Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political deliberations (...) in Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (shrink)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological a (...) priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

In this paper, I present a new framework supporting the claim that some elements in science play a constitutive function, with the aim of overcoming some limitations of Friedman's (2001) account. More precisely, I focus on what I consider to be the gradualism implicit in Friedman's interpretation of the constitutive a priori, that is, the fact that it seems to allow for degrees of 'constitutivity'. I tease out such gradualism by showing that the constitutive character Friedman aims to track can (...) be captured by three features - namely, quasi-axiomaticity (QA), generative potential (GP), and empirical shielding (ES) - which are exhibited to a maximal degree by the examples Friedman deploys, particularly in his analysis of Newtonian mechanics. I argue that not all varieties of 'constitutivity' can be captured by the kind of gradualism implicit in Friedman's view, although developing the gradualism itself might provide useful insights. To show this, I analyse the function of the Hardy-Weinberg principle (HWP) in population genetics in terms of its QA, GP, and ES. Whereas the HWP does not count as constitutive in classical philosophical interpretations (Sober 1984), nor does it within Friedman's framework, it does nonetheless perform a minimally constitutive function. By means of historical details and considerations on the prospects of replacing the HWP, I show that the HWP is minimally constitutive by being a counterfactual instantiation of a paradigmatically constitutive stability principle, where the latter might itself be regarded as an enabling condition for a variety of modelling practices across the sciences. (shrink)

manuscript delves into the philosophical debate surrounding the Special Composition Question (SCQ), focusing on the causal relationships between objects and their constituent parts. By distinguishing between Weak and Strong Causal Composition, the article explores how causal mechanisms underpin the composition of objects. Theories from notable philosophers, including van Inwagen and Leibniz, are evaluated. This study seeks to bridge the gap between common sense perspectives and principled ontological theories by introducing the concepts of Weak and Strong Causal Composition. The analysis reveals (...) how a causal approach can offer insightful resolutions to longstanding debates in mereology and ontology, emphasizing the role of causality in understanding the essence of material composition. The proposed causal perspective encourages further philosophical inquiry into the foundational principles governing the composition of objects. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by (...) the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized (...) moral-political reasons on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

What I want to point out is the “meaning change” that Friedman ascribes to terms and principles, which he calls a priori, in the transition from the old framework to the new: -/- 'This captures the sense, in particular, in which there has indeed been a ”meaning change” in the transition from the old framework to the new: even if the same terms and principles reappear in the new framework they do not have the same meaning they had (...) in the old' (Friedman 2001, p. 99, ft. 37). -/- Following Friedman, we should admit that the same words possess different meanings in different frameworks. In fact, terms and principles that are empirical in an old framework may shift to constitutive status in the new framework, and vice- versa. If Friedman’s account seemed to entrust the prospective rationality of science to constitutive a priori principle, the notion of meaning change suggests instead that Friedman’s argument upholds the Kuhnian account of incommensurability, while we were expecting he aimed to mitigate it. As he clearly states in the passage to follow: -/- 'The later framework is not translatable into the earlier framework, of course, simply because the concepts used in formulating the later framework have not yet come into existence' (Friedman 2001, pp. 98-99). -/- Friedman’s account purports to emphasize that a transition from empirical laws to principles, and vice-versa, should imply a conceptual shift. But is “meaning change” the appropriate expression that may describe such a conceptual shift? What does the word “concept” mean for Friedman? How are concepts related to the meaning of terms? What does the “meaning” mean in Friedman’s view? What is the relation between terms and theories? Does theory change entail a meaning change of scientific terms, that is, do terms determine theory change (i.e. difference in theories is ipso facto difference in terms)? Recently, some specialists (Tsou 2010, for instance) have stressed Friedman’s notion of constitutive a priori principle in light of Putnam’s positive account of apriority. Friedman's and Putnam’s notions of relativized a priori are presented as similar insofar as they both affirm the existence of principles in science, which are revisable and relativized to a particular body of knowledge. However, the similarities do not take into account that Friedman ascribed a meaning change to coordinating principles that are constitutive of the new framework. Could Putnam subscribe such a meaning change? This paper aims to analyse Friedman’s notion of constitutive a priori principle in relation to the problem of meaning change by taking into account Putnam’s theory of meaning and his notion of framework principle. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of (...) proportionality analysis is a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

Can the question "Why do what morality requires?" be answered in such a way that anyone regardless of their desires or interests has reason to be moral? One strategy for answering this question appeals to constitutive arguments. In general, constitutive arguments attempt to establish the normativity of rational requirements by pointing out that we are already committed to them insofar as we are believers or agents. This study is concerned with the general prospects for such arguments. It starts by explaining (...) the general constitutive argument strategy, followed by an examination of constitutive arguments that have been given regarding theoretical reason and the instrumental principle in practical reason, and concluding with a discussion of some challenges to constitutive arguments in moral philosophy and some possible responses to these challenges. (shrink)

Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with the (...) principle of intergenerational justice. Recurring constitutional reform commissions in fixed time intervals would give each generation of citizens a say without leaning too much to the side of flexibility. (shrink)

