When a plaintiff has been negligent in the sense that he should have acted otherwise, should the same criterion of negligence apply that would apply if he were creating risks only to others? Indeed, are there any persuasive reasons not to apply a radically different criterion of negligence? Moreover, should the plaintiff's recovery be diminished, outside the category of assumption of risk, even when the plaintiff has not been negligent? What are the justifiable criteria and limits of such (...) plaintiff strict responsibility? There are reasons for caution before concluding that a victim's self-regarding conduct is negligent. A victim often deserves special sympathy in the light of his special predicament, choosing between two evils, the immediate costs of which he must personally bear. Indeed, it might appear that the law is unfair or unduly onerous when it places significant demands on a victim with respect to his own self-regarding behavior. On the other hand, we should not forget that the victim's “duty” to use reasonable care is merely conditional: it applies only in case the victim seeks a remedy against the tortfeasor. (shrink)

The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.

Judgments of blame for others are typically sensitive to what an agent knows and desires. However, when people act negligently, they do not know what they are doing and do not desire the outcomes of their negligence. How, then, do people attribute blame for negligent wrongdoing? We propose that people attribute blame for negligent wrongdoing based on perceived mental control, or the degree to which an agent guides their thoughts and attention over time. To acquire information about others’ mental (...) control, people self-project their own perceived mental control to anchor third-personal judgments about mental control and concomitant responsibility for negligent wrongdoing. In four experiments (N = 841), we tested whether perceptions of mental control drive third-personal judgments of blame for negligent wrongdoing. Study 1 showed that the ease with which people can counterfactually imagine an individual being non-negligent mediated the relationship between judgments of control and blame. Studies 2a and 2b indicated that perceived mental control has a strong effect on judgments of blame for negligent wrongdoing and that first-personal judgments of mental control are moderately correlated with third-personal judgments of blame for negligent wrongdoing. Finally, we used an autobiographical memory manipulation in Study 3 to make personal episodes of forgetfulness salient. Participants for whom past personal episodes of forgetfulness were made salient judged negligent wrongdoers less harshly compared to a control group for whom past episodes of negligence were not salient. Collectively, these findings suggest that first-personal judgments of mental control drive third-personal judgments of blame for negligent wrongdoing and indicate a novel role for counterfactual thinking in the attribution of responsibility. (shrink)

Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific (...) codes of conduct, we aim to highlight the role of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. -/- Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. -/- Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. -/- Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct. (shrink)

Food security is one of the major concerns in the Philippines. Although livestock and poultry production accounts for a significant proportion of the country’s agricultural output, smallholder households are still vulnerable to food insecurity. The current study aims to examine how livestock production and selling difficulties affect smallholder households’ food-insecure conditions. For this objective, Bayesian Mindsponge Framework (BMF) analytics was employed on a dataset of the Food and Agriculture Organization’s Data in Emergencies Monitoring (DIEM) system. We found that production and (...) selling difficulties significantly adversely affect food insecurity in the Philippines. However, their effects vary according to the severity of food insecurity. In particular, production and selling difficulties affect the households’ likelihood of eating less healthy and nutritious food equally. However, the production difficulties have more negligible impacts on the possibility of skipping meals and even ambiguous impacts on the likelihood of not eating for a whole day compared to the effects of selling difficulties. Moreover, we also found that the market plays a crucial role in facilitating not only livestock trading but also livestock production (e.g., purchase of feed and medicines). Based on these findings, we suggest that the livestock market needs to be expanded and regulated to maintain the balancing prices between livestock products and products and services used for livestock production, and facilitate the product-exchanging mechanism. (shrink)

Although epistasis is at the center of the Fisher-Wright debate, biologists not involved in the controversy are often unaware that there are actually two different formal definitions of epistasis. We compare concepts of genetic independence in the two theoretical traditions of evolutionary genetics, population genetics and quantitative genetics, and show how independence of gene action (represented by the multiplicative model of population genetics) can be different from the absence of gene interaction (represented by the linear additive model of quantitative genetics). (...) The two formulations converge with weak selection but not with strong selection or, for multiple loci, when the aggregated interaction terms are not negligible. As a result of the different formulations of gene interaction, the presence or absence of linkage disequilibrium,/D/, does not necessarily indicate the presence or absence of fitness epistasis. Indeed, linkage disequilibrium is generated in ‘additive’ models in quantitative genetics whenever two (or more) loci experience simultaneous selection. As a research strategy, it is often practical, for theoretical or experimental reasons, to minimize gene interaction by assuming independence of gene action in regard to fitness, or by assuming linear additive effects of multiple loci on a phenotype. However, minimizing the role of epistasis in theoretical investigations hinders our understanding of the origins of diversity and the evolution of complex phenotypes. (shrink)

