Corroborative evidence can have a dual function in argument whereby not only does it have a primary function of providing direct evidence supporting the main conclusion, but it also has a secondary, bolstering function which increases the probative value of some other piece of evidence in the argument. It has been argued (Redmayne, 2000) that this double function gives rise to the fallacy of double counting whereby the probative weight of evidence is overvalued by counting (...) it twice. Walton has proposed several models of corroborative evidence, each of which seems to accept the fallaciousness of double counting thereby seeming to deny the dual function of corroborative evidence. Against this view, I argue that the bolstering effect is legitimate, and can be explained by recourse to inference to the best explanation. (shrink)

This article argues that common intuitions regarding (a) the specialness of ‘use-novel’ data for confirmation and (b) that this specialness implies the ‘no-double-counting rule’, which says that data used in ‘constructing’ (calibrating) a model cannot also play a role in confirming the model’s predictions, are too crude. The intuitions in question are pertinent in all the sciences, but we appeal to a climate science case study to illustrate what is at stake. Our strategy is to analyse the intuitive (...) claims in light of prominent accounts of confirmation of model predictions. We show that on the Bayesian account of confirmation, and also on the standard classical hypothesis-testing account, claims (a) and (b) are not generally true; but for some select cases, it is possible to distinguish data used for calibration from use-novel data, where only the latter confirm. The more specialized classical model-selection methods, on the other hand, uphold a nuanced version of claim (a), but this comes apart from (b), which must be rejected in favour of a more refined account of the relationship between calibration and confirmation. Thus, depending on the framework of confirmation, either the scope or the simplicity of the intuitive position must be revised. (shrink)

The Doctrine of Double Effect [DDE] states roughly that it is harder to justify causing or allowing harm as a means to an end than it is to justify conduct that results in harm as a side effect. This chapter argues that a theory of deontological constraints on harming needs something like the DDE in order to avoid the charge that it reflects a narcissistic obsession with the cleanliness of our own hands. Unfortunately, the DDE is often interpreted as (...) maintaining that we must avoid acting with certain intentions, which, this chapter contends, embodies an equally narcissistic obsession with the purity of our own hearts. The chapter argues that the DDE is better interpreted as a denial of the Machiavellian idea that beneficial ends justify harmful means. On this view, the objective fact that our conduct will secure benefits for some individuals at the expense of other individuals weakens the extent to which those benefits count as reasons to engage in that conduct. The chapter argues that this version of the DDE provides a plausible, non-narcissistic foundation for deontological constraints. (shrink)

Given the wide the range of legally available options for end-of-life care in recent decades: from aggressive, even experimental, treatment to active euthanasia, our ethical analysis struggles to keep pace with technology and law. In this essay I show that the principle of double effect (PDE) remains, and will continue to be, a useful tool for ethical analysis of end-of-life care. According to PDE, an agent may ethically perform an act that s/he foresees will have a significant bad effect (...) (e.g., death) in addition to a good effect (e.g., pain relief) only if s/he does not intend the bad effect, the act is not bad for reasons other than its causing the bad effect, and there is a proportionately serious reason to act. Following a brief explanation of PDE and preliminary considerations in favor of counting death as a bad effect, I analyze several end-of-life options in terms of the principle. I begin with those that enjoy significant consensus among proponents of PDE: active euthanasia, “passive euthanasia,” and palliative care. Then I consider the less-straightforward cases of drug provision, refusing food and water, and terminal sedation, arguing that participation in such actions is justifiable via PDE only under very limited conditions. (shrink)

There are some interesting similarities between Aristotle’s ‘mixed actions’ in Book III of the Nicomachean Ethics and the actions often thought to be justifiable with the Doctrine of Double Effect. Here I analyse these similarities by comparing Aristotle’s examples of mixed actions with standard cases from the literature on double effect such as, amongst others, strategic bombing, the trolley problem, and craniotomy. I find that, despite some common features such as the dilemmatic structure and the inevitability of a (...) bad effect, Aristotle’s mixed actions do not count as cases justifiable through application of the Doctrine of Double Effect because they fail to meet the crucial necessary condition of the Doctrine according to which the bad effect can only be a merely foreseen side-effect and not an intended means. (shrink)