The first part of this paper finds Craver’s (2007) mutual manipulability theory (MM) of constitution inadequate, as it definitionally ties constitution to the feasibility of idealized experiments, which, however, are unrealizable in principle. As an alternative, the second part develops an abductive theory of constitution (NDC), which exploits the fact that phenomena and their constituents are unbreakably coupled via common causes. The best explanation for this common-cause coupling is the existence of an additional dependence relation, viz. constitution. Apart from adequately (...) capturing the essential characteristics of constitution missed by MM, NDC has important ramifications for constitutional discovery—most notably, that there is no experimentum crucis for constitution, not even under ideal discovery circumstances. (shrink)

Logic arguably plays a role in the normativity of reasoning. In particular, there are plausible norms of belief/disbelief whose antecedents are constituted by claims about what follows from what. But is logic also relevant to the normativity of agnostic attitudes? The question here is whether logical entailment also puts constraints on what kinds of things one can suspend judgment about. In this paper I address that question and I give a positive answer to it. In particular, I advance two logical (...) norms of agnosticism, where the first one allows us to assess situations in which the subject is agnostic about the conclusion of a valid argument and the second one allows us to assess situations in which the subject is agnostic about one of the premises of a valid argument. (shrink)

Since Husserl, the task of developing an account of intentionality and constitution has been central to the phenomenological enterprise. Some of Merleau-Ponty's descriptions of ‘the flesh’ suggest that he gives up on this task, or, more strongly, that the flesh is in principle incompatible with intentionality or constitution. I show that these remarks, as in Merleau-Ponty's earlier writings, refer to the classical, early Husserlian interpretations of these concepts, and argue that the concept of the flesh can plausibly be understood to (...) advance a refined account of intentionality and constitution. Instead of a first-personal, unidirectional act or embodied motor project, intentionality is a latent openness to things, where the roles of subject and object are reversible. Whereas the view of constitution as meaning-bestowal is untenable, the flesh has a constitutive role, which is supported by a ‘constitutional passivity’ from the subject. On this reading, Merleau-Ponty's later work aims to develop basic tenets of his earlier thought, albeit at a critical distance, an attempt he thought was continuous with the central problems that Husserl claimed a phenomenological philosophy must grapple with, even if Merleau-Ponty's answers to these problems are not Husserl's. (shrink)

[Working Draft — Comments are welcome! — March 2024] Reductive strong representationalists accept the Common Kind Thesis about subjectively indistinguishable sensory hallucinations, illusions, and veridical experiences. I show that this doesn’t jibe well with their declared phenomenal externalism and argue that there is no sense in which the phenomenal character of sensory experiences is constituted by the sensible properties represented by these experiences, as representationalists claim. First, I argue that, given general representationalist principles, no instances of a sensible property (...) constitute the phenomenal character of the sensory experience that represents them. Second, I argue that, with two very plausible assumptions in place, no sensible property qua universal can constitute the phenomenal character of experiences either. At the end, I offer an alternative picture that is consistent with a naturalist psychosemantics for sensory experiences without embracing phenomenal externalism. (shrink)

While ideal interventions are acknowledged by many as valuable tools for the analysis of causation, recent discussions have shown that, since there are no ideal interventions on upper-level phenomena that non-reductively supervene on their underlying mechanisms, interventions cannot—contrary to a popular opinion—ground an informative analysis of constitution. This has led some to abandon the project of analyzing constitution in interventionist terms. By contrast, this paper defines the notion of a horizontally surgical intervention, and argues that, when combined with some innocuous (...) metaphysical principles about the relation between upper and lower levels of mechanisms, that notion delivers a sufficient condition for constitution. This, in turn, strengthens the case for an interventionist analysis of constitution. (shrink)

I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening (...) the courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way. (shrink)

In this dissertation, I present a novel account of the components that have a peculiar epistemic role in our scientific inquiries, since they contribute to establishing a form of coordination. The issue of coordination is a classic epistemic problem concerning how we justify our use of abstract conceptual tools to represent concrete phenomena. For instance, how could we get to represent universal gravitation as a mathematical formula or temperature by means of a numerical scale? This problem is particularly pressing when (...) justification for using these abstract tools comes, in part or entirely, from knowledge which is not independent from them, thus leading to threats of circularity. Achieving coordination between some abstract conceptual tools and the concrete phenomena that they are supposed to represent is usually a complex process, which involves several epistemic components. Some of these components eventually provide stable conditions for applying those abstract representations to concrete phenomena. It is in this sense of providing certain conditions of applicability that different philosophical traditions, as well as some contemporary reappraisals, view these components as constitutive or a priori. In this work, I present a new gradualist, contextualist, and relational approach to understand these constitutive components of scientific inquiry. It is gradualist inasmuch as the degree to which some component is constitutive depends on three quantifiable features: quasi-axiomaticity, generative potential, and empirical shielding. Since the quantification of these three features impinges on the history and practice of using these components in a scientific context, my approach is a contextualist one. Finally, my approach is relational in a double sense: first, it identifies ordinal relationships among epistemic components with respect to their constitutive character; second, these relationships are relative to a scientific framework of inquiry. After introducing my account and a classic example of constitutively a priori principles, i.e., Friedman’s (2001) analysis of Newtonian mechanics, I turn to my own case studies to demonstrate the advantages of my approach. Firstly, I discuss Okasha’s (2018) view of endogenization as a pervasive theoretical strategy in evolutionary biology and suggest that the constitutive character of the core Darwinian principles progressively increases with endogenization. Secondly, I apply a conceptual distinction between two varieties or scopes of coordination – general coordination and coordination in measurement – to Ohm’s work on electrical conductivity. This distinction allows me to pinpoint to what extent components along different dimensions (e.g., instrumentation, measurement, theorising, etc.) were constitutive of the forms of coordination which Ohm relied on. Thirdly, I discuss the epistemic function of the Hardy-Weinberg principle in the history and practice of population genetics. I assess this principle in terms of my account and identify approximation and stability as two components that are highly constitutive, in that they contribute to justifying its use in population genetics. Finally, applying my account to these case studies enables me to identify at least three qualitatively different types of constitutive components: domain-specific theoretical principles, material components, and domain-independent assumptions underlying reasoning abilities. In the light of my results, I draw some general conclusions on epistemic justification and scientific knowledge. (shrink)

