Originally titled “Is It Murder in Tennessee to Kill a Chimpanzee,” this article argues in some detail that typical legal definitions of “murder” as involving the intentional killing of “a reasonable being” would require classifying the intentional killing of chimpanzees as murder.

Griffiths and Stotz’s Genetics and Philosophy: An Introduction offers a very good overview of scientific and philosophical issues raised by present-day genetics. Examining, in particular, the questions of how a “gene” should be defined and what a gene does from a causal point of view, the authors explore the different domains of the life sciences in which genetics has come to play a decisive role, from Mendelian genetics to molecular genetics, behavioural genetics, and evolution. In this review, I highlight what (...) I consider as the two main theses of the book, namely: genes are better conceived as tools; genes become causes only in a context. I situate these two theses in the wider perspective of developmental systems theory. This leads me to emphasize that Griffiths and Stotz reflect very well an on going process in genetics, which I call the “epigenetization” of genetics, i.e., the growing interest in the complex processes by which gene activation is regulated. I then make a factual objection, which is that Griffiths and Stotz have almost entirely neglected the perspective of ecological developmental biology, and more precisely recent work on developmental symbioses, and I suggest that this omission is unfortunate in so far as an examination of developmental symbioses would have considerably strengthened Griffiths and Stotz’s own conclusions. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories (...) of people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

This book is a PhD dissertation and a very personal book at the same time. It asks the question whether society can and should be a point of orientation ("Bezugspunkt") for the human individual. Please note, that this cannot be a scientific book: If sociology is defined as society observed by society (or by sociologists, who are the agents of society), society observed by a single person (and for the aim of this single person) cannot be scientific. This is also (...) true if the researcher adheres to reason and scientific methodology: observations and understanding created by the human individual for its own private purposes simply are not scientific because they lack universality. "Bezugspunkt Gesellschaft" studies a number of different strains of sociology (and their scientific representatives, e.g. Pierre Bourdieu, Niklas Luhmann, Ralf Dahrendorf, Norbert Elias, Berger/Luckmann) in order to find out what it is that sociology studies? Is sociology the study of a society of human beings? Or is it true that society does not consist of human beings, but, as Luhmann claims, of acts of communication? Or is it true, as Bourdieu claims, that society consists of the instances of freedom abandoned half willingly, half out of habitude, by human individuals like in the case of a coffeehouse waiter who over time has just given up the idea that he could be anything else than a coffeehouse waiter. This book was inspired by a deconstructivist method of analysis in the field of literary theory where researchers state that it is of no interest what the author of a book wanted to say. Instead we should treat the work of literature as if the society of the author's epoch had written it. This theoretical "murder" of the human being in the form of the authors of works of literature in literary theory might have its analogy in sociology: Maybe sociology is also, like literary theory, not about people? However, if sociology is not about people - what can sociology teach us, us people? The book looks at different concepts of society throughout history, starting from the ancient concept that society is community, or that it is a circle of friendships, to more modern and dystopian concepts like that society is some kind of unhuman society. The book ends with the "Balzac machine", representing the incredibly talented and prolific French author Honoré de Balzac as a person who was an expert in the study of society and entirely blind to the phenomenon of society at the same time. The paradox of Balzac manifested itself in the fact that he literally worked himself to death in an attempt to gain society's recognition. (shrink)

Acts of violence and murder have historically proved difficult to accommodate in standard accounts of the formula of universal law (FUL) version of Kant’s Categorical Imperative (CI). In “Murder and Mayhem,” Barbara Herman offers a distinctive account of the status of these acts that is intended to be appropriately didactic in comparison to accounts like the practical contradiction model. I argue that while Herman’s account is a promising one, the distinction she makes between coercive and non-coercive violence and (...) her response to concerns with the classification of the latter as imperfect duties raise significant questions about the status of some duties. I suggest that we look, instead, to Kant’s treatment of suicide in The Metaphysics of Morals for an account of norms of non-violence and, in particular, to the connection between this duty and concerns with inner freedom and moral health. I argue that we can use this account to inform our general understanding of duties prohibiting killing and violence, and that the resulting account is a promising one. (shrink)

Many philosophers, psychologists, and medical practitioners believe that killing is no worse than letting die on the basis of James Rachels's Bare-Difference Argument. I show that his argument is unsound. In particular, a premise of the argument is that his examples are as similar as is consistent with one being a case of killing and the other being a case of letting die. However, the subject who lets die has both the ability to kill and the ability to let die (...) while the subject who kills lacks the ability to let die. Modifying the latter example so that the killer has both abilities yields a pair of cases with morally different acts. The hypothesis that killing is worse than letting die is the best explanation of this difference. (shrink)

In this book chapter I argue that contrary to what is said by Paul Guyer in Kant (Routledge, 2006) Kant's moral philosophy prohibits the bystander from throwing the switch to divert the runaway trolley to a side track with an innocent person on it in order to save more people who are in the path of the trolley in the "Trolley Problem" case made famous by Judith Jarvis Thomson (1976; 1985). Furthermore, Thomson herself (2008) came to agree that it would (...) be wrong to throw the switch, just as it is wrong to push the person off the bridge to stop the trolley (1976; 1985). In changing her mind about this case, Thomson came to agree with Kant as well as with Philippa Foot (1967) who argued in her original paper that a negative duty not to harm one healthy patient outweighed a positive duty to give aid to five other patients by transplanting the healthy person's organs. (shrink)