According to the incentives argument, inequalities in material goods are justifiable if they are to the benefit of the worst off members of society. In this paper, I point out what is easily overlooked, namely that inequalities are justifiable only if they are to the overall benefit of the worst off, that is, in terms of both material and social goods. I then address the question how gains in material goods can be weighed against probable losses in social goods. The (...) ultimate criterion, so my idea, is how these gains and losses affect a person's ability to reach her goals in life. Based on the idea that goals in life cannot be taken as given, I conclude that the absolute material gains are negligible compared to the losses of social goods and the disadvantage in the relative position caused by material inequalities. (shrink)

The University of Tehran English Proficiency Test (UTEPT) is a high-stakes entrance examination taken by more than 10,000 master’s degree holders annually. The examinees’ scores have a significant influence on the final decisions concerning admission to the University of Tehran Ph.D. programs. As a test validation investigation, the present study, which is a bias detection research in nature, utilized multistep logistic regression (LR) procedure to examine the presence of gender differential item functioning (DIF) in the UTEPT with a sample of (...) 6,555 examinees who took the test in November 2006. Specifically, the LR DIF two-degree of freedom Chi-squared test of significance was employed to test the significance of DIF. Following what has been recently suggested in the literature, the test of significance for DIF was accompanied by a measure of magnitude, namely the R-squared effect size for LR DIF, for the interpretation of which the two widely accepted classification schemes were used comparatively. The results reveal that 39 of the 100 items in the test display significant gender differences. However, these group differences are viewed as “negligible” based on both of the schemes. Accordingly, it could be argued that the UTEPT is a gender DIF-free test, though the Reading Comprehension section of the test remains in need of further analysis as it seems that the general trend of DIF indices at the item level may hint at an inclination towards males. (shrink)

The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of (...) research generally corroborates with our assumption that i) the increasing administrative state will variegate the traditional interplay of three branches, ii) expert bureaucracy stands at the core of policy shaping because of the necessary new concept of market and policy specialization, iii) the role of US government is not only pioneering, but also influential as a regulator, but comparatively with differing national jurisdictions if not a negligible implications on the international competition or even conflict. (shrink)

A narrative review of the major evidence concerning the relationship between emotional regulation and depression was conducted. The literature demonstrates a mediating role of emotional regulation in the development of depression and physical illness. Literature suggests in fact that the employment of adaptive emotional regulation strategies (e.g., reappraisal) causes a reduction of stress-elicited emotions leading to physical disorders. Conversely, dysfunctional emotional regulation strategies and, in particular, rumination and emotion suppression appear to be influential in the pathogenesis of depression and physiological (...) disease. More specifically, the evidence suggests that depression and rumination affect both cognitive (e.g., impaired ability to process negative information) and neurobiological mechanisms (e.g., hypothalamic pituitary adrenal axis overactivation and higher rates of cortisol production). Understanding the factors that govern the variety of health outcomes that different people experience following exposure to stress has important implications for the development of effective emotion-regulation interventional approaches (e.g., mindfulness-based therapy, emotion-focused therapy, and emotion regulation therapy). (shrink)

This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

Negligence and omission are closely related: commonly, in cases of negligent action, the agent has failed to turn her attention to some pertinent fact. But that omission is itself typically unwitting. A sufficient condition for blameworthiness for an unwitting omission is offered, as is an account of blameworthiness for negligent action. It is argued that one can be blameworthy for wrongdoing done from ignorance even if one is not blameworthy for that ignorance.