This paper argues for interpreting Nietzsche along the lines of a self-constitution view. According to the self-constitution view, a person is a kind of creation: we constitute our selves throughout our lives. The self-constitution view may take more than one form: on the narrative version, the self is like a story, while on the Kantian version, the self is a set of principles or commitments. Taking Marya Schechtman’s and Christine Korsgaard’s accounts as paradigmatic, I take the self-constitution view to (...) emphasize practical considerations and the first person point of view and to conceive of the self as active in self-creation. The interpretation I offer can make sense of Nietzsche’s remarks about self-creation and of many of Nietzsche’s remarks about the self that would otherwise seem contradictory. In particular, Nietzsche’s anti-metaphysical remarks about the self fit well with the self-constitution view as long as they are understood as theoretical claims that do not undermine the importance of the practical point of view. (shrink)

In this paper, I argue that there are multiple principles of apperception which jointly constitute the foundation of Kant's argument in the transcendental deduction.

Very little attention has been paid towards examining John Rawls’s liberal principle of legitimacy as a self-standing theory. Nevertheless, it offers a highly original way of thinking about state legitimacy. In this paper, I will offer a sketch of what such an account might look like. At its heart is the idea that the legitimacy of the state resides not in the consent of the governed, nor in the state’s conformity with the appropriate principles of justice, but rather in (...) citizens’ endorsement of the state and its underlying constitutional principles on the basis of their own comprehensive conceptions of justice. Such an account offers a stable middle ground between popular alternatives, and has a way of not just solving, but dissolving, the problem of legitimacy. (shrink)

The modern form of government resort their legitimacy to democracy and Republican concept. In any viable way, the political power no longer entertains the dynasty or any divinity from the religion. Then who are responsible to make us fateful if we are any kind of citizen in a polity. Often it is true that the government has to be an amalgam of power elites, and divided for a limited government. The modern democratic constitutionalism considered this aspect any most in primacy (...) to defend or promote their privileges or vision. This root context of civil interaction around 17th and 18th centuries has underlain the modern form of democratic state. Within the concern of these two points, the paper has explored the main feature of limited government in the liberal constitutionalism, which deals with the separation of powers principle, distribution of governmental powers and some of controversies involving the social legislation and role of public officers. I hope that it could be a lesson for the public officer of both camps, one as realistically and the other in the context of analogical insights. Hopefully, I may expect that the following research may be bred in socialist tension of states about how the public officers are structured to act and could liberate themselves to progress. (shrink)

Many ordinary things are made up of material things. For example, the statue of Ferdousi in the University of Tehran is made up of a particular piece of bronze. Calling the relation between the statue of Ferdousi and that piece of bronze material constitution, many philosophers have claimed that this relation between a material thing and the thing that it constitutes is identity. Baker, in contrast, believes that these things have genuine unity without necessary identity. In this article, I first (...) illustrate the principles of Baker’s theory and his explanation of this relation. Then I will assess the theory against objections. I will conclude that this theory can successfully explain relation between many of material things, but concerning things belonging to human beings, the theory fails to introduce a criterion for constitution. (shrink)

Due to the influence of Nathan Salmon’s views, endorsement of the “flexibility of origins” thesis is often thought to carry a commitment to the denial of S4. This paper rejects the existence of this commitment and examines how Peacocke’s theory of the modal may accommodate flexibility of origins without denying S4. One of the essential features of Peacocke’s account is the identification of the Principles of Possibility, which include the Modal Extension Principle (MEP), and a set of Constitutive (...) class='Hi'>Principles. Regarding their modal status, Peacocke argues for the necessity of MEP, but leaves open the possibility that some of the Constitutive Principles be only contingently true. Here, I show that the contingency of the Constitutive Principles is inconsistent with the recursivity of MEP, and this makes the account validate S4. It is also shown that, compatibly with the necessity of the Constitutive Principles, the account can still accommodate intuitions about flexibility of origins. However, the account we end up with once those intuitions are consistently accommodated may not be satisfactory, and this opens up the debate about whether or not artefacts allow for some variation in their origins. (shrink)