The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did (...) not advise the jury of any such points before they adjourned to make their decision. All but one concluded that Dr Tabak was guilty as charged, although even the charge was vague and all-encompassing as he was charged with ‘murder between Friday 17 December 2010 and Sunday 19 December 2010’. Defence counsel, very eminent barrister-at-law, appeared to be cowed by the other side and let them walk all over this case procedurally. For example, prosecution counsel handed him 1200 pages of evidence on the first day of the trial, as if to FULFIL disclosure obligations. E was stunned and asked the court for time off. But this was never again discussed. -/- The lower court judge appeared as if he had already decided on the case. When Defence Counsel asked him if he had before him a copy of a certain document, he flippantly say he had it but had left it on his desk in his room. When Defence Counsel, of international renown, was ready to present his opening speech and cross-examination of his client, Dr Vincent Tabak, this lower court judge dismissed the jury to their lunch break knowing that counsel was going to speak. Court had to be adjourned and the members of the jury quickly assembles by the court porters as they were leaving the court, which must have hampered their interest in what counsel’s statement said. A photograph of a dead body by a roadside, allegedly, Miss Yeates, was shown by projector slide a dozen irrelevant times during the trial period, thus embedding that photograph in the jury’s mind. The computer evidence leaves much to be desired and could, some suggested, easily have been concocted by the prosecution team, abusing the law of metadata evidence. Te lady who presented it did not give the court her qualifications and her expertise if any- and much more that beggars belief and loses trust in the British Criminal Justice System, such as it is, following ‘form over substance’. -/- . (shrink)

This paper explores the ontology of the beautiful from the standpoint of competing logics, i.e., ways of speaking the Logos. The first is a theo-logic centered on the analogy of being, which uniquely regards reality as Logos—a structured hierarchy of the real, a ‘Who’ rather than a ‘What’—which provides an ontology of beauty as desirable being, and ultimately, the desirable Being. The correct response to reality is thus holiness, the sacral separateness of God imparted to, and thus borrowed by and (...) reflected through, creatures. The competing logic is what Baudrillard calls the simulacral, in which the real is suspended by its own model; the image exposes the poverty of the real and causes it to disappear altogether, revealing a transaesthetics of banality and indifference, a totalizing counterfeit of the real that is beyond real difference, beyond Logos—and therefore beyond structured hierarchy, beyond beauty and ugliness. The simulated real is thus the world of the spectacle, the world as product of consumer gaze. A way to repudiate the simulation, the murderous image, to uncover the real always and already grounding the image is to return to Logos: to emplace the image in a hierarchically relational context within Logos. The upshot is that, when so emplaced, the gaze of the image tells a different story: the world is not one of consumerist spectacle but of mutual self-gifting. Amidst the barbarism of the dislocated consumer ego, we can conscientiously commune with neighbor and turn away from what Augustine termed "fellowship with the demons.". (shrink)

There has been a shift in belief from God to nature. This shift is educational and based on theories and methodologies revealed by science that contradict the importance of and existence of a God. This shift has transformed society through education to a lack of ethic and moral terpitude.

Professor Dan Markel was an expert criminal lawyer at Florida State University. He was murdered in broad daylight at his home. Here is a part of a hypothesis that no one has yet to dispute or otherwise.

Two attitudes are possible: one, that the world is an absolute jungle and that the exercise of coercive power by rulers is only a manifestation of this; and the other, that it is both necessary and right that there should be this exercise of power, that through it the world is much less of a jungle than it could possibly be without it, so that one should in principle be glad of the existence of such power, and only take exception (...) to its unjust exercise. (shrink)

Though this volume is a bit dated, there are few recent popular books dealing specifically with the psychology of murder and it’s a quick overview available for a few dollars, so still well worth the effort. It makes no attempt to be comprehensive and is somewhat superficial in places, with the reader expected to fill in the blanks from his many other books and the vast literature on violence. For an update see e.g., Buss, The Handbook of Evolutionary Psychology (...) 2nd ed. V1 (2016) p 265, 266, 270–282, 388–389, 545–546, 547, 566 and Buss, Evolutionary Psychology 5th ed. (2015) p 26, 96–97,223, 293-4, 300, 309–312, 410 and Shackelford and Hansen, The Evolution of Violence (2014) He has been among the top evolutionary psychologists for several decades and covers a wide range of behavior in his works, but here he concentrates almost entirely on the psychological mechanisms that cause individual people to murder and their possible evolutionary function in the EEA (Environment of Evolutionary Adaptation—i.e., the plains of Africa during the last million years or so). -/- Buss starts by noting that as with other behaviors, ‘alternative’ explanations such as psychopathology, jealousy, social environment, group pressures, drugs and alcohol etc. do not really explain, since the question still remains as to why these produce homicidal impulses, i.e., they are the proximate causes and not the ultimate evolutionary (genetic) ones. As always, it inevitably boils down to inclusive fitness (kin selection), and so to the struggle for access to mates and resources, which is the ultimate explanation for all behavior in all organisms. Sociological data (and common sense) make it clear that younger poorer males are the most likely to kill. He presents his own and others homicide data from industrialized nations, and tribal cultures, conspecific killing in animals, archeology, FBI data and his own research into normal people's homicidal fantasies. Much archeological evidence continues to accumulate of murders, including that of whole groups, or of groups minus young females, in prehistoric times. -/- After surveying Buss’s comments, I present a very brief summary of intentional psychology (the logical structure of rationality), which is covered extensively in my many other articles and books. -/- Those with a lot of time who want a detailed history of homicidal violence from an evolutionary perspective may consult Steven Pinker’s ‘The Better Angels of Our Nature Why Violence Has Declined’(2012), and my review of it easily available on the net and in two of my recent ebooks. Briefly, Pinker notes that murder has decreased steadily and dramatically by a factor of about 30 since our days as foragers. So, even though guns now make it extremely easy for anyone to kill, homicide is much less common. Pinker thinks this is due to various social mechanisms that bring out our ‘better angels’, but I think it’s due mainly to the temporary abundance of resources from the merciless rape of our planet, coupled with increased police presence, with communication and surveillance and legal systems that make it far more likely to be punished. This becomes clear every time there is even a brief and local absence of the police. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems of thought viewpoint may consult my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in more of my writings on psychology may see Suicidal Utopian Delusions in the 21st Century--Philosophy, Human Nature and the Collapse of Civilization 392p (2017). For all my writings in their most recent versions, please consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 3rd Ed. 686p (2017). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX -/- . (shrink)

Although this piece was inspired by the kinds of legal puzzles discussed by Hart and Honore in Causation in the Law, the puzzle cases presented here are intended to test the reader's intuitions about what constitutes murder. Play along!