Deliberative politics should start from an adequate and differentiated image of our dialogical practices and their normative structures; the ideals that we eventually propose for deliberative politics should be tested against this background. In this article I will argue that equal respect, understood as respect a priori conferred on persons, is not and should not be counted as a constitutive normative ground of public discourse. Furthermore, requiring such respect, even if it might facilitate dialogue, could have negative effects and lead (...) to fallacious paths of thought –as seems to happen on matters of deep disagreement such as the Colorado Fundamentalist/Gay HIV issue I discuss in paragraph 6. I will put forward this argument from the standpoint of argumentation or discourse theory, drawing consequences for dialogical theories of politics. Basing my argument on a pluralistic notion of public discourse – understood as a mixed discourse of persuasion, information-seeking and negotiation – I will argue that respect is a dynamic, situational phenomenon, and that the norm of equal respect for persons is contextually contingent in political deliberation: equal respect should be considered as a potential outcome, a discursive achievement – which I understand as a second order consensus achieved dynamically on a provisional basis – rather than as an universal condition for dialogue. (shrink)

Presuppositions are at the same time a crucial and almost neglected dimension of arguments and fallacies. Arguments involve different types of presuppositions, which can be used for manipulative purposes in distinct ways. However, what are presuppositions? What is their dialectical function? Why and how can they be dangerous? This paper intends to address these questions by developing the pragmatic approaches to presupposition from a dialectical perspective. The use of presuppositions will be analyzed in terms of presumptive conclusions concerning the interlocutor’s (...) acceptance of a proposition, which can be assessed as reasonable or unacceptable. Their dialectical function is described in terms of dark side commitments attributed to a collective "voice" representing what is commonly shared. For this reason, they count as attempts to include the presupposed contents into the hearer’s commitment store, which in some circumstances can reverse the burden of proof. The different manipulative strategies grounded on controversial presuppositions will be examined by showing the distinct roles that the latter play and the relationship between the degrees of presuppositional implicitness and the speaker’s burden of retraction. (shrink)

The paper argues that the two best known formal logical fallacies, namely denying the antecedent (DA) and affirming the consequent (AC) are not just basic and simple errors, which prove human irrationality, but rather informational shortcuts, which may provide a quick and dirty way of extracting useful information from the environment. DA and AC are shown to be degraded versions of Bayes’ theorem, once this is stripped of some of its probabilities. The less the probabilities count, the closer these fallacies (...) become to a reasoning that is not only informationally useful but also logically valid. (shrink)

We argue that concerns about double-counting—using the same evidence both to calibrate or tune climate models and also to confirm or verify that the models are adequate—deserve more careful scrutiny in climate modelling circles. It is widely held that double-counting is bad and that separate data must be used for calibration and confirmation. We show that this is far from obviously true, and that climate scientists may be confusing their targets. Our analysis turns on a Bayesian/relative-likelihood (...) approach to incremental confirmation. According to this approach, double-counting is entirely proper. We go on to discuss plausible difficulties with calibrating climate models, and we distinguish more and less ambitious notions of confirmation. Strong claims of confirmation may not, in many cases, be warranted, but it would be a mistake to regard double-counting as the culprit. 1 Introduction2 Remarks about Models and Adequacy-for-Purpose3 Evidence for Calibration Can Also Yield Comparative Confirmation3.1 Double-counting I3.2 Double-counting II4 Climate Science Examples: Comparative Confirmation in Practice4.1 Confirmation due to better and worse best fits4.2 Confirmation due to more and less plausible forcings values5 Old Evidence6 Doubts about the Relevance of Past Data7 Non-comparative Confirmation and Catch-Alls8 Climate Science Example: Non-comparative Confirmation and Catch-Alls in Practice9 Concluding Remarks. (shrink)

In engineering, as in other scientific fields, researchers seek to confirm their models with real-world data. It is common practice to assess models in terms of the distance between the model outputs and the corresponding experimental observations. An important question that arises is whether the model should then be ‘tuned’, in the sense of estimating the values of free parameters to get a better fit with the data, and furthermore whether the tuned model can be confirmed with the same data (...) used to tune it. This dual use of data is often disparagingly referred to as ‘double-counting’. Here, we analyse these issues, with reference to selected research articles in engineering. Our example studies illustrate more and less controversial practices of model tuning and double-counting, both of which, we argue, can be shown to be legitimate within a Bayesian framework. The question nonetheless remains as to whether the implied scientific assumptions in each case are apt from the engineering point of view. (shrink)