Impurism says that practical factors encroach on knowledge. An important version of impurism is called ‘Threshold-Impurism,’ which says that practical factors encroach on the threshold that rational credence must pass in order for one to have knowledge. A prominent kind of argument for Threshold-Impurism is the so-called ‘principle-based argument,’ which relies on a principle of fallibilism and a knowledge-action principle. This paper offers a new challenge against Threshold-Impur- ism. I attempt to show that the two principles Threshold-Impurists are committed (...) to—KJ and Fallibilism—are jointly in tension with a widely-held principle of credence that’s called ‘Truth-Directedness,’ in the sense that the former two principles cannot both apply to those who know the third. This tension constitutes a serious challenge to Threshold-Impurists, because it leaves them two options, both of which are undesirable: denying Truth-Directedness, or accepting Truth-Directedness and accepting that whether KJ and Fallibilism apply to a person depends on whether she knows Truth-Directedness. (shrink)

(Introduction) The question of heterogeneity does not appear at first glance to be a genuinely phenomenological problem and not even a problem in general. It seems to go without saying that there is “coupling” (Paarung), association, fusion, synthesis or in general any form connection between different data of consciousness, all as it seems obvious (at least from Husserl) that there must be objectities so that we can talk about knowledge and truth. After Kant we got so used to synthetic formations (...) that we hardly think of their possibilities in principle and the problems that these are called upon to resolve. Phenomenology does nothing else but describing the synthetic process, starting with its most elementary (pre-reflective) levels, aiming thus to completely elucidate the constitution of the objectity and, by that, the functioning and the rights of reason. Now, such elucidation does not only involve an approach aimed at the how, but also, the why of this process. In other words, our attention and our theoretical interest must be directed not only towards the course of the constitutive synthesis, but also on what motivates her intrinsically. Questions like "why should he be there in general an objectity? " or "is it principally possible to associate in one form or another data belonging to to the same class or to different classes? ”, questions which are de jure and which therefore refer rather to the legality of the constitution than its more or less contingent functioning, cannot in any way be excluded from the scope of the phenomenological questioning. As much as the epistemological ideal of phenomenological description required above all that it avoid any form of abstraction and idealization, this class of questions is, if not excluded, at least left in shadow. (shrink)

There is a growing body of scholarship that is addressing the ethics, in particular, the bioethics of space travel and colonisation. Naturally, a variety of perspectives concerning the ethical issues and moral permissibility of different technological strategies for confronting the rigours of space travel and colonisation have emerged in the debate. Approaches ranging from genetically enhancing human astronauts to modifying the environments of planets to make them hospitable have been proposed as methods. This paper takes a look at a critique (...) of human bioenhancement proposed by Mirko Garasic who argues that the bioenhancement of human astronauts is not only functional but necessary and thus morally permissible. However, he further claims that the bioethical arguments proposed for the context of space do not apply to the context of Earth. This paper forwards three arguments for how Garasic’s views are philosophically dubious: (1) when he examines our responsibility towards future generations he refers to a moral principle (which we will call the principle of mere survival) which, besides being vague, is not morally acceptable; (2) the idea that human bioenhancement is not natural is not only debatable but morally irrelevant; and (3) it is not true that the situations that may arise in space travel cannot occur on Earth. We conclude that not only is the (bio)enhancement of humans on Earth permissible but perhaps even necessary in certain circumstances. (shrink)

This article offers a novel, conservative account of material constitution, one that incorporates sortal essentialism and features a theory of dominant sortals. It avoids coinciding objects, temporal parts, relativizations of identity, mereological essentialism, anti-essentialism, denials of the reality of the objects of our ordinary ontology, and other departures from the metaphysic implicit in ordinary ways of thinking. Defenses of the account against important objections are found in Burke 1997, 2003, and 2004, as well as in the often neglected six paragraphs (...) that conclude section V of this article. (shrink)

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment (...) of an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

Davies argues that the ontology of artworks as performances offers a principled way of explaining work-relativity of modality. Object oriented contextualist ontologies of art (Levinson) cannot adequately address the problem of work-relativity of modal properties because they understand looseness in what counts as the same context as a view that slight differences in the work-constitutive features of provenance are work-relative. I argue that it is more in the spirit of contextualism to understand looseness as context-dependent. This points to the general (...) problem—the context of appreciation is not robust enough to ground modal intuitions about objective entities. In general, when epistemology dictates ontology there is always a threat of anti-realism, scepticism and relativism. Davies also appeals to the modality principle—an entity’s essential properties are all and only its constitutive properties. Davies understands essentiality in a traditional way: a property P is an essential property of an object o iff o could not exist and lack P. Kit Fine has recently made a convincing case for the view that the notion of essence is not to be understood in modal terms. I explore some of the implications of this view for Davies’ modal argument for the performance theory. (shrink)

Ludwig deals with the relations between language, thought, and rationality, and, especially, the role and status of assumptions about rationality in interpreting another’s speech and assigning contents to her psychological attitudes—her beliefs, desires, intentions, and so on. The chapter is organized around three questions: What is the relation between rationality and thought? What is the relation between rationality and language? What is the relation between thought and language? Ludwig argues that some large degree of rationality is required for thought and (...) consequently that same degree of rationality at least is required for language since language requires thought. Thought, however, does not require language. In answering questions and, Ludwig gives particular attention to Davidson’s arguments for the Principle of Charity, according to which it is constitutive of speakers that they are largely rational and largely right about the world, and to Davidson’s arguments for the thesis that without the power of speech we lack the power of thought. (shrink)