This Article argues that just as the act of forcing sex upon a rapist is itself rape, the execution of a murderer is itself murder. Part I clears the way by defeating three simple, but common, arguments that capital punishment is not murder. Part II shows that despite moral theorists' best attempts to show otherwise, executions seem to instantiate all the morally relevant properties of murder. Part III notes a lacuna in the literature on capital punishment: Even (...) if there is a good moral reason to execute murderers, the distinction between capital punishment and murder requires a plausible account of the state's right to execute citizens. We have no such account. (shrink)

In this article I criticize the recommendations of some prominent statisticians about how to estimate and compare probabilities of the repeated sudden infant death and repeated murder. The issue has drawn considerable public attention in connection with several recent court cases in the UK. I try to show that when the three components of the Bayesian inference are carefully analyzed in this context, the advice of the statisticians turns out to be problematic in each of the steps.

この巻は少し古いが、殺人の心理学を特に扱う最近の人気のある本はほとんどなく、数ドルで利用可能な簡単な概要なので、それでも努力する価値があります。それは包括的な試みを行うおらず、読者は彼の他の多くの本と 暴力に関する膨大な文献から空白を埋めることが期待されている場所でやや表面的です。更新については、例えば、バス、進化心理学のハンドブック第2位 v1 (2016) p 265、 266, 270-282, 388-389, 545-546, 547, 566, 進化心理学第5回,(2015年) p 26, 96-97,223, 293-4, 300, 309-312, 410 およびシャックフォードハンセンと進化 200444 暴力.彼は数十年にわたりトップの進化心理学者の一人であり、彼の作品の中で幅広い行動をカバーしていますが、ここでは、個々の人々が殺害を引き起こす心理的メカニズムとEEA(進化適応の環境、すなわち過去10 0万年ほどの間のアフリカの平原)におけるその可能な進化機能にほぼ完全に集中しています。 バスは、他の行動と同様に、精神病理学、嫉妬、社会環境、集団圧力、薬物、アルコールなどの「代替」説明は、なぜこれらの殺人的衝動を生み出すのかという疑問がまだ残っているので、彼らは近位の原因であり、究極の 進化(遺伝的)ものであるわけではないことを知ることによって始まります。いつものように、それは必然的に包括的なフィットネス(親族の選択)に煮詰まるので、すべての生物のすべての行動のための究極の説明である 仲間やリソースへのアクセスのための闘争に。社会学的データ(および常識)は、若い貧しい男性が殺す可能性が最も高いことを明らかにしています。彼は、先進国からの殺人データ、部族文化、動物における特異な殺害、 考古学、FBIデータ、そして通常の人々の殺人ファンタジーに関する彼自身の研究を提示します。多くの考古学的証拠は、先史時代に、グループ全体、または若い女性を差し引いたグループを含む殺人の蓄積を続けていま す。 Bussのコメントを調査した後、私は私の他の多くの記事や本で広く取り上げられている意図的心理学(合理性の論理的構造)の非常に簡単な要約を提示します。 進化的な観点から殺人的暴力の詳細な歴史を望む多くの時間を持つ人は、スティーブン・ピンカーの「なぜ暴力が衰退したのか私たちの自然のより良い天使たち」(2012)に相談し、私のレビューはネットと私の最近の 本の2冊で簡単に入手できます。簡単に言えば、ピンカーは、殺人は飼育者として私たちの時代から約30倍の着実かつ劇的に減少していると指摘しています。だから、銃は今では誰もが殺すことを非常に簡単にしているに もかかわらず、殺人ははるかに一般的ではありません。ピンカーは、これは私たちの「より良い天使」を引き出す様々な社会的メカニズムによるものだと考えていますが、主に私たちの惑星の無慈悲な強姦からの資源の一時 的な豊富さ、警察の存在の増加と相まって、それが罰せられる可能性がはるかに高い通信と監視と法制度によるものだと思います。これは、警察の短い、地元の不在さえあるたびに明らかになります。 現代の2つのシス・エムスの見解から人間の行動のための包括的な最新の枠組みを望む人は、私の著書「ルートヴィヒ・ヴィトゲンシュタインとジョン・サールの第2回(2019)における哲学、心理学、ミンと言語の論 理的構造」を参照することができます。私の著作の多くにご興味がある人は、運命の惑星における「話す猿--哲学、心理学、科学、宗教、政治―記事とレビュー2006-2019 第3回(2019)」と21世紀5日(2019年)の自殺ユートピア妄想st Century 5th ed (2019)などを見ることができます。 バスは、他の行動と同様に、精神病理学、嫉妬、社会環境、集団圧力、薬物、アルコールなどの「代替」説明は、なぜこれらの殺人的衝動を生み出すのかという疑問がまだ残っているので、彼らは近位の原因であり、究極の 進化(遺伝的)ものであるわけではないことを知ることによって始まります。いつものように、それは必然的に包括的なフィットネス(親族の選択)に煮詰まるので、すべての生物のすべての行動のための究極の説明である 仲間やリソースへのアクセスのための闘争に。社会学的データ(および常識)は、若い貧しい男性が殺す可能性が最も高いことを明らかにしています。彼は、先進国からの殺人データ、部族文化、動物における特異な殺害、 考古学、FBIデータ、そして通常の人々の殺人ファンタジーに関する彼自身の研究を提示します。多くの考古学的証拠は、先史時代に、グループ全体、または若い女性を差し引いたグループを含む殺人の蓄積を続けていま す。 p 12で、彼は、資源をめぐる各個人と世界中の戦争は、概念、母親の食べ物を奪い、彼女の体を強調することによって成長し始め、そして彼女のシステムが概念のために頻繁に致命的な結果で反撃するとき、概念から始まる と指摘しています。彼は、自発的中絶の推定値がすべての概念の約30%の範囲にあることを教えておらず、年間8000万人もの人が死亡し、母親が妊娠していることを知らないほど早く、おそらく彼女の生理は少し遅れ ています。これは、私たちが敗北に成功していない自然の優生学の一部です。 文明の全体的な異形成効果は続いており、毎日生まれた約30万人は、世界人口が20万人増加し、地球を破壊するためにこれまで以上に大きな「不適当な」人口を持つ約10万人よりも、平均して肉体的にわずかにフィッ トしていない。 p13では、OJシンプソンが有罪であったことははっきりとは分からないと言いますが、裁判に関係なく、彼の奇妙な行動を含む事件の事実の唯一の合理的な解釈なので、私たちは彼が知っていると言うでしょう。また、 数百万ドルの弁護人が司法を覆すために出席していなかったその後の民事裁判では、彼はすぐに有罪判決を受け、資産の添付につながり、武装強盗の有罪判決と投獄につながった。 彼はp20に関して、過去100年間に世界中で約1億件の既知の殺人事件があり、報告されていないすべての殺人が含まれていれば、おそらく3億件もの殺人があったと指摘している。彼は中国共産党(約100万人では ない)によって約4000万を数えるとは思わない。飢えた6000万人、スターリンの1000万人。 tenまた、ほとんどの犠牲者の犠牲者を救う世界クラスの医療システムにより、アメリカの殺人率は約75%減少することを念頭に置いておく必要があります。私は、メキシコは約20倍の米国とホンジュラスの殺人率を 約5倍持っており、あなたの子孫は確かにアメリカの多様性の致命的な抱擁のために、その方向に移動する私たちのレートを楽しみにすることができると付け加えます。「アディオス・アメリカ」(2015年)のアン・コ ールターは、ヒスパニックが過去数十年間にここで約23,000件の殺人を犯したと指摘しています。今のところ、何も行われず、国境が解散し続け、環境崩壊と倒産に近づくにつれて、ここでの犯罪は経済を解消するに つれて、メキシコのレベルに達するでしょう。2014年だけでも、100人の米国市民が殺害され、130人以上が誘拐され、他の人が失踪し、他の外国人やメキシコ人を加えれば数千人に及ぶ。詳細については、私の「 民主主義による自殺」2 nd ed(2019年)を参照してください。 .