Negligence is both an important concept and an ambiguous one. Here I concentrate upon the sense of creating an unjustifiable, low-probability risk of future harm. This essay attempts to dispel theprevalent view that only a maximizing, utilitarian approach can render intelligible certain features of negligence analysis—its focus on the marginal advantages and disadvantages of the actor's taking a specific precaution, its consideration and balancing of the short-term effects of different actions, and its sensitivity to a multiplicity of factors. (...) Perhaps certain absolutist deontological perspectives are inconsistent with these features; but other deontological perspectives can easily accommodate them. Careful examination of the concept of negligence helps resolve an important debate about the nature of tort law, supporting the view that fault, rather than corrective justice, is the better interpretation and justification of Anglo-American tort doctrine. (shrink)

Why are we accountable for negligent wrongdoing? This paper develops a contractualist account of accountability for negligent wrongdoing rooted in maintaining self-trust. Displays of negligence threaten the self-trust needed to exercise planning agency. People thus have reason to take responsibility for being negligent to defeat higher-order evidence about the unreliability of one’s planning agency. Individuals are rationally required to take responsibility for negligence in virtue of the demands of planning agency. One novel implication of this view is that (...) taking responsibility for negligence grounds our holding others responsible for negligence. (shrink)

Ordinary morality judges agents blameworthy for negligently produced harms. In this paper I offer two main reasons for thinking that explaining just how negligent agents are responsible for the harms they produce is more problematic than one might think. First, I show that negligent conduct is characterized by the lack of conscious control over the harm, which conflicts with the ordinary view that responsibility for something requires at least some conscious control over it. Second, I argue that negligence is (...) relevantly indistinguishable from inadvertence, which is ordinarily thought to excuse agents from responsibility. I argue that the parallels between negligence and inadvertence suggest that negligent agents are not responsible for the harms they produce, while proposing an alternative model for distinguishing between negligence and inadvertence that does justice to our intuitions. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

In this paper, I suggest that the wrongness of many—though not at all—cases of microaggressions can be captured as cases of negligence. A case of negligence holds when, regardless of an actor’s intentions, he or she wrongs another in a manner that is both reasonably foreseeable and reasonably avoidable. Thinking of microaggressions as negligence answers some objections of skeptics who focus on the possibility that the alleged microaggressor “meant no offense”. It does so while retaining language explaining (...) why a wrong was committed and suggesting what sort of corrective behavior can reasonably be demanded to avoid these wrongs in the future. I also argue that a negligence framework does a better job of phenomenologically explaining most microaggressions—both why they occur and why they are perceived as the sort of conduct that subjects the microaggressor to agent-level moral criticism. Indeed, I believe that negligence-style logic permeates many accounts that already exist regarding microaggressions, albeit without fully being recognized. Finally, in cases where it applies, the negligence framework has an advantage over alternate accounts in that it provides for consideration of both the moral culpability of the perpetrator as well as the tangible impact of microaggressions on the victim. (shrink)

The use of machine learning algorithms has become ubiquitous in hiring decisions. Recent studies have shown that many of these algorithms generate unlawful discriminatory effects in every step of the process. The training phase of the machine learning models used in these decisions has been identified as the main source of bias. For a long time, discrimination cases have been analyzed under the banner of disparate treatment and disparate impact, but these concepts have been shown to be ineffective in the (...) context of AI. This paper examines the possibility of studying algorithmic discrimination from the perspective of negligence law. Negligent selection and validation of datasets and classifiers is a salient cause of improper training in machine learning. It is a breach of an employer’s duty to protect others, a failure of its exercise of due care in the manner of choosing employees. Adopting negligence to algorithmic discrimination requires a reformulation of what is foreseeable and reasonable within the context of black box algorithms, and a shift in the burden of proof to the employer, who must present evidence of its efforts to avoid bias. (shrink)

David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis (...) of liability for negligence and for reasoning about possible reforms of the institution of negligence law. (shrink)

One popular theory of moral responsibility locates responsible agency in exercises of control. These control-based theories often appeal to tracing to explain responsibility in cases where some agent is intuitively responsible for bringing about some outcome despite lacking direct control over that outcome’s obtaining. Some question whether control-based theories are committed to utilizing tracing to explain responsibility in certain cases. I argue that reflecting on certain kinds of negligence shows that tracing plays an ineliminable role in any adequate control-based (...) theory of responsibility. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...) selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in that (...) negligence is a manifestation of agency failure. Now, nobody’s perfect. Human agency is innately fallible, and a measure of agency failure is, therefore, unavoidable. The more one’s negligence manifests failure in one’s agency as an individual, the more one is responsible for it. In contrast, the more one’s negligence involves the shortcomings innate to all human agency the less responsible one becomes, because one’s agency as an individual is less and less involved in one’s failure. Determinative of the measure of individual and of human failings mixed into an instance of negligent phi-ing is the background quality of one’s agency at meeting one’s competency at phi-ing. That is, how able one is at delivering on what one is able to competently do. The more able, the less one’s occasional instances of negligence involve manifestations of failures of one’s agency as an individual – nobody’s perfect – and are more manifestations of one’s agency’s innate human fallibility, making one less and less responsible for one’s negligence. (shrink)

Pierson et al. (2024) conducted a survey of American bioethicists and compared their bioethical views to those of the general U.S. population. Recently, we also conducted a survey of researchers wo...