Some argue that procreation is immoral due to its negative environmental impact. Since living an “eco-gluttonous” lifestyle of excessive resource consumption is wrong in virtue of the fact that it increases greenhouse gas emissions and environmental impact, then bringing another human being into existence must also be wrong, for exactly this same reason. I support this position. It has recently been the subject of criticism, however, primarily on the grounds that such a position (1) is guilty of “double-counting” (...) environmental impacts, and (2) that it over-generalizes to condemn other clearly permissible behaviors, such as saving lives, or certain instances of adoption and immigration. Here, I will defend the environmental argument against procreation from these criticisms. I will do this, first, under the assumption that our individual consumption and emissions cause significant harm. I will then address the problem of causal impotence, and argue that, even if our individual contributions to environmental problems ultimately make no difference to the amount of harm that occurs, procreation is still immoral for many, if not most, of those living in the developed world. (shrink)

The Subset View of realization, though it has some attractive advantages, also has several problems. In particular, there are five main problems that have emerged in the literature: Double-Counting, The Part/Whole Problem, The “No Addition of Being” Problem, The Problem of Projectibility, and the Problem of Spurious Kinds. Each is reviewed here, along with solutions (or partial solutions) to them. Taking these problems seriously constrains the form that a Subset view can take, and thus limits the kinds of (...) relations that can fulfill the realization relation on this view. (shrink)

Imagine my surprise at discovering - tucked inside the cover of a first edition Alice in Wonderland – an unknown dialogue written by Lewis Carroll himself! It was scribbled on the back of a napkin, punctuated by Carroll’s tell-tale signature, and seems to have been written hastily. Carroll is known among laypersons as an absurdist, but he’s esteemed among formal thinkers as impressively logical. You can probably then imagine my further surprise at discovering various fallacies and confusions in the dialogue! (...) I counted equivocations over use/mention, identity/predication, measurements, and lexical/material parthood, but I’m sure there are more hiding. -/- If you share my interest in untangling these errors, I’ve copied Carroll’s dialogue below. I’ve found the task best pursued with help, whether students, interns, sisters, tarot readers, etc. As you’ll see, I’ve divided the dialogue into five sections, of varying difficulties. I recommend dividing helpers accordingly, assigning one section per group, then directing each to identify both good and bad reasoning in the section. After some time, groups should pass their discoveries to other groups for scrutiny. For example, if group 1 examined section 1, they’d pass their discoveries to group 2 who then checks group 1’s work against section 1. Proceed until each group has examined each section and – hopefully – you’ll find all the errors. Happy hunting! (shrink)

The history of philosophy can be seen either as a contribution to history or a contribution to philosophy or perhaps as a bit of both. Hutchinson fail on both counts. The book is bad: bad in itself (since it quite definitely ought not to be) and bad as a companion to Principia (since it sets students a bad example of slapdash, lazy and pretentious philosophizing and would tend to put them off reading Moore). As a conscientious reviewer I ploughed through (...) every page and I have to say that I resented every minute of my life that I wasted on the book. Don’t waste any of yours. (shrink)

An externalist view of intention is developed on broadly Wittgensteinian grounds, and applied to show that the classic Thomist doctrine of double effect, though it has good uses in casuistry, has also been overused because of the internalism about intention that has generally been presupposed by its users. We need a good criterion of what counts as the content of our intentional actions; I argue, again on Wittgensteinian grounds, that the best criterion comes not from foresight, nor from foresight (...) plus some degree of probability, nor from any metaphysics of “closeness”, but simply from our ordinary shared understanding of what counts as doing a given action, and what does not. (shrink)

Tim Ingold draws a sharp line between animism and hylomorphism, that is, between his relational ontology and a rival genealogical ontology. He argues that genealogical hylomorphism collapses under a fallacy of circularity, while his relationism does not. Yet Ingold fails to distinguish between vicious or fallacious circles, on the one hand, and virtuous or hermeneutic circles, on the other. I demonstrate that hylomorphism and Ingold’s relational animism are both virtuously circular. Hence, there is no difference between them on this (...) count. A path thus opens for what I call hylomorphic animism. While Ingold’s relational animism leads into obscurity, hylomorphic animism is able to explain the differences in power between material things. (shrink)

In this chapter, I examine Lewis's ideas about ontological innocence, ontological commitment and double-counting, in his discussion of composition as identity in Parts of Classes. I attempt to understand these primarily as epistemic or methodological claims: how far can we get down this route without adopting radical metaphysical theses about composition as identity?