이 책은 조금 일자이지만, 살인의 심리학을 구체적으로 다루는 몇 가지 최근 인기있는 책이 있으며, 그것은 몇 달러에 사용할 수있는 빠른 개요입니다, 그래서 여전히 잘 노력 가치가. 그것은 포괄적 인 시도를하지 않으며, 독자가 그의 많은 다른 책과 폭력에 대한 광대 한 문학에서 공백을 채울 것으로 예상과 함께, 장소에서 다소 피상적이다. 업데이트는 예를 들어, 버스, 진화 심리학 의 핸드북 2nd. V1 (2016) p 265, 266, 270-282, 388-389, 545-546, 547, 566 및 버스, 진화 심리학 5 번째 에드. (2015) p 26, 96-97,223, 293-4, 300, (...) 300, 309-312, 410 및 Shackford2. 그는 수십 년 동안 최고의 진화 심리학자 중 한 명이었으며 그의 작품에서 광범위한 행동을 다루고 있지만, 여기서 그는 거의 전적으로 개인을 살해하게 하는 심리적 메커니즘과 EEA에서 가능한 진화적 기능(진화적 적응 환경, 즉 지난 백만 년 동안 아프리카평원)에 집중하고 있습니다. 버스는 다른 행동과 마찬가지로 정신 병리학, 질투, 사회 환경, 그룹 압력, 약물 및 알코올 등과 같은 '대안'설명이 실제로 설명되지 않는 것으로 시작됩니다. 언제나처럼, 그것은 필연적으로 포괄적 인 피트니스 (친족 선택)로 귀결되며, 모든 유기체의 모든 행동에 대한 궁극적 인 설명인 동료및 자원에 대한 접근을위한 투쟁으로 귀결됩니다. 사회학적 데이터 (그리고 상식)는 젊은 가난한 남성이 죽일 가능성이 가장 높다는 것을 분명히합니다. 그는 선진국과 부족 문화에서 자신의 살인 데이터, 동물, 고고학, FBI 데이터 및 일반 사람들의 살인 환상에 대한 자신의 연구를 제공합니다. 많은 고고학적 증거는 선사 시대에 전체 집단, 또는 젊은 여성을 뺀 집단의 살인을 포함하여 계속 축적되고 있습니다. Buss의 의견을 조사 한 후, 나는 의도적 인 심리학 (합리성의 논리적 구조)에 대한 매우 간략한 요약을 제시하며, 다른 많은 기사와 책에서 광범위하게 다룹니다. 진화적 관점에서 살인 폭력의 상세한 역사를 원하는 많은 시간을 가진 사람들은 스티븐 핑커의 '폭력이 거절된 이유 우리 자연의 더 나은 천사'(2012)와 내 리뷰를, 인터넷과 최근 두 권의 책에서 쉽게 구할 수 있습니다. 간단히 말해서, 핑커는 살인이 포저로 우리 시절부터 약 30 의 요인에 의해 꾸준히 극적으로 감소했다고 지적한다. 그래서, 총은 이제 사람이 죽일 매우 쉽게하지만, 살인은 훨씬 덜 일반적이다. 핑커는 이것이 우리의 '더 나은 천사'를 끌어내는 다양한 사회적 메커니즘 때문이라고 생각하지만, 주로 지구의 무자비한 강간에서 자원이 일시적으로 풍부하고 경찰의 존재가 증가하고 통신 및 감시 및 법적 시스템이 처벌 될 가능성이 훨씬 높기 때문이라고 생각합니다. 이것은 경찰의 짧고 지역 부재도있을 때마다 분명해진다. 현대 의 두 systems보기에서인간의 행동에 대한 포괄적 인 최신 프레임 워크를 원하는 사람들은 내 책을 참조 할 수 있습니다'철학의 논리적 구조, 심리학, 민d와 루드비히 비트겐슈타인과 존 Searle의언어' 2nd ed (2019). 내 글의 더 많은 관심있는 사람들은 '이야기 원숭이를 볼 수 있습니다-철학, 심리학, 과학, 종교와 운명 행성에 정치 - 기사 및 리뷰 2006-2019 3 rd ed (2019) 및 21st 세기 5th ed (2019) 및 기타에서 자살 유토피아 망상. (shrink)