We argue that all comparative expressions in natural language obey a principle that we call Comparability: if x and y are at least as F as themselves, then either x is at least as F as y or y is at least as F as x. This principle has been widely rejected among philosophers, especially by ethicists, and its falsity has been claimed to have important normative implications. We argue that Comparability is needed to explain the goodness of several (...) patterns of inference that seem manifestly valid, that the purported failures of Comparability would have absurd consequences, and that the influential arguments against Comparability are less compelling than they may have initially seemed. (shrink)

The essentially comparative conception of value entails that the value of a state of affairs does not depend solely upon features intrinsic to the state of affairs, but also upon extrinsic features, such as the set of feasible alternatives. It has been argued that this conception of value gives us reason to abandon the transitivity of the better than relation. This paper shows that the support for intransitivity derived from this conception of value is very limited. On its most (...) plausible interpretations, it merely provides a necessary, but not sufficient, condition for intransitivity. It is further argued that the essentially comparative conception of value appears to support a disjunctive conclusion: there is incommensurability of value or betterness is not transitive. Of these two alternatives, incommensurability is preferable, because it is far less threatening to our other axiological commitments. (shrink)

Recently, many philosophers and psychologists have claimed that the explanation that grounds both passivity phenomena in the cognitive domain and passivity phenomena that occur with respect to overt actions is, along broad lines, the same. Furthermore, they claim that the best account we have of such phenomena in both scenarios is the “comparator” account. However, there are reasons to doubt whether the comparator model can be exported from the realm of overt actions to the cognitive domain in general. There is (...) a lingering worry concerning such explanations of thought insertion: the "What is compared to what?" problem. Here I examine two ways to tackle this problem. First: thought insertion consists of the misattribution of strings of inner speech which are not attenuated (thought insertion is thus another name for auditory verbal hallucinations). Second: thought insertion is misattributed inner speech which exhibits the same phenomenological characteristics as normal inner speech. After explaining the types of problem that each of these potential solutions faces, I conclude with a set of open questions that the comparator theorist has to tackle. (shrink)

We offer a novel account of metalinguistic comparatives, such as 'Al is more wise than clever'. On our view, metalinguistic comparatives express comparative commitments to conventions. Thus, 'Al is more wise than clever' expresses that the speaker has a stronger commitment to a convention on which Al is wise than to a convention on which she is clever. This view avoids problems facing previous approaches to metalinguistic comparatives. It also fits within a broader framework—independently motivated by metalinguistic negotiations and (...) convention-shiftingexpressions— that gives linguistic conventions a role in the semantics. (shrink)

‘Attempted negligence’ is a category of criminal offense that many jurists and philosophers have law have deemed conceptually incoherent. In his Attempts: In the Philosophy of Action and the Criminal Law, Gideon Yaffe challenges this dismissal, anchoring his argument in cases of what he calls ‘mental self-management’ in which agents plan to bring about that they perform unintentional actions at a later time. He plausibly argues that mental self-management-type attempted negligence is possible. However, his account raises the question (...) whether such attempts can be successful: whether, in other words, attempts to perform unintentional actions at a later time could issue in actions that are, indeed, unintentional. Intuitively, at least, it would seem that we should answer in the affirmative. However, that answer poses problems for a plausible and widely-held account of intentional action. Al Mele, responding to Yaffe’s account, has pointed out this problem without, I think, providing a satisfactory resolution. I propose another way of vindicating the possibility of successful attempted negligence with small, if significant, revision to the standard view of intentional action. In these cases, I argue, agents fail to act intentionally because they render themselves, through their acts of self-management, unaware that they are successfully executing their intentions. Moreover, I argue that these agents’ intentions to bring about that they perform unintentional actions do not commit them to acting intentionally because of the nature of intentions to bring about actions. I offer an account of the intention to bring about that one A’s and defend it against some objections. (shrink)