In lieu of an abstract, here is a brief excerpt of the content:Why Gaia?Massimo Pigliucci (bio)The Gaia Hypothesis: Science on a Pagan Planet, Michael Ruse, Chicago: University of Chicago Press, 2013. 272 pages.“The Gaia Hypothesis: Science on a Pagan Planet tells a story that comes out of the 1960s, a story that reflects all of the beliefs and enthusiasms and tensions of that decade.” So begins Michael Ruse’s fascinating, if at times puzzling, exploration of James Lovelock’s famous idea that our (...) planet is, in a serious scientific sense, a living organism with a tendency of taking care of (her)self. But why tell this particular story, especially considering that Gaia hardly makes an appearance in today’s scientific or philosophical publications, and doesn’t even seem quite that popular with the lay public as it used to be? Because, as Ruse tells us near the end of the book, at the onset of chapter seven: “the paradox that set us on our path [is] why the scientific community reacted so negatively to the Gaia hypothesis, whereas the public reaction was so positive.”As it turns out, there is a good answer to that conundrum, one that Ruse himself lays out clearly in the last chapter of the book, and which makes the reader wonder why this should count a paradox at all. But we will get there in due time. First, the basics: the so-called Gaia hypothesis is the brainchild of iconoclastic inventor-turned-independent-scientist James Lovelock, who later got significant help in elaborating (and promoting) his ideas from another iconoclast, biologist Lynn Margulis. By the time you get to the end of Ruse’s engaging book, however, you won’t have gained a particularly good understanding of what the hypothesis actually consists. But that’s not Ruse’s fault, it is Lovelock’s (and Margulis’). At times it sounds like the entirely uncontroversial claim that the Earth’s [End Page 117] biosphere is a somewhat homeostatic system—i.e., a biophysical system that is resistant to major changes, at the least within a certain range (the planet’s atmosphere, after all, did change dramatically early on, increasing its oxygen content as a result of the evolution of photosynthetic organisms—the anaerobic life forms that had up to that point been dominant did not appreciate the novelty). At other times the claim is downright preposterous: the Earth literally is a living organism (according to Lovelock) (Chapter 7),1 a finding that allegedly puts in question the whole Darwinian view of biological evolution (according to Margulis) (Chapter 7), a position that can only be characterized as nonsense on stilts. At yet other moments, Gaia is presented as just a metaphor to help us wrap our minds around the complexities (and homeostatic properties) of the world’s ecosystems (Chapter 8). It is this never-ending oscillation between the trivial and the bizarre that has led the majority of scientists to write off Gaia, to the chagrin of Lovelock, Margulis, and a large number of New Age tree huggers from the 1960s.Indeed, the scientific reaction to Gaia was swift and ranging from the condescending to the unforgiving. Evolutionary biologist John Maynard Smith—never one to mince words—called it “an evil religion” (Chapter 2). Another evolutionary biologist, Stephen Jay Gould (whose own disagreements with Maynard Smith became legendary) said that “Gaia strikes me as a metaphor, not a mechanism” (Chapter 2). Ecologist Robert May, who eventually became president of the Royal Society, called Lovelock “a holy fool” (Chapter 2). The highly respected theoretical biologist W.D. Hamilton said that in order for the hypothesis to work, it would require “treaties between Neptune and Zeus, a Gaian Interpol, conventions about bills of lading for chemical transport by air and water, and so on” (Chapter 7). Finally, Richard Dawkins accused Lovelock of committing the fallacy of “the BBC theorem,” assuming (or wishfully thinking) that the world is a harmonious place, just like in naive BBC nature documentaries (Chapter 2).You get the gist: pretty much from the beginning, and with very few exceptions, the scientific establishment rejected Gaia on the grounds that it is not a scientific hypothesis at all, and that its main tenets actually go against pretty... (shrink)