The knowledge of the evident qualities of time, such as its all-encompassing unidirectional relentless change, does not provide answers as to what time is or why it occurs. Those qualities do not identify what it is in the universe that intrinsically has those qualities. Thus, previously it has not been possible to achieve an adequate definition of time that includes the answers to those questions. Now, with the discovery that the continuing-existence of space plays the role of time in the (...) universe, a complete definition of time is possible. (shrink)

A good definition of process tracing should highlight what is distinctive about process tracing as a methodology of causal inference. I look at eight criteria that are used to define process tracing in the methodological literature, and I dismiss all eight criteria as unhelpful (some because they are too restrictive, and others because they are vacuous). In place of these criteria, I propose four alternative criteria, and I draw a distinction between process tracing for the ultimate aim of testing a (...) start--end hypothesis versus process tracing as an ultimate end in itself. Although it is clear enough how the former method works, there is still much methodological work to be done in understanding the latter method as a distinctive method of causal inference, I argue. (shrink)

The concept of agency is of crucial importance in cognitive science and artificial intelligence, and it is often used as an intuitive and rather uncontroversial term, in contrast to more abstract and theoretically heavy-weighted terms like “intentionality”, “rationality” or “mind”. However, most of the available definitions of agency are either too loose or unspecific to allow for a progressive scientific program. They implicitly and unproblematically assume the features that characterize agents, thus obscuring the full potential and challenge of modeling agency. (...) We identify three conditions that a system must meet in order to be considered as a genuine agent: a) a system must define its own individuality, b) it must be the active source of activity in its environment (interactionalasymmetry) and c) it must regulate this activity in relation to certain norms (normativity). We find that even minimal forms of proto-celular systems can already provide a paradigmatic example of genuine agency. By abstracting away some specific details of minimal models of living agency we define the kind of organization that is capable to meet the required conditions for agency (which is not restricted to living organisms). On this basis, we define agency as an autonomous organization that adaptively regulates its coupling with its environment and contributes to sustaining itself as a consequence. We find that spatiality and temporality are the two fundamental domains in which agency spans at different scales. We conclude by giving an outlook to the road that lies ahead in the pursuit to understand, model and synthesis agents. (shrink)

The paper deals with polymodal languages combined with standard semantics defined by means of some conditions on the frames. So, a notion of "polymodal base" arises which provides various enrichments of the classical modal language. One of these enrichments, viz. the base £(R,-R), with modalities over a relation and over its complement, is the paper's main paradigm. The modal definability (in the spirit of van Benthem's correspondence theory) of arbitrary and ~-elementary classes of frames in this base and in some (...) of its extensions, e.g., £(R,-R,R-1 ,_R-1), £(R,-R,=I=) etc., is described, and numerous examples of conditions definable there, as well as undefinable ones, are adduced. (shrink)

Though this volume is a bit dated, there are few recent popular books dealing specifically with the psychology of murder and it’s a quick overview available for a few dollars, so still well worth the effort. It makes no attempt to be comprehensive and is somewhat superficial in places, with the reader expected to fill in the blanks from his many other books and the vast literature on violence. For an update see e.g., Buss, The Handbook of Evolutionary Psychology (...) 2nd ed. V1 (2016) p 265, 266, 270–282, 388–389, 545–546, 547, 566 and Buss, Evolutionary Psychology 5th ed. (2015) p 26, 96–97,223, 293-4, 300, 309–312, 410 and Shackelford and Hansen, The Evolution of Violence (2014). He has been among the top evolutionary psychologists for several decades and covers a wide range of behavior in his works, but here he concentrates almost entirely on the psychological mechanisms that cause individual people to murder and their possible evolutionary function in the EEA (Environment of Evolutionary Adaptation—i.e., the plains of Africa during the last million years or so). -/- Buss starts by noting that as with other behaviors, ‘alternative’ explanations such as psychopathology, jealousy, social environment, group pressures, drugs and alcohol etc. do not really explain, since the question still remains as to why these produce homicidal impulses, i.e., they are the proximate causes and not the ultimate evolutionary (genetic) ones. As always, it inevitably boils down to inclusive fitness (kin selection), and so to the struggle for access to mates and resources, which is the ultimate explanation for all behavior in all organisms. Sociological data (and common sense) make it clear that younger poorer males are the most likely to kill. He presents his own and others homicide data from industrialized nations, and tribal cultures, conspecific killing in animals, archeology, FBI data and his own research into normal people's homicidal fantasies. Much archeological evidence continues to accumulate of murders, including that of whole groups, or of groups minus young females, in prehistoric times. -/- After surveying Buss’s comments, I present a very brief summary of intentional psychology (the logical structure of rationality), which is covered extensively in my many other articles and books. -/- Those with a lot of time who want a detailed history of homicidal violence from an evolutionary perspective may consult Steven Pinker’s ‘The Better Angels of Our Nature Why Violence Has Declined’(2012), and my review of it, easily available on the net and in two of my recent books. Briefly, Pinker notes that murder has decreased steadily and dramatically by a factor of about 30 since our days as foragers. So, even though guns now make it extremely easy for anyone to kill, homicide is much less common. Pinker thinks this is due to various social mechanisms that bring out our ‘better angels’, but I think it’s due mainly to the temporary abundance of resources from the merciless rape of our planet, coupled with increased police presence, with communication and surveillance and legal systems that make it far more likely to be punished. This becomes clear every time there is even a brief and local absence of the police. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019) . (shrink)