Austin's distinction between locutionary and illocutionary acts has offered a fruitful way of focussing the relation between language and communication. In particular, by adopting the distinction we attend to linguistic and communicative subjects as actors, not just processors or conduits of information. Yet in many attempts to explicate the constitution of illocutionary acts the subject as actor is subsumed within the role of linguistic rules or conventions. I propose an account of illocutionary acts in which rules or conventions are secondary (...) to what I call communicative skills. These skills are taken as the primary component of communicative competence. They are derived from the principle that linguistic communication is not ultimately a linguistic matter, but relates instead to the way a communicator uses language. This principle is found in the work of Donald Davidson, but Davidson has tended to concentrate on semantics, and leaves the details of linguistic communication for pragmatics. The aim of this paper is to defend the general principle and supply some pragmatic details. (shrink)

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based (...) on substantive data: the Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences. (shrink)

Artificial Intelligence (AI) is already having a major impact on society. As a result, many organizations have launched a wide range of initiatives to establish ethical principles for the adoption of socially beneficial AI. Unfortunately, the sheer volume of proposed principles threatens to overwhelm and confuse. How might this problem of ‘principle proliferation’ be solved? In this paper, we report the results of a fine-grained analysis of several of the highest-profile sets of ethical principles for AI. We (...) assess whether these principles converge upon a set of agreed-upon principles, or diverge, with significant disagreement over what constitutes ‘ethical AI.’ Our analysis finds a high degree of overlap among the sets of principles we analyze. We then identify an overarching framework consisting of five core principles for ethical AI. Four of them are core principles commonly used in bioethics: beneficence, non-maleficence, autonomy, and justice. On the basis of our comparative analysis, we argue that a new principle is needed in addition: explicability, understood as incorporating both the epistemological sense of intelligibility (as an answer to the question ‘how does it work?’) and in the ethical sense of accountability (as an answer to the question: ‘who is responsible for the way it works?’). In the ensuing discussion, we note the limitations and assess the implications of this ethical framework for future efforts to create laws, rules, technical standards, and best practices for ethical AI in a wide range of contexts. (shrink)

In this paper, I try to offer a full-fledged defense of principle-based ethics against moral particularism. My discussions not only refute particularists’ allegations against moral generalism but also provide a positive rationale for a principle-based approach in ethics. By borrowing insights from Brandom’s and Peregrin’s normative pragmatism, I describe the fundamental roles of moral principles. In my view, moral principles constitute morality, and they can function as default reasons in our moral deliberations. Moreover, I argue that my principle-based (...) conception of ethics has advantages over particularism since it explains the phenomenological experience and covers basic intuitions in the moral domain that particularists have difficulty explaining. (shrink)

The separation of powers principle deeply heritaged in the US constitutionalism affected and continues to influence the law and public policy in the nation. The tripartite scheme of government was quarreled over the history how we have to perceive any best adequate interaction among the Congress, Executive and Judiciary. The Constitution itself merely quibbles on this point, and the Supreme Court justices, in some cases, would not be done as a clear cut for the scope of constitutional power conferred (...) on each branch. As the stare decisis is a rule in the common law countries, it is less prospective to anticipate that a quantum leap can be made for the new paradigm of constitutional government in the US. In this challenge, the paper deals with the sensitive area of three powers involving the issue of presidential privilege and immunity, justiceability and standing, as well as judicial control of public agencies. In the course of discussion, several landmark cases were illustrated to make a point for the angulated controversies, typically involving the pressing pubic issues and officers of absolute or qualified immunity. Given the diverse structure of government, the US model had been followed by many new born republics in 20th centuries. The author would wish that the paper provides a comparative lesson for the circle of those countries. (shrink)

In different parts of the world, attempts have been made to define the principle of fraternity as a political and legal value as compared to a historic/rhetoric one. Fraternity or fraternal relations (occasionally also referred to as solidarity, humanity, compassion, brotherhood) are forged in the everyday lives of societies, when they share common aspirations and vulnerabilities. The wider use or the linking of the principle to conditions of conflict and mass frustration makes it a sort of mirror of realities. These (...) lived experiences and contexts also give the principle a dynamic and propelling quality within law and politics. (shrink)

In a recent paper in this journal, we proposed two novel puzzles associated with the precautionary principle. Both are puzzles that materialise, we argue, once we investigate the principle through an epistemological lens, and each constitutes a philosophical hurdle for any proponent of a plausible version of the precautionary principle. Steglich-Petersen claims, also in this journal, that he has resolved our puzzles. In this short note, we explain why we remain skeptical.