It is a consequence of the theory of imprecise credences that there exist situations in which rational agents inevitably become less opinionated toward some propositions as they gather more evidence. The fact that an agent's imprecise credal state can dilate in this way is often treated as a strike against the imprecise approach to inductive inference. Here, we show that dilation is not a mere artifact of this approach by demonstrating that opinion loss is countenanced as rational by a substantially (...) broader class of normative theories than has been previously recognised. Specifically, we show that dilation-like phenomena arise even when one abandons the basic assumption that agents have (precise or imprecise) credences of any kind, and follows directly from bedrock norms for rational comparative confidence judgements of the form `I am at least as confident in p as I am in q'. We then use the comparative confidence framework to develop a novel understanding of what exactly gives rise to dilation-like phenomena. By considering opinion loss in this more general setting, we are able to provide a novel assessment of the prospects for an account of inductive inference that is not saddled with the inevitability of rational opinion loss. (shrink)

This paper provides new examples of vagueness phenomena with comparatives. I show that comparatives of the form ‘x is ADJ-er than y’ can be vague due to a fuzziness in how much of some property makes for a difference in ADJ-ness. The sorites examples I provide cannot be assimilated to cases of indiscriminability or fuzziness in relevant dimensions, standards, or measurement procedures. A revised degree-based semantics with semiorders, a well studied threshold structure, is developed. The treatment of equatives captures the (...) truth of the claim that adjacent items in the sorites series are not relevantly distinguishable in ADJ-ness; and it avoids validating transitivities that would yield paradoxical conclusions. (shrink)

This study compares the social sustainability models of Western cities with those of historical Islamic cities in Iran, exploring their theoretical foundations and practical implementations. The research investigates whether the principles underlying Iranian Islamic cities align with Western standards of social sustainability, identifying similarities and differences between these models. Using a comparative analysis and an interpretative-historical approach, the study reviews the evolution of sustainable practices in both contexts. Concrete examples from Western urban models and Iranian cities are examined to (...) assess their effectiveness in fostering sustainable communities and promoting sustainable behaviors. The findings highlight significant parallels between Western and Iranian Islamic models, with an 83% overlap, particularly with the new urbanism models of Europe and America, despite distinct approaches rooted in cultural and historical contexts. The study concludes that modern urbanism in the West and the Safavid era cities in Iran represent the most sustainable models within their respective regions. (shrink)

What is Comparative Philosophy? -/- Synkretic: Journal of Indo-pacific Philosophy.

One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of (...) ethicist Nomy Arpaly to criminal negligence. Although not interested in legal issues herself, Arpaly has a well-developed theory of moral agency that explains moral concern in terms of responsiveness to moral reasons. Introducing her work to the ongoing scholarly debate will be helpful for two reasons. First, while a definition of negligence in terms of moral concern is recognized as one proposed solution to the negligence–blameworthiness problem, authors promoting it have yet to give a systematic account of moral concern and its relation to blame. Borrowing Arpaly's account will help clarify the idea of moral concern so that both proponents and critics of a concern approach to negligence can have a better-defined debate. Second, her theory of blameworthiness is especially suited to defending the blameworthiness of negligent actions, because it does not have recourse to a special quality of choice or self-control that must be active to render conduct blameworthy. To make this second advantage clear, the article argues that reliance on choice or self-control problematizes blameworthiness for negligence. Those who wish to defend blameworthiness for negligent acts should base their work on an account of moral agency that does not rely on either choice or self-control to explain when an action is blameworthy. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...) actor's conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

The purpose of this study was to compare the nutrient contents and phytochemical composition of the leaves, roots, and stem bark of Cissus populnea. The specimens came from Nsukka in Nigeria's Enugu State. Laboratory experimental design was used for this study. Samples of leaves, roots, and stem barks were prepared by drying them for two hours at 50 0C in a food dehydrator, ground into fine powder and dried again using the air-drying process The analyses were carried out using standard (...) methods. The proximate analyses showed that the samples contain crude protein (1.89 - 2.11%), crude fibre (22.23 - 22.48%), crude fat (1.99 - 2.09%), carbohydrates (43.71 - 64.96%), ash (4.11 - 6.64%) and moisture (4.46- 4.84%). The phytochemical data showed that all plant components contained phenol, alkaloids, tannins, and terpenoids, but not steroids. Both saponin and flavoloid were found in the plant's roots and leaves only. Flavonoid was not detected in the stem. The results of mineral compositions showed that the root, stem, and leaf samples included potassium (340.83 – 439.33 mg/100g) calcium (132.99 – 295.78 mg/100g), iron (1.12 – 4.21 mg/100g), magnesium (27.41- 39.67 mg/100g) and manganese (0.14 – 3.99 mg/100g). Because of its nutrient contents and phytochemical proportions, consumers are encouraged to use any parts, though root parts of the plant seem to contain high nutrient. (shrink)