The following are the characteristics of a genus: 1. Those to which the same figure of predication applies are one in genus. (Met. , Δ, 1016b32-35) 2. Things that are one in genus are all one by analogy while things that are one by analogy are not all one in genus. (Met, Δ, 1016b35-1017a3) 3. A genus includes contraries. (Met., Δ, 1018a25-31) 4. All the intermediates are in the same genus as one another and as the things they stand between. (...) (Met., I, 1057a18-30; 1057b31-34) 5. Not every predicate is a genus of what it is predicated on; for this would equate a genus with one of its own species. (PsA., A, 22, 83b7-10) 6. The opposite of the genus should always be the genus of the opposite. (To., Δ, 4, ^125a27-29) 7. A genus divides the object from other things. (To., Z, 3, 140a^24) 8. None of unity and being is a genus. (Met., B, 998b22-27; Met., K, 1059b31-34; PsA., B, 7, 92b12-14) 9. There is no necessity or even no possibility that things that are the same specifically or generically should be numerically the same. (To., H, I, 152b30-) 10. To be called one due to having one genus is in a way similar to be one due to having the same matter. (Met., Δ, 1016a24-28) 11. The substance of a thing involves its genus, and thereby all the higher genera are predicated of the lower. (To., Z, 5, 143a^20- ) 12. Being falls immediately into genera. (Met., Γ, 1004a4-6) A. Characteristics of relations between genera The characteristics of relations between genera, the relations between genera and species excluded, are as follows: 1. Genus is not an element in the composition of things. (Met., I, 1057b20-22) 2. Things resulting from the same division of the same genus are simultaneous by nature. (Cat., 13, 15a3-4) 3. Processes of proof cannot pass from one genus to another. (PsA., A, 23, 84b14-18) 4. It is not necessary for subordinate genera to have different accounts. (To., I, 15, ^107a19-) E.g. when we say a raven is a bird, we also say it is a certain kind of animal. 5. It is necessary for genera that are not subordinate one to the other to have different accounts. (To., I, 15, ^107a27-30) E.g. whenever we call a thing an engine, we do not call it an animal, nor vice versa. 6. If one of the genera is predicated in what it is, all of them, both higher and lower than this one, if predicated at all of the species, will be predicated of it in what it is; so that what has been given as genus is also predicated in what it is. (To., Δ, 2, ^122a10) 7. The same object cannot occur in two genera of which neither contains the other. (To., Z, 139b32-140a2) 8. Those to which the same figure (σχῆμα) of predication applies, are the same in genus. (Met., Δ, 1016b32-35) 9. Attributes that inhere always in each several things can be divided to two groups: those that are wider in extent but not wider than its genus and those wider than its genus. (PsA., B, 13, 96a24-27) 10. The relation between A and B must be extendable in respect of all the genera of A. Thus, if A is double of B, it must also be in excess, the genus of double, to B. Aristotle accepts, however, that this may be objectable in some cases: while knowledge is called knowledge of an object of knowledge, it cannot be called a state and disposition (which is the genus of knowledge) of an object of knowledge. In fact, it is a state and disposition of the soul. (To., Δ, 4, 124b28-34) B. Characteristics of species The following are the characteristics of species: 1. Things are said to be other in species if they are of the same genus but are not subordinate the one to the other. (Met., Δ, 1018a38-b2; Met., I, 1057b35-37) 2. Contraries are other than one another in species. (Met., Δ, 1018b5-7; Met., I, 1058b26-) 3. It is not sufficient for a difference to be the basis of distinguishing species in a genus because it belongs to the genus in virtue of its nature as, e.g., the difference between men and women belongs to animal in virtue of its nature. It must also be a modification peculiar to the genus (οἰκεῖα πάθη τοῦ γένους) in the strongest sense. (Met., I, 1058a29-37) Thus, contraries which are in the formula (ἐν τῷ λόγῳ) make a difference in species, but those which are in the compound material thing do not make one as e.g. being male and female is a difference in matter. (Met., I, 1058a37-b23) 4. Some things are peculiar to the species as distinct from genus: there are attributes peculiar to each distinct species. (PrA., A, 27, 43b27-29) 5. There is no necessity or even no possibility that things that are the same specifically should be the same numerically. (To., H, I, 155b30-) C. Characteristics of relations between genera and species The following are the characteristics of relations between genera and their species: 1. Although species predicated of individuals seem to be principles rather than the genera, it is hard to say, Aristotle asserts, in what sense species are to be taken as principles. (Met., B, 999a14-21) 2. Things that are one in species are all one in genus, while things that are one in genus are not all one in species. (Met., Δ, 1016b35a1) 3. The relation of a species to its genus is like the relation of primary substance to all others: the species is a subject for the genus (ὑπόκειται γὰρ τὸ εἴδος τῷ γένει) and the genera are predicated of the species but the species are not predicated of them. (Cat., 5, 2b17-22) 4. Of the species themselves- those which are not genera- one is no more a substance than another: a certain horse is no more a substance than another horse. (Cat., 5, 2b22-26) 5. Genera are prior to species since they do not reciprocate as to implication of existence (κατὰ τὴν τοῦ εἶναι ἀκολούθησιν). For example, if there is a fish there is an animal, but if there is an animal there is not necessarily a fish. (Cat., 13, 15a4-7) 6. What belongs both to a species and to its genus, it belongs to the species more properly indeed than to the genus. (PrA., A, 27, 43b29-32) 7. A predicate drawn from the genus is never ascribed to the species in a derived form and as its genus. Thus, e.g. coloured cannot be a genus of ‘white’ when we say ‘white is coloured.’ (To., B, I, ^109b1-5) 8. Genera are predicated of their species synonymously because the species take on both the name and the account of their genera. (To., B, I, ^109b3-6) 9. All the attributes that belong to the species belong to the genus as well but there is no necessity that all the attributes that belong to the genus should belong also to the species. (To., B, 4, 111a20-32) 10. Those things of which the genus is predicated must also of necessity have one of its species predicated of them. (To., B, 4, 111a33-) 11. The higher genus should be predicated of the species in what it is. (To., Δ, 2, ^122a6) 12. The species, or any of the things which are under the species, is not predicated of the genus because the genus is the term with the widest range of all. (To., Z, 6, 144a27f.) 13. The same species cannot be in two genera neither of which contains the other. (To., Z, 6, 144b14f.) 14. None of the species of a genus is prior or posterior to other species but they are thought to be simultaneous by nature. (Cat., 13, 14b38-15a1) 15. Daniel W. Graham points that sometimes Aristotle speaks of species as classes (Cat., 5, 2a14-17) and sometimes as properties or a certain character (ποιόν τι) of substances, which is difficult to be distinguished from the category of quality. (Cat., 3b13-22) D. Characteristics of differentia 1. The last differentia will be the substance, the definition and the form of the thing. (Met., Z, 1038a18-28) 2. If we divide according to accidental qualities, there will be as many differentiae as there are processes of division. (Met., Z, 1038a25-28) 3. The differentia divides the object from any of the things contained in the same genus. (To., Z, 3, 140a24-) 4. A. C. Lloyd argues that Aristotle’s logic of classification contains a vicious circle because: ‘For a genus to be predicated unequivocally and essentially of a species the specific differentiae have to be ‘appropriate’; but in order to know whether a proposed differentia is appropriate we have to know whether the genus is predicable essentially of the species thus defined.’ The predication of differentia on primary substance seems to make difficulties in Aristotle’s system, as Terence Irwin points out. It seems to violate the distinction of strong predication and inherence, a distinction between predication of count-nouns and predication of characterizing adjectives. Irwin says that this violation is only apparent because although the differentia-term is an adjective, its gender agrees with the gender of the understood genus-term and not with that of the subject term. ‘Man is biped’ is indeed ‘Man is a biped animal.’ This shows, Irwin asserts, ‘why Aristotle can still mention that strong predication is nominal and inherence is adjectival.’ Differentiae are not, however, secondary substances, as Aristotle himself insists. A differentia does not say what the thing is, as secondary substances do, but only what it is like or what sort it is. (ποιον: To., 122b12-17; 128a20-29; 139a28-31; 142b25-29) Nonetheless, differentiae are not qualities because they are not inherent. Thus, they cannot be regarded in any of the ten categories. Irwin thinks that this anomaly is unnecessary because Aristotle could give good reasons for taking differentiae to be second substances. E. Characteristics of relations between differentia and genera or species 1. It is not possible for the genus to be predicated of the differentia taken apart from the species. (Met., B, 998b23-25; Met., K, 1059b31-33; To., VI, 6, 144a32-b1) 2. It is not possible for the species of the genus to be predicated of the proper differentiae of the genus. (Met., B, 998b24-26) 3. Where the differentia is present, the genus accompanies it, but where the genus is, the differentia is not always present. (Met., Δ, 1014b12-14) 4. The number of species are equal to the number of differentiae. (Met., Z, 1038a15-18) 5. The differentiae of genera which are different and not subordinate one to the other are themselves different in kind. (Cat., 3, 1b16-20; To., I, 15, ^107b19-) 6. There is nothing to prevent genera subordinate one to the other from having the same differentia. (Cat., 3, 1b20-22) 7. Since the higher genera are predicated of the genera below them, all differentiae of the predicated genus will be differentia of the subject also. (Cat., 3, 1b21-24) 8. The definition of the differentia is predicated of that of which the differentia is said. (Cat., 5, 3a25-28) 9. In giving what a thing is it is more fitting to state the genus than the differentia. For example, anyone who says that man is an animal shows what man is better than who describes him as terrestrial. (To., Δ, 6, ^128a24-27) 10. The differentia always signifies a quality of the genus, but the genus does not do this of the differentia. (To., Δ, 6, 128a27-29; To., Z, 6, 144a20-23) 11. A specific differentia, along with the genus, always makes a species. (To., Z, 6, 143b^1-) 12. A genus is always divided by the differentiae that are co-ordinate with it in a division and the differentiae that are co-ordinate in a division are all true of the genus. (To., Z, 6, 143b^1-) 13. Differentia cannot be predicated of the genus because genus is the term with the wider range. (To., Z, 6, 144a27-) In fact, genus is predicated, not of the differentia, but of the object of which the differentia is predicated. (To., Z, 6, 144a^31-b3) 14. Neither species nor the objects under it can be predicated of the differentia because the differentia is a term with a wider range than the species. (To., Z, 6, 144b4-) 15. The differentia is posterior to genus but prior to the species. (To., Z, 6, 144b^9-) 16. The same differentia cannot be used of two genera neither of which contains the other and if they do not both fall under the same genus. Otherwise, the same species will be in two genera neither of which contains the other, which is impossible. (To., Z, 6, 144b14-) 17. Genus and differentia are prior to and more familiar than the species: ‘For annul the genus and the differentia; and the species too is annulled, so that they are prior to the species. They are also more familiar; for if the species is known, the genus and differentia must of necessity be known as well (for anyone who knows what a man is knows also what animal and terrestrial are), whereas if the genus or the differentia is known it does not follow of necessity that the species is known as well; thus the species is less intelligible.’ (To., Z, 4, 141b15-) F. Characteristics of relations in series of classes 1. Mutually exclusive series. If no term in the series ACD… is predicable of any term in the series BEF…, and if G- a term in the former series- is the genus of A, clearly G will not be the genus of B; since, if it were, the series would not be mutually exclusive. (PsA., A, 15, 79b6-11) 2. Atomic disconnection of series. Of two mutually exclusive series ACD and BEF, if neither A nor B has a genus and A does not inhere in B, this disconnection must be atomic. (PsA., A, 15, 79b6-14) G. Characteristics of relations of individuals 1. No individual in a species is more substance than another individual in another species. (Cat., 5, 2b26-28) An individual man, for instance, is no more a substance than an individual ox. 2. Each attribute is wider than every individual it is predicated on, though several attributes, collectively considered, might not be wider but exactly the substance of a thing. (PsA., B, 13, 96a32-b1) 3. Not distinguishing between class membership and class inclusion? Some commentators like Vlastos and Ackrill (1963, 76) criticized Aristotle because he, they believe, did not distinguish between class membership (between species and particulars) and class inclusion (between genera and their species). Having accepted this point, Daniel W. Graham believes it is ‘question-begging in a curious way.’ Phil Corkum thinks that Aristotle employs mereological notions. (This criticism seems so strange because all the Aristotle’s point in distinguishing species 2 from genera is strictly the distinction of class membership and class inclusion as they call them so. (shrink)