One of the main issues that dominates Neoplatonism in late antique philosophy of the 3rd–6th centuries A.D. is the nature of the first principle, called the ‘One’. From Plotinus onward, the principle is characterized as the cause of all things, since it produces the plurality of intelligible Forms, which in turn constitute the world’s rational and material structure. Given this, the tension that faces Neoplatonists is that the One, as the first cause, must transcend all things that are characterized by (...) plurality—yet because it causes plurality, the One must anticipate plurality within itself. This becomes the main mo- tivation for this study’s focus on two late Neoplatonists, Proclus (5th cent. A.D.) and Damascius (late 5th–early 6th cent. A.D.): both attempt to address this tension in two rather different ways. Proclus’ attempted solution is to posit intermediate principles (the ‘henads’) that mirror the One’s nature, as ‘one’, but directly cause plurality. This makes the One only a cause of unity, while its production of plurality is mediated by the henads that it produces. Damascius, while appropriating Proclus’ framework, thinks that this is not enough: if the One is posed as a cause of all things, it must be directly related to plurality, even if its causality is mediated through the henads. Damascius then splits Proclus’ One into two entities: (1) the Ineffable as the first ‘principle’, which is absolutely transcendent and has no causal relation; and (2) the One as the first ‘cause’ of all things, which is only relatively transcendent under the Ineffable. -/- Previous studies that compare Proclus and Damascius tend to focus either on the Ineffable or a skeptical shift in epistemology, but little work has been done on the causal framework which underlies both figures’ positions. Thus, this study proposes to focus on the causal frameworks behind each figure: why and how does Proclus propose to assert that the One is a cause, at the same time that it transcends its final effect? And what leads Damascius to propose a notion of the One’s causality that no longer makes it transcendent in the way that a higher principle, like the Ineffable, is? The present work will answer these questions in two parts. In the first, Proclus’ and Damascius’ notions of causality will be examined, insofar as they apply to all levels of being. In the second part, the One’s causality will be examined for both figures: for Proclus, the One’s causality in itself and the causality of its intermediate principles; for Damascius, the One’s causality, and how the Ineffable is needed to explain the One. The outcome of this study will show that Proclus’ framework results in an inner tension that Damascius is responding to with his notion of the One. While Damascius’ own solution implies its own tension, he at least solves a difficulty in Proclus—and in so doing, partially returns to a notion of the One much like Iamblichus’ and Plotinus’ One. (shrink)

The Preamble to the Charter of Rights and Freedoms claims "Canada is grounded upon principles that recognize the supremacy of God." This claim is hopelessly confused and it has no place in our constitution. This is true, moreover, whether you are a Christian, a Jew, a Muslim, a Pantheist, an atheist, or someone who has never given one moment's thought to "the supremacy of God" -- much less "recognized" it.

A well-known theory about under which circumstances a statement is true in a fiction is The Reality Principle, which originate in the work of David Lewis: (RP) Where p1... pn are the primary fictional truths of a fiction F , it is true in F that q iff the following holds: were p1 ... pn the case, q would have been the case (Walton 1990: 44). RP has been subjected to a number of counterexamples, up to a point where, in (...) the words of Stacie Friend “it is widely recognized that the Reality Principle […] cannot be a universal inference rule for implied story-truths” (Friend 2017: 33). This chapter argues that the strength of these counterexamples is widely overestimated, and that they do not, on closer scrutiny, constitute reasons for rejecting RP. (shrink)

The success of a few theories in statistical thermodynamics can be correlated with their selectivity to reality. These are the theories of Boltzmann, Gibbs, end Einstein. The starting point is Carnot’s theory, which defines implicitly the general selection of reality relevant to thermodynamics. The three other theories share this selection, but specify it further in detail. Each of them separates a few main aspects within the scope of the implicit thermodynamic reality. Their success grounds on that selection. Those aspects can (...) be represented by corresponding oppositions. These are: macroscopic – microscopic; elements – states; relational – non-relational; and observable – theoretical. They can be interpreted as axes of independent qualities constituting a common qualitative reference frame shared by those theories. Each of them can be situated in this reference frame occupying a different place. This reference frame can be interpreted as an additional selection of reality within Carnot’s initial selection describable as macroscopic and both observable and theoretical. The deduced reference frame refers implicitly to many scientific theories independent of their subject therefore defining a general and common space or subspace for scientific theories (not for all). The immediate conclusion is: The examples of a few statistical thermodynamic theories demonstrate that the concept of “reality” is changed or generalized, or even exemplified (i.e. “de-generalized”) from a theory to another. Still a few more general suggestions referring the scientific realism debate can be added: One can admit that reality in scientific theories is some partially shared common qualitative space or subspace describable by relevant oppositions and rather independent of their subject quite different in general. Many or maybe all theories can be situated in that space of reality, which should develop adding new dimensions in it for still newer and newer theories. Its division of independent subspaces can represent the many-realities conception. The subject of a theory determines some relevant subspace of reality. This represents a selection within reality, relevant to the theory in question. The success of that theory correlates essentially with the selection within reality, relevant to its subject. (shrink)

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human rights is (...) chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

