -- Quantity of Variety -- Transmission of Variety -- Incessant Transmission -- Regulation in Biological Systems -- Requisite Variety -- The Error-controlled Regulator -- Regulating the Very Large System -- Amplifying Regulation. (shrink)

In recent history, we have seen the birth of a democratic nation in Nepal, after years of war between Maoist revolutionaries and the prior Monarchic State. Of course, the war was violent, there remain questions on human rights abuses, and, there had been a significant loss of civilian lives during the process. Indeed, to the Maoist, war in Nepal was part of their struggle, in what they called the 'People's War'. The struggle was borne out of much more than mere (...) dissatisfaction with the prior status quo. It was a resistance to non-democratic conditions within Nepali political life. The Maoist viewed democratic governance and citizen's rights as intrinsic to Nepali life. Of course, historically speaking, there had been no time before the Maoist struggle where Nepali life seemed all that democratic, nor did Nepali citizens ever enjoy any basic rights to speak of. Nevertheless, the Maoists saw such conditions as inextricably linked to Nepali political life. The claim that the Maoists made was that the prior status quo had to be brought to an end, and that the struggle to do so could require permanent revolution. That is, the struggle would not stop until success had been achieved, success being the formation of a new democratic state. Of course, the Maoists-being Maoists-were claiming to see the revolution to an end beyond democracy: to communist society. However, the tenets of communism have had very little to do with the Maoist revolution, as the outcome since is far more representative of a Federal Constitutional Democracy. Nevertheless, what the Maoist undertook, on behalf of all Nepali people, was to cause a severe departure from the past; to instigate a new state under new conditions and within a structure that is viable and sustainable. In light of Hannah Arendt's discussions on revolution, the beginnings of the Maoist Revolution are very interesting. Indeed, they appear to be emblematic of the sort of 'founding' that was seen in the American Revolution. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s argument (...) fails to vindicate the law’s authority over all combatants. (shrink)

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...) is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

The original scheme for compensating victims of crime was introduced as an entitlement, and later codified into law so as to establish a legal right. The result has been the opposite: qualification for compensation has been made so conditional, that a right enjoyed by victims has been made into a narrowly drawn entitlement. The following describes the prior scheme, the current statutory scheme, surveys unintended and quantitative effects the change have caused, and discusses how changes to the scheme have, in (...) effect, changed a right into an entitlement. (shrink)

This chapter defends the account of metaphysical indeterminacy of Barnes and Williams against Eklund's objections.

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

A uniform theory of conditionals is one which compositionally captures the behavior of both indicative and subjunctive conditionals without positing ambiguities. This paper raises new problems for the closest thing to a uniform analysis in the literature (Stalnaker, Philosophia, 5, 269–286 (1975)) and develops a new theory which solves them. I also show that this new analysis provides an improved treatment of three phenomena (the import-export equivalence, reverse Sobel-sequences and disjunctive antecedents). While these results concern central issues in the study (...) of conditionals, broader themes in the philosophy of language and formal semantics are also engaged here. This new analysis exploits a dynamic conception of meaning where the meaning of a symbol is its potential to change an agent’s mental state (or the state of a conversation) rather than being the symbol’s content (e.g. the proposition it expresses). The analysis of conditionals is also built on the idea that the contrast between subjunctive and indicative conditionals parallels a contrast between revising and consistently extending some body of information. (shrink)

[This download contains the Table of Contents and Chapter 1.] This first book-length study of confabulation breaks ground in both philosophy and cognitive science.

Researchers often lack the necessary data to credibly estimate racial discrimination in policing. In particular, police administrative records lack information on civilians police observe but do not investigate. In this article, we show that if police racially discriminate when choosing whom to investigate, analyses using administrative records to estimate racial discrimination in police behavior are statistically biased, and many quantities of interest are unidentified—even among investigated individuals—absent strong and untestable assumptions. Using principal stratification in a causal mediation framework, we derive (...) the exact form of the statistical bias that results from traditional estimation. We develop a bias-correction procedure and nonparametric sharp bounds for race effects, replicate published findings, and show the traditional estimator can severely underestimate levels of racially biased policing or mask discrimination entirely. We conclude by outlining a general and feasible design for future studies that is robust to this inferential snare. (shrink)

For anyone approaching the Encheiridion of Epictetus for the first time, this book provides a comprehensive guide to understanding a complex philosophical text. Including a full translation and clear explanatory commentaries, Epictetus's 'Encheiridion' introduces readers to a hugely influential work of Stoic philosophy. Scott Aikin and William O. Stephens unravel the core themes of Stoic ethics found within this ancient handbook. Focusing on the core themes of self-control, seeing things as they are, living according to nature, owning one's roles (...) and fulfilling the responsibilities that those roles entail, the authors elucidate the extremely challenging ideas in Epictetus's brisk chapters. Divided into five distinct parts, this book provides readers with: -/- - A new translation of the Encheiridion by William O. Stephens. - A new introduction to ancient Stoicism, its system of concepts, and the ancient figures who shaped it. - A fresh treatment of the notorious and counter-intuitive 'Stoic paradoxes'. - An accessible overview of the origin and historical context of the Encheiridion. - Detailed commentaries on each chapter of the Encheiridion that clarify its recurring themes and highlight their interconnections. - Careful attention to the presentation of the arguments embedded in Epictetus's aphoristic style. - A thoughtful discussion of serious criticisms of Epictetus's Stoicism and replies to these objections. -/- Written with clarity and authority, Epictetus's 'Encheiridion' provides a foundation from which readers can understand this important text and engage with the fundamental questions of Stoic philosophy and ethics. This guide will aid teachers of Epictetus, students encountering Stoicism for the first time, and readers seeking a greater understanding of Stoic ethics. (shrink)