Despite numerous and increasing attempts to define what life is, there is no consensus on necessary and sufficient conditions for life. Accordingly, some scholars have questioned the value of definitions of life and encouraged scientists and philosophers alike to discard the project. As an alternative to this pessimistic conclusion, we argue that critically rethinking the nature and uses of definitions can provide new insights into the epistemic roles of definitions of life for different research practices. This paper examines the possible (...) contributions of definitions of life in scientific domains where such definitions are used most (e.g., Synthetic Biology, Origins of Life, Alife, and Astrobiology). Rather than as classificatory tools for demarcation of natural kinds, we highlight the pragmatic utility of what we call operational definitions that serve as theoretical and epistemic tools in scientific practice. In particular, we examine contexts where definitions integrate criteria for life into theoretical models that involve or enable observable operations. We show how these definitions of life play important roles in influencing research agendas and evaluating results, and we argue that to discard the project of defining life is neither sufficiently motivated, nor possible without dismissing important theoretical and practical research. (shrink)

In times of crisis, when current theories are revealed as inadequate to task, and new physics is thought to be required—physics turns to re-evaluate its principles, and to seek new ones. This paper explores the various types, and roles of principles that feature in the problem of quantum gravity as a current crisis in physics. I illustrate the diversity of the principles being appealed to, and show that principles serve in a variety of roles in all stages of the crisis, (...) including in motivating the need for a new theory, and defining what this theory should be like. In particular, I consider: the generalised correspondence principle, UV-completion, background independence, and the holographic principle. I also explore how the current crisis fits with Friedman’s view on the roles of principles in revolutionary theory-change, finding that while many key aspects of this view are not represented in quantum gravity, the view could potentially offer a useful diagnostic, and prescriptive strategy. This paper is intended to be relatively non-technical, and to bring some of the philosophical issues from the search for quantum gravity to a more general philosophical audience interested in the roles of principles in scientific theory-change. (shrink)

Kant’s example of lying to the murderer at the door has been a cherished source of scorn for thinkers with little sympathy for Kant’s philosophy and a source of deep puzzlement for those more favorably inclined. The problem is that Kant seems to say that it’s always wrong to lie – even if necessary to prevent a murderer from reaching his victim – and that if one does lie, one becomes partially responsible for the killing of the victim. If this (...) is correct, then Kant’s account seems not only to require us to respect the murderer more than the victim, but also that we somehow can become responsible for the consequences that ultimately result from someone else’s wrongdoing. After World War II our spontaneous negative reaction to this apparently absurd line of argument is brought out even more starkly by making the murderer at the door a Nazi officer looking for Jews hidden in people’s homes. This paper argues that Kant’s discussion of lying to the murderer at the door has been seriously misinterpreted. The suggested root of the problem is that the Doctrine of Right has been given insufficient attention in Kant interpretation. It is in this work we find many of the arguments needed to understand Kant’s analysis of lying to the murderer in “On a Supposed Right to Lie from Philanthropy”. When we interpret this essay in light of Kant’s discussion in the Doctrine of Right, we can make sense of why lying to the murderer isn’t to wrong the murderer, why we nevertheless become responsible for the consequences of the lie and why choosing to lie to do wrong ‘in the highest degree’. Finally, the Doctrine of Right account of rightful relations makes it possible for us to analyze the example when we make the murderer at the door a Nazi officer. (shrink)

Enactivism and ecological psychology converge on the relevance of the environment in understanding perception and action. On both views, perceiving organisms are not merely passive receivers of environmental stimuli, but rather form a dynamic relationship with their environments in such a way that shapes how they interact with the world. In this paper, I suggest that while enactivism and ecological psychology enjoy a shared specification of the environment as the cognitive domain, on both accounts, the structure of the environment, itself, (...) is unspecified beyond that of contingent relations with the species-typical sensorimotor capacities of perceiving organisms. This lack of specification creates a considerable gap in theory regarding the organization of organisms as coupled with their environments. I argue that this gap can be filled by drawing from resources in developmental systems theory, namely, specifying the environmental state-space as a developmental niche that shapes and is shaped by individual organisms over developmental and, on a population scale, evolutionary time. Defining the environment as an organism’s developmental niche makes it clearer how and why certain contingencies have arisen, in turn, strengthening a joint appeal to both enactivism and ecological psychology as theories asserting complementarity between organisms and their environments. (shrink)

This paper investigates whether different philosophers’ claims about “normativity” are about the same subject or (as recently argued by Derek Parfit) theorists who appear to disagree are really using the term with different meanings, in order to cast disambiguating light on the debates over at least the nature, existence, extension, and analyzability of normativity. While I suggest the term may be multiply ambiguous, I also find reasons for optimism about a common subject-matter for metanormative theory. This is supported partly by (...) sketching a special kind of hybrid view of normative judgment, perspectivism, that occupies a position between cognitivism and noncognitivism, naturalism and nonnaturalism, objectivism and subjectivism, making it more plausible that radically different metanormative theories could be about the same thing. I explore three main fissures: between (i) the “normativity” of language/thought versus that of facts and properties, (ii) abstract versus substantive senses, and (iii) formal versus robust senses. (shrink)

Both the slasher movie and its more recent counterpart the "torture porn" film centralize graphic depictions of violence. This article inspects the nature of these portrayals by examining a motif commonly found in the cinema of homicide, dubbed here the "pure moment of murder": that is, the moment in which two characters’ bodies adjoin onscreen in an instance of graphic violence. By exploring a number of these incidents (and their various modes of representation) in American horror films ranging from (...) Psycho (1960) to Saw VI (2009), the article aims to expound how these images of slaughter demonstrate (albeit in an augmented, hyperbolic manner) a number of long-standing problems surrounding selfhood that continue to fuel philosophical discussion. The article argues that the visual adjoining of victim and killer onscreen echoes the conundrum that in order to attain identity, the individual requires and yet simultaneously repudiates the Other that constitutes unique subjectivity. (shrink)