STRESZCZENIE Opracowanie zmierza do udzielenia odpowiedzi na pytanie, czym – z punktu widzenia struktury procesu wykładni i struktury wchodzących w grę wartości konstytucyjnych – różni się ograniczanie wolności i praw w ramach stosowania „zwykłych środków konstytucyjnych”, od ograniczania wolności i praw dopuszczalnego w stanach nadzwyczajnych. Podjęta zostaje problematyka dotyczącą kwestii materialnych, a poza zakresem rozważanych zagadnień pozostają kwestie dotyczące formalnych warunków dopuszczalności ograniczeń, jak publiczne ogłoszenie zagrożenia czy możliwość wprowadzania ograniczeń w aktach podustawowych. Stawiane tezy są polemiczne wobec poglądów, że (...) zawieszenie wolności lub praw jest skrajnym typem ograniczania i następuje wtedy, gdy wolności czy prawa „już nie ma”, lub że zawieszenie zakłada ograniczenie istoty wolności lub prawa. Okazuje się, że można sensownie mówić o zawieszaniu wolności lub praw także wówczas, gdy są one ograniczane w niewielkim tylko stopniu. Ponadto, możliwe jest zawieszanie, które nie prowadzi do ograniczenia istoty wolności lub prawa. Argumentuje się, że istotą zawieszania wolności lub praw w stanach nadzwyczajnych jest zakwestionowanie podstawowego ich przymiotu, jakim jest – uznawana w prawie międzynarodowym – nienaruszalność „całych” poszczególnych praw człowieka, która jest czymś innym od nienaruszalności ich istoty. Przy okazji prowadzona jest refleksja teoretycznoprawna nad zagadnieniem zawieszania wolności lub praw. Zawieszenie okazuje się czymś istotnie różnym od czasowej utraty mocy obowiązującej przepisów dotyczących wolności czy praw. Ich ciągłe obowiązywanie znajduje wyraz, na przykład, w zasadzie proporcjonalności mającej zastosowanie do zawieszanych wolności lub praw. -/- Extraordinary Measures and Restrictions of Constitutional Freedoms and Rights ABSTRACT The study aims to answer the question on the difference between limitation of freedoms and rights in ordinary situations and their suspension (derogation) when extraordinary measures are introduced. This question is considered from the point of view of the structure of the interpretation process and the structure of the constitutional values. Consideration is given to issues relating to material aspects. However, issues relating to formal conditions for the admissibility of restrictions, such as public announcement of a threat or the possibility of introducing restrictions in sub-statutory acts, are not examined. The theses put forward are critical of the view that suspension of freedoms or rights is an extreme type of limitation and a freedom or a right "is no longer there", and of the view that suspension presupposes violation of the essence of freedom or right. It can be argued that it makes sense to talk about the suspension of freedoms or rights also when they are only slightly restricted. Moreover, it is possible to suspend a freedom or a right without violating their essence. It is argued that suspension of freedoms or rights leads to questioning of their basic characteristic that is their inviolability as recognized in international law. However, this inviolability of freedoms or rights is something different from the inviolability of their essence. In terms of the theory of law, the suspension of freedoms or rights turns out to be something significantly different from the temporary loss of the binding force of the respective provisions. Their continued validity is reflected, for example, in the application of the principle of proportionality to the suspended freedoms or rights. (shrink)

In their recent article, Koplin, Gyngell and Savulescu (2019) assess the viability of the precautionary principle as a decision-making tool to determine whether and under what circumstances germline gene editing should proceed. While their survey of different forms of the precautionary principle is illuminating, the most novel contribution is a new account of the precautionary principle, what they dub the Sufficientarian Precautionary Principle (SPP). SPP is meant to avoid several problems with existing accounts, while comporting with at least some of (...) the intuitive force behind the general idea of the precautionary principle. However, as it is only one subsection of a larger paper, SPP is not fully worked out. In this brief response, I will flesh out some problems with SPP as a decision-making tool – particularly that there is a lack of adequate normative justification for adopting it. While this does not constitute a decisive refutation of the approach, SPP needs considerable refinement and clarification before it can be considered viable for use in decision-making. (shrink)

In the first Critique, Kant attempts to prove what we can call the "Principle of Intensive Magnitudes," according to which every possible object of experience will possess a determinate "degree" of reality. Curiously, Kant argues for this principle by inferring from a psychological premise about internal sensations (they have intensive magnitudes) to a metaphysical thesis about external objects (they also have intensive magnitudes). Most commentators dismiss the argument as a failure. In this article I give a reconstruction of Kant's argument (...) that attempts to rehabilitate the argument back into his broader transcendental theory of experience. I argue that we can make sense of the argument's central inference by appeal to Kant's theory of empirical intuition and by an analysis of the way in which Kant thinks sensory matter constitutes our most basic representations of objects. (shrink)

Technological developments involving robotics and artificial intelligence devices are being employed evermore in elderly care and the healthcare sector more generally, raising ethical issues and practical questions warranting closer considerations of what we mean by “care” and, subsequently, how to design such software coherently with the chosen definition. This paper starts by critically examining the existing approaches to the ethical design of care robots provided by Aimee van Wynsberghe, who relies on the work on the ethics of care by Joan (...) Tronto. In doing so, it suggests an alternative to their non-principled approach, an alternative suited to tackling some of the issues raised by Tronto and van Wynsberghe, while allowing for the inclusion of two orientative principles. Our proposal centres on the principles of autonomy and vulnerability, whose joint adoption we deem able to constitute an original revision of a bottom-up approach in care ethics. Conclusively, the ethical framework introduced here integrates more traditional approaches in care ethics in view of enhancing the debate regarding the ethical design of care robots under a new lens. (shrink)