Connecting research and production, art research represents a breaking of the barrier between creation and academia. However, there is also a contradiction contained in this kind of research deriving from its methods, since the process of art-based practice must, by its very nature, involve the subjectivity of the artist. I use my own studies as the research object to discuss this issue, and this article presents the problems I encountered during my artistic practice and research of ambiguous roles. This paper (...) has two main points of focus. First, I explore how the fallacy of self-referentiality is presented in paintings and films, and, second, I draw on my short film practice during my master’s study period to explain how the shots present a continuum in relation to the “absent one” and produce interface effects. However, the second point is not necessarily the result of the first one. This kind of connection and contradiction between practice and cognition in the process of art research is that I will analyse and discuss here. (shrink)

We articulate a holistic understanding of hope, going beyond the common conceptualization of hope in terms of positive affect and cognition by considering what hope means for the underprivileged. In the recognition that hope is always situated in a particular place, we explore the perspective of the privileged and the underprivileged, clarifying how spatial contexts shape their goals for the future and their agency toward attaining these goals. Where some people experience precarity due to their disability, race, gender, sexuality, and (...) social class, others enjoy enhanced agency due to their privilege. In our analysis, this loss of agency does not mean the underprivileged are hopeless; instead, it suggests that hope can incorporate negative affect and cognition. In our view, a spatial understanding acknowledges the power of hope in discouraging situations, and it points to practical measures through which hope can be cultivated by marginalized communities. (shrink)