Accounts of the concepts of function and dysfunction have not adequately explained what factors determine the line between low‐normal function and dysfunction. I call the challenge of doing so the line‐drawing problem. Previous approaches emphasize facts involving the action of natural selection (Wakefield 1992a, 1999a, 1999b) or the statistical distribution of levels of functioning in the current population (Boorse 1977, 1997). I point out limitations of these two approaches and present a solution to the line‐drawing problem that builds on the (...) second one. (shrink)

Without doubt, terrorism is one of the most vehemently debated subjects in current political affairs as well as in academic discourse. Yet, although it constitutes an issue of general socio-political interest, neither in everyday language nor in professional (political, legal, or academic) contexts does there exist a generally accepted definition of terrorism. The question of how it should be defined has been answered countless times, with as much variety as quantity in the answers. In academic discourse, it is difficult to (...) find two scholars who use the term ‘terrorism’ in the same way. -/- While it is impossible to formulate a definition which satisfies everyone, discussing the definition question is indispensable. The necessity to review existing definitions with a view to improving them is especially obvious in legal and political contexts. How terrorism is defined in these contexts has serious consequences, and if we lack clear definitions we run into problems. How can we have laws or take political measures against something we have not clearly defined? Without doubt, there exists a practical necessity for a definition in these fields. It is important to have clear standards for defining terrorism. -/- In my view, the definition should meet three basic criteria: first, it should cover those cases that we concurrently consider to be instances of terrorism (such as the attacks on the World Trade Center in New York and the Pentagon in September 2001 or those on commuting trains in Madrid Atocha in March 2004). That is, ideally, our definition of terrorism remains close to uncontroversial usages of the term. Second, the definition should abstain from morally judging the act in question. Later I will say more about so called “moral” definitions of terrorism. For now, it suffices to say that defining an action and evaluating it are distinct tasks and should remain so. Third, the definition must identify characteristics that are specific to terrorism alone, characteristics which clearly distinguish it from other phenomena. (shrink)

ABSTRACT Rima Basu and I have offered separate accounts of wokeness as an anti-racist ethical concept. Our accounts endorse controversial doctrines in epistemology: doxastic wronging, doxastic voluntarism, and moral encroachment. Many philosophers deny these three views, favoring instead some ordinary standards for epistemic justification. I call this denial the standard view. In this paper, I offer an account of wokeness that is consistent with the standard view. I argue that wokeness is best understood as ‘group epistemic partiality’. The woke person (...) does extra epistemic work before forming a negative belief about a member of an oppressed social group. Just as we do extra epistemic work when forming belief about our friends, so the woke person does for members of oppressed social groups. I first outline the account. I then raise questions about the scope of wokeness and belief formation. After this, I demonstrate that the group partiality view is consistent with the standard view in epistemology. The partiality view, therefore, should appeal to epistemologists who have adopted the standard view because it is consistent with ordinary standards of justification. I conclude that wokeness as a concept in epistemology should not be controversial for those who endorse the standard view. (shrink)

New definitions are proposed for communication and language. Communication is defined as the evolution of physical, biochemical, cellular, community, and technological information exchange. Language is defined as community communication whereby the information exchanged comprises evolving individual and group-constructed knowledge and beliefs, that are enacted, narrated, or otherwise conveyed by evolving rule-governed and meaningful symbol systems, that are grounded, interpreted, and used from within evolving embodied, cognitive, ecological, sociocultural, and technological niches. These definitions place emphasis on the evolutionary aspects of communication (...) and language, and they are here differentiated from four older paradigms that instead focus either on the referential or social aspects of language, or the informational or semantic aspects of communication. In contrast with these paradigms, the definitions proposed here for communication and language are in line with a pluralistic evolutionary worldview, one that necessitates the recognition that a multitude of units, levels, mechanisms and processes are involved in bringing forth communication and language. (shrink)

In international law and just war theory, war is treated as normatively and legally unique. In the context of international law, war’s special status gives rise to a specific set of belligerent rights and duties, as well as a complex set of laws related to, among other things, the status of civilians, prisoners of war, trade and economic relationships, and humanitarian aid. In particular, belligerents are permitted to derogate from certain human rights obligations and to use lethal force in a (...) far more permissive manner than is the case in other kinds of conflicts and in domestic law enforcement operations. Given war’s unique status, the task of defining war requires not just identifying the empirical features that are characteristic of war but explaining and justifying war’s special legal and moral status. In this chapter, I propose a definition of war that captures war’s unique features and can offer insights into when and how some forms of unarmed conflict could count as wars. (shrink)

This paper analyses the relations between philosophy of information (PI), library and information science (LIS) and social epistemology (SE). In the first section, it is argued that there is a natural relation between philosophy and LIS but that SE cannot provide a satisfactory foundation for LIS. SE should rather be seen as sharing with LIS a common ground, represented by the study of information, to be investigated by a new discipline, PI. In the second section, the nature of PI is (...) outlined as the philosophical area that studies the conceptual nature of information, its dynamics and problems. In the third section, LIS is defined as a form of applied PI. The hypothesis supported is that PI should replace SE as the philosophical discipline that can best provide the conceptual foundation for LIS. In the conclusion, it is suggested that the 'identity' crisis undergone by LIS has been the natural outcome of a justified but precocious search for a philosophical counterpart that has emerged only recently: namely, PI. The development of LIS should not rely on some borrowed, pre-packaged theory. As applied PI, LIS can fruitfully contribute to the growth of basic theoretical research in PI itself and thus provide its own foundation. (shrink)

The aim of this paper is to explore the peculiar case of infectious logics, a group of systems obtained generalizing the semantic behavior characteristic of the -fragment of the logics of nonsense, such as the ones due to Bochvar and Halldén, among others. Here, we extend these logics with classical negations, and we furthermore show that some of these extended systems can be properly regarded as logics of formal inconsistency and logics of formal undeterminedness.