I compare Frith and colleagues’ influential comparator account of how the sense of agency is elicited to the multifactorial weighting model advocated by Synofzik and colleagues. I defend the comparator model from the common objection that the actual sensory consequences of action are not needed to elicit the sense of agency. I examine the comparator model’s ability to explain the performance of healthy subjects and those suffering from delusions of alien control on various self-attribution tasks. It transpires that the comparator (...) model needs case-by-case adjustment to deal with problematic data. In response to this, the multifactorial weighting model of Synofzik and colleagues is introduced. Although this model is incomplete, it is more naturally constrained by the cases that are problematic for the comparator model. However, this model may be untestable. I conclude that currently the comparator model approach has stronger support than the multifactorial weighting model approach. (shrink)

This collection of new essays focuses on metaethical views from outside the mainstream European tradition. The guiding motivation is that important discussions about the ultimate nature of morality can be found far beyond ancient Greece and modern Europe. The volume’s aim is to show how rich the possibilities are for comparative metaethics, and how much these comparisons can add to contemporary discussions of the foundations of morality. Representing five continents, the thinkers discussed range from ancient Egyptian, ancient Chinese, and (...) the Mexica (Aztec) cultures to more recent thinkers like Augusto Salazar Bondy, Bimal Krishna Matilal, Nishida Kitarō, and Susan Sontag. The philosophical topics discussed include religious language, moral discovery, moral disagreement, essences’ relation to evaluative facts, metaphysical harmony, naturalism, moral perception, and the nature of moral realism. This volume will be of interest to anyone interested in metaethics or comparative philosophy. (shrink)

A comparative perspective in the study of religion has recently been taken up more and more often. It goes along with a growing awareness of cultural and religious plurality as well as of the importance of religion in terms of its role in the social, political, and economic processes of the contemporary world. This also gave an impulse to organize the two-day international seminar on “Comparative Methodology in Religious Studies” held in Kraków on 23–24 May 2013, at the (...) Pedagogical University of Cracow, Department of Philosophy and Sociology, in co-operation with the Editors of Argument: Biannual Philosophical Journal. During the seminar a variety of methods applied in the comparative study of religion were discussed. The participants considered which of them seemed to be most beneficial or useful for a better understanding of the subject matter, and for capturing the uniqueness and divergence between Abrahamic, Indian (Dharmic), and other religious traditions. Some criteria for a proper comparison in the field of religion were defined and justified during this discussion. The presenters took into account both the sociological context of the analysis and philosophical consideration of the most fundamental questions within comparative methodology. (shrink)

This entry in the ACPI Encyclopedia of Philosophy provides a very brief description of the nature and history of East-West comparative philosophy.

With an extensive amount of research on the social lives of primates, Frans de Waal has been a pioneering advocate for the continuity of human and non-human minds, putting forward the idea that these creatures exhibit rudimentary political and moral behaviors. One of the traits which de Waal focuses on is animal normativity, a set of behaviors functionally defined as adherence to social standards. Recently, some philosophers have endorsed this position, holding that animals show a psychological capacity called normative cognition (...) underlying those and other social behaviors. In this paper, I assess whether advocacy for animal normativity is an exercise of theory construction in comparative cognition. To that end, I present three features of this kind of theory construction. First, the explanatory goal of building functional analyses of cognitive capacities. Second, the conceptual aid of comparative thinking for theory construction. Third, the heuristic value of theory in specifying possible roads of inquiry. Taking these features into account, I assess whether the claims advocates make regarding animal normativity consider them. My answer is negative. First, since some advocates focus on behavioral traits and not on psychological capacities, they are not producing theory in comparative cognition, although, as I argue, they should. Second, there is a disregard for hypothesis testing and no evolutionary considerations to support their views. Finally, the claim that non-human animals exhibit normativity does not seem to have heuristic value. (shrink)