Color relationalism holds that the colors are constituted by relations to subjects. The introspective rejoinder against this view claims that it is opposed to our phenomenally-informed, pre-theoretic intuitions. The rejoinder seems to be correct about how colors appear when looking at how participants respond to an item about the metaphysical nature of color but not when looking at an item about the ascription of colors. The present article expands the properties investigated to sound and taste and inspects the mentioned asymmetry, (...) with a particular focus on the principle of charity. Using a metaphysical item, we find that color and sound are no different from shape, our control for a clearly anti-relational property. Taste, on the other hand, is no different from likability, our control for a clearly relational property. Importantly, we find that the disparity between metaphysical and ascription items is due to participants using a principle of charity to interpret disagreement cases such that both parties can be correct. (shrink)

My argument is that Chalmers' zombie fiction and his rigid-designator-argument going back on Kripke comes down to a petitio principii. Rather, at the core it appears to be more related to the essential 'privacy' of the phenomenal internal perspective. In return for Chalmers I argue that the 'principle self-preservation' of living organisms necessarily implies subjectivity and the emergence of sense. The comparison with a robot proves instructive. The mode of 'mere physical' being is transcended if, in the form of phenomenal (...) perception, sense appears on the stage of higher animals – a transition explained here as an emergence phenomenon based on the systemic co-operation of perception, valuation and action ('perc-val-act system'). Some fundamental considerations are added: Those consequences implied by the principle self-preservation reveal the natural-biological origin of the organism – primarily seeming a more insignificant circumstance – as a momentous fundamental difference (end-in-itself-character, subjectivity, constitution of sense) compared to technical artefacts (robot). And the emergentist approach indicates the – maybe paradoxical – possibility of a dualism of physical and psychical phenomena in an overall physical system, that is not dualistic at the same time. (shrink)

When examining the human being as a conscious being, we are still to arrive at an understanding of, firstly, the conditions required whereby physical processes give rise to consciousness and secondly, how consciousness is something fundamental to life as an intrinsic part of nature. Humans are complex organisms with myriad interacting systems whereby the convergence of the activities toward the support and development of the whole organism requires a high level of organisation. Though what accounts for the dynamic unity of (...) the human being? From an empirical perspective the question remains unanswered. The aim of this paper is to conceptually establish a fundamental biophysical organising principle to account for the unity and organisation of the human being. To this end I draw from David Bohm’s interpretation of quantum theory to provide an adapted and adjunct conceptual scheme in the form of a Triple-Aspect-Theory (TAT) of Being as a grounding ontology. David Bohm presented a holistic view of two interwoven orders of existence defined as the Explicate material world and the Implicate (quantum) enfolded world from which the former materialises. Consistent with David Bohm’s idea that matter at a fundamental level consists of a kind of protointelligence, the TAT facilitates a perspective based on aspect conditions of the human organism intended to furnish an explanation of the constitutive mechanism (TAT) inherent in the evolving human being. The TAT operates as an organising principle by which evolution inherently proceeds and maintains itself in an interactive relation between the Implicate and Explicate orders. The accumulated effect of natural selection is to produce adaptations, but without an organising principle: ‘Consciousness’, ‘Body-of-Experience’ and ‘Intellect-Reflective’ (the terms for the engaged coexistent aspects of being) it is argued could not occur. (shrink)

An issue about the privacy of the clustered groups designed by algorithms arises when attempts are made to access certain pieces of information about those groups that would likely be used to harm them. Therefore, limitations must be imposed regarding accessing such information about clustered groups. In the discourse on group privacy, it is argued that the right to privacy of such groups should be recognised to respect group privacy, protecting clustered groups against discrimination. According to this viewpoint, this right (...) places a duty on others, for example, private companies, institutions, and governments, to refrain from accessing such information. To defend the idea that the right to privacy should be recognised for clustered groups, at least two requirements must be satisfied. First, clustered group privacy must be conceived of as either a collective good or a participatory good. Since these forms of good are of the type from which no member of a group can be excluded from benefiting, the right to them is defined as a group right. Second, there must be group interests on which to base a group right. Group interests can be either the interests of those members that are a result of their being in the group or the interests of the group as a whole that transcend the interests of its members. However, this paper argues that clustered group privacy cannot be conceived of as either a collective or a participatory good because it is possible for some individuals to be excluded from benefiting from it. Furthermore, due to the lack of awareness among individuals that they are members of a clustered group and the nature of a clustered group itself, such groups cannot have the group interests necessary to establish a group right. Hence, the group right to privacy cannot be recognised for these groups, implying that the group right cannot be considered a means to protect clustered groups against discrimination. Instead, this paper suggests that moral principles need to be articulated within an ethics of vulnerability to identify the moral obligations of protecting vulnerable clustered groups. The duty owed to the vulnerable should involve refraining from accessing certain information about clustered groups in specific contexts. This duty is not engendered by the right to privacy of such groups; it is the duty owed to the vulnerable. The findings highlight the need to articulate moral principles regarding privacy and data protection to protect clustered groups in contexts in which accessing information about them could constitute a reason for discriminatory targeting. (shrink)