Many philosophers appeal to the “fallacy of approximation”, or “problem of second best”. However, despite the pervasiveness of such appeals, there has been only a single attempt to provide a systematic account of what the fallacy is. We identify the shortcomings of this account and propose a better one in its place. Our account not only captures all the contexts in which approximation-based reasoning occurs but also systematically explains the several different ways in which it can be in (...) error. (shrink)

In this article I explore two accounts of the Fallacy of Many Questions made famous by the question "Have you stopped beating your wife?" The accounts are from the works of Lennart Aqvist and Noel Belnap, and the two authors differ in their accounts of the fallacy. Then I give my own account based on understanding a facet of erotetic logic, i. e., the logic of questions.

Buddhist Illogic. The 2nd Century CE Indian philosopher Nagarjuna founded the Madhyamika (Middle Way) school of Mahayana Buddhism, which strongly influenced Chinese, Korean and Japanese (Ch’an or Zen) Buddhism, as well as Tibetan Buddhism. Nagarjuna is regarded by many Buddhist writers to this day as a very important philosopher, who they claim definitively proved the futility of ordinary human cognitive means. His writings include a series of arguments purporting to show the illogic of logic, the absurdity of reason. He considers (...) this the way to verbalize and justify the Buddhist doctrine of “emptiness” (Shunyata). These arguments attack some of the basic tenets and techniques of reasoning, such as the laws of thought (identity, non-contradiction and the excluded middle), conceptualization and predication, our common assumptions of self, entities and essences, as well as our beliefs in motion and causation. The present essay demonstrates the many sophistries involved in Nagarjuna’s arguments. He uses double standards, applying or ignoring the laws of thought and other norms as convenient to his goals; he manipulates his readers, by giving seemingly logical form (like the dilemma) to his discourse, while in fact engaged in non-sequiturs or appealing to doubtful premises; he plays with words, relying on unclear terminology, misleading equivocations and unfair fixations of meaning; and he ‘steals concepts’, using them to deny the very percepts on which they are based. Although a critique of the Madhyamika philosophical interpretation and defense of “emptiness”, Buddhist Illogic is not intended to dissuade readers from Buddhism. On the contrary, its aim to enhance personal awareness of actual cognitive processes, and so improve meditation. It is also an excellent primer on phenomenological epistemology. (shrink)

Robert Kimball, in “What’s Wrong with ArgumentumAd Baculum?” (Argumentation, 2006) argues that dialogue-based models of rational argumentation do not satisfactorily account for what is objectionable about more malicious uses of threats encountered in some ad baculum arguments. We review the dialogue-based approach to argumentum ad baculum, and show how it can offer more than Kimball thinks for analyzing such threat arguments and ad baculum fallacies.

Robert Kimball, in “What’s Wrong with Argumentum Ad Baculum?” (Argumentation, 2006) argues that dialogue-based models of rational argumentation do not satisfactorily account for what is objectionable about more malicious uses of threats encountered in some ad baculum arguments. We review the dialogue-based approach to argumentum ad baculum, and show how it can offer more than Kimball thinks for analyzing such threat arguments and ad baculum fallacies.

The heart of Aristotelian Logic is the square of opposition. This study engaged on further [re]investigation and meta-logical analysis of the validity of the square of opposition. Further, in this paper, it has been modestly established, with greater clarity, the exposition of the strengths, more than the presentation of the defects, loopholes and weaknesses, of the Aristotelian Logic in a descriptive and speculative manner. The unconcealment of the breakdown of the square of opposition marked a rupture and the opening of (...) avenues of alternative reasoning. The