This article explores the main similarities and differences between Derek Parfit’s notion of imprecise comparability and a related notion I have proposed of parity. I argue that the main difference between imprecise comparability and parity can be understood by reference to ‘the standard view’. The standard view claims that 1) differences between cardinally ranked items can always be measured by a scale of units of the relevant value, and 2) all rankings proceed in terms of the trichotomy of ‘better than’, (...) ‘worse than’, and ‘equally good’. Imprecise comparability, which can be understood in terms of the more familiar notions of cardinality and incommensurability, rejects only the first claim while parity rejects both claims of the standard view. -/- I then argue that insofar as those attracted to imprecise comparability assume that all rankings are trichotomous, as Parfit appears to, the view should be rejected. This is because imprecise equality is not a form of equality but is a sui generis ‘fourth’ basic way in which items can be ranked. We should, I argue, understand imprecise equality as parity, and imprecise comparability as entailing ‘tetrachotomy’ – that if two items are comparable, one must better than, worse than, equal to, or on a par with the other. Thus those attracted to the idea that cardinality can be imprecise should abandon trichotomy and accept parity and tetrachotomy instead. -/- Finally, I illustrate the difference between Parfit’s trichotomous notion of imprecise comparability and parity by examining how each notion might be employed in different solutions to the problem posed by the Repugnant Conclusion in population ethics. I suggest that parity provides the arguably more ecumenical solution to the problem. (shrink)

Comparative philosophy between two disparate cultural-philosophic traditions, such as Western and Chinese philosophy, has become a new trend of philosophical fashion in the late twentieth and early twenty-first centuries. Having learned from the past, contemporary comparative philosophers cautiously safeguard their comparative studies against two potential pitfalls, namely cultural universalism and cultural relativism. The Orientalism that assumed the superiority of the Occidental has become a memory of the past. The historical pendulum has apparently swung to the other extreme. (...) The more recent "reverse Orientalism" has started to reclaim the superiority of the Oriental. We have even been told that the twenty-first... (shrink)

This paper addresses the field of economic measurements of the value of assets, carried out by the methods of independent expert evaluation. The mathematical principles of application, within a comparative methodical approach, of additive and multiplicative models for correcting the cost of single indicator of compared objects have been considered. The differences of mathematical basis of the compared models were analyzed. It has been shown that the ambiguity in the methodology of correction procedure requires studying the advantages and disadvantages (...) of known models, as well as the justification and elaboration of recommendations for their application. Possible forms of correction representation using several alternative units of measurement have been defined; formulas for their interconnection have been built. Analytic expressions have been derived that mathematically describe the algorithms for performing the evaluation correction procedure using various forms of correction representation. The influence of the correction execution model on the characteristics of uncertainty in the independent evaluation result has been analyzed. The scope of two possible types of correction introduction models has been determined. A specific numerical example was used to demonstrate the methodological advantages of using a multiplicative model when summarizing percentage corrections. The independence of the correction result on the sequence of correction introduction has been confirmed. It is proposed to use the selected measure of partial corrections as a criterion for the adequacy of the correction introduction model. It is proved that the result of the independent expert evaluation depends on the chosen model and does not depend on the sequence of correction introduction. The reported study results are important in terms of theory and practice since they make it possible to improve the accuracy and reliability of the result of independent expert evaluation. (shrink)

Abstract: The efficiency and performance of sorting algorithms play a crucial role in various applications and industries. In this research paper, we present a comprehensive comparative analysis of popular sorting algorithms on datasets of different sizes and characteristics. The aim is to evaluate the algorithms' performance and identify their strengths and weaknesses under varying scenarios. We consider six commonly used sorting algorithms: QuickSort, TimSort, MergeSort, HeapSort, RadixSort, and ShellSort. These algorithms represent a range of approaches and techniques, including divide-and-conquer, (...) hybrid sorting, and simple comparison-based methods. To assess their performance, we employ a diverse set of datasets, including the Iris dataset (1K), student dataset (5.8K), Wine dataset (6.5K), Uniform (10K), Normal (10K), Exponential (10K), Bimodal (10K), Yelp dataset (10K), MNIST dataset (42K), Uniform (100K), Normal (100K), Exponential (100K), Bimodal (100K), Uniform (500K), Normal (500K), Exponential (500K), Bimodal (500K), Uniform (1M), Normal (1M), Exponential (1M), and Bimodal (1M). These datasets cover a wide range of sizes and characteristics, allowing us to analyze the algorithms' performance across different dimensions. We measure and compare several key metrics, including execution time, memory usage, algorithmic complexity and stability. By analyzing these metrics, we gain insights into the efficiency and suitability of each algorithm for different dataset sizes and characteristics. We also discuss the implications of the findings in practical applications. Our results reveal important trade-offs among the sorting algorithms. While some algorithms excel in certain scenarios, others demonstrate better scalability or memory efficiency. We identify the best-performing algorithms for specific dataset characteristics and highlight their strengths and limitations. This research can assist developers and practitioners in selecting appropriate sorting algorithms based on their specific requirements and dataset characteristics. In conclusion, this comparative analysis provides a valuable contribution to the understanding of sorting algorithm performance. The findings contribute insights into the efficiency and suitability of popular sorting algorithms across datasets of different sizes and characteristics. By evaluating key metrics and discussing the implications, we offer guidance for selecting the most appropriate sorting algorithm in various practical scenarios. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely (...) Issues of Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

Can virtual engagement enable the sort of interactive coupling with objects enjoyed by archaeologists who are physically present at a site? To explore this question I consider three points: 1) Tangible interaction: What role does encounter by muscle and sinew play in experiencing and understanding objects? 2) Thinking with things. What sorts of interactions are involved when we manipulate things to facilitate thought? 3) Projection and imagination. Archaeological inquiry involves processes beyond perception. Material engagement of things stimulates these processes. What (...) must be present in a virtual environment to recreate the feel of material engagement? I conclude that nothing, in principle, prevents future virtual environments from supporting this material engagement of digital versions of artifacts. But, there is much that remains to be understood about how to realize this material engagement, both at a technological and a cognitive level. (shrink)

Interfaith dialogue is a vital tool for promoting understanding and cooperation between different religious communities. This article presents a comparative study of the Islamic and Buddhist perspectives on interfaith dialogue. Drawing on primary sources from both religions, this study explores the theological foundations of interfaith dialogue and the practical strategies employed by Muslims and Buddhists in promoting interfaith understanding. The similarities and differences between the two religions’ approaches to interfaith dialogue are analysed, examining how their respective beliefs, practices, and (...) histories shape their attitudes towards religious diversity. The research design is qualitative using library research by emphasizing content analysis on Islam and Buddhism scripture. The results show that Islamic paradigms of interreligious dialogue is da’wah (propagation, invitation or introducing Islam) that rooted from Tawḥīd, in contrast Buddhism, promotes on liberation from human suffering which rooted Bhavana and mindfulness. The study contributes to the principle of interfaith dialogue and provides insights into the potential of interfaith relation for sustaining harmony, peace, and mutual respect in diverse societies. Studies suggest the understanding of each fundamental to encourage Muslim and Buddhists scholars to produce comprehensive interreligious dialogue, theologically and philosophically. (shrink)

Comparisons of causal efficacy are ubiquitous in the practice of science and indeed everyday life. I focus on just one aspect of this task – one to my knowledge nowhere yet addressed satisfactorily – namely, comparing the efficacies of two causes that work in apparently incommensurable ways. Contrary to common opinion I argue that, to be comparable, it is neither necessary nor sufficient that two causes also be commensurable.

The efficiency or the development of a bank can be plumbed by different measures like deposits, advances, working assets, incomes, expenditures, profits, no of assets, number of accounts and branches etc. The role of employees is also of great signification as each and every expression of a bank is directly affiliated to the attitude, motivation and work civilisation of the employees. so the parameters which are used to count the efficiency, should also incorporate the performance of their employees. In the (...) current study the employee performance reasoning of selected co.opt bank has been performed on the basis of 2 ratios. a . working funds employee b . operating profit employee ratio. In this research article researcher study the employee work productivity of BCC and AJMB bank. Dr. Nitin J. Dhamsaniya | Dr. Achyut C. Patel "A Comparative Study On Employee Productivity Of Amreli Jilla Madhyasth Sahkari Bank And The Baroda Central Cooperative Bank" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-1 | Issue-1 , December 2016. (shrink)

I will make the following two main claims: (4) a. Under syntactically specifiable conditions superlatives take sentential scope. b. Sentential scope superlatives are necessarily indefinite.