It is surprisingly hard to define presentism. Traditional definitions of the view, in terms of tensed existence statements, have turned out not to to be capable of convincingly distinguishing presentism from eternalism. Picking up on a recent proposal by Tallant, I suggest that we need to locate the break between eternalism and presentism on a much more fundamental level. The problem is that presentists have tried to express their view within a framework that is inherently eternalist. I call that framework (...) the Fregean nexus, as it is defined by Frege’s atemporal understanding of predication. In particular, I show that the tense-logical understanding of tense which is treated as common ground in the debate rests on this very same Fregean nexus, and is thus inadequate for a proper definition of presentism. I contrast the Fregean nexus with what I call the original temporal nexus, which is based on an alternative, inherently temporal form of predication. Finally, I propose to define presentism in terms of the original temporal nexus, yielding original presentism. According to original presentism, temporal propositions are distinguished from atemporal ones not by aspects of their content, as they are on views based on the Fregean nexus, but by their form—in particular, by their form of predication. (shrink)

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only (...) about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

Overview of the definition of art and its relationship to definitions of the individual art forms, with an eye to clarifying the issues separating dominant institutionalist and skeptical positions from non-skeptical, non-institutional ones. Section 2 indicates some of the key philosophical issues which intersect in discussions of the definition of art, and singles out some important areas of broad agreement and disagreement. Section 3 critically reviews some influential standard versions of institutionalism, and some more recent variations on them. Section 4 (...) discusses some recent reductionist approaches to definitional questions, which advocate a shift of philosophical focus from the macro- to the micro-level —from art to the individual art forms. Section 5 outlines an alternative, non-institutionalist and non-reductionist approach to definitional questions. (shrink)

The classification of preserved hypothalamic activity in brain death and brainstem death as functional or non-functional has become a subject of debate. While proponents of the neurological criterion claim that these activities lack functional significance (Shemie et al. 2014), Nair-Collins and Joffe (2023) argue for their functional physiological role. However, the interpretation of the term "function" within the medico-legal framework, where death is characterized by the irreversible cessation of all brain functions, remains unclear. -/- My intention here is not to (...) engage in a debate over the validity of different viewpoints regarding the functional significance of preserved activities in the hypothalamus or the heart. Rather, I aim to highlight the critical importance of exploring and defining the concept of function in medicine, which currently lacks clarity. My point is that, whatever our position in the brain death debate, reaching a consensus on this conceptual matter would minimize misunderstandings and establish a robust foundation for further insightful analysis. (shrink)

As the quality movement in health care now enters its fourth decade, the language of quality is ubiquitous. Practitioners, organizations, and government agencies alike vociferously testify their commitments to quality and accept numerous forms of governance aimed at improving quality of care. Remarkably, the powerful phrase ‘‘quality of care’’ is rarely defined in the health care literature. Instead it operates as an accepted and assumed goal worth pursuing. The status of evidence-based medicine, for instance, hinges on its ability to improve (...) quality of care, and efforts are made by both proponents and detractors to unpack the contents and outcomes of evidence-based practice while the contents of ‘‘quality of care’’ are presumed to be understood. Because the goals of medicine are far from obvious, this paper investigates the neglected term, ‘‘quality of care,’’ in an effort to understand what it is that health care practices are so uncritically assumed to be striving for. Finding lack of consensus on the terminology in the quality literature, I propose that the term operates rhetorically by way of persuasive appeal (and lack of descriptive meaning). Unsatisfied that ‘‘quality of care’’ operates as a mere buzzword in morally contentious debates over resource allocation and duties of care, I implore health care communities to go beyond mere commitments to quality and, instead, to focus attention on the difficult task of specifying what counts as quality care within an economically constrained health care system. (shrink)

Language defines human existence. Yet defining language is a fraught project. I use the term "language" to refer to a specific mode of information transfer. First, it is a communicative mode. By communication I mean the information transfer serves a function, that is, an activity that occurs because it has increased the evolutionary fitness of ancestors. Secondly, while all communication is governed by norms, human communication, as opposed to biological communication, is governed by norms that have evolved within the (...) learned traditions of individual cultures. The meaning of an assertion in a culture’s language is the set of commitments to which that culture holds its speakers when they utter that assertion. Syntax has appeared in recent evolution to facilitate and enrich the communicative function, but it is a secondary aspect of language. The defining characteristic of human communication, of "language," -- is its capacity to constitute meaning. (shrink)

I argue that Topics VI does not contain any serious theory about definitions, but only a collection of advices for formulating definitions in a dialectical context, namely, definitions aiming to catch what the opponent means. Topics VI is full of inconsistencies that can be explained away by this approach: the inconsistencies reflect "acceptable opinions about definitions" that distinct groups of interlocutors accept. I also argue that the "topoi" need not be pieces of serious theory Aristotle is commited to. The "topoi" (...) must also be considered as "endoxa", namely, as accepted opinions about how it is legitimate to draw an inference. (shrink)

The notion of the human embryo is not immutable. Various scientific and technological breakthroughs in reproductive biology have compelled us to revisit the definition of the human embryo during the past 2 decades. Somatic cell nuclear transfer, oocyte haploidisation and, more recently, human stem cell-derived embryo models have challenged this scientific term, which has both ethical and legal repercussions. Here, we offer a legal perspective to identify a universally accepted definition of ‘embryo’ which could help to ease and unify the (...) regulation of such entities in different countries. (shrink)

In free speech theory ‘speech’ has to be defined as a special term of art. I argue that much free speech discourse comes with a tacit commitment to a ‘Subtractive Approach’ to defining speech. As an initial default, all communicative acts are assumed to qualify as speech, before exceptions are made to ‘subtract’ those acts that don’t warrant the special legal protections owed to ‘speech’. I examine how different versions of the Subtractive Approach operate, and criticise them in terms (...) of their ability to yield a substantive definition of speech which covers all and only those forms of communicative action that – so our arguments for free speech indicate – really do merit special legal protection. In exploring alternative definitional approaches, I argue that what ultimately compromises definitional adequacy in this arena is a theoretical commitment to the significance of a single unified class of privileged communicative acts. I then propose an approach to free speech theory that eschews this theoretical commitment. (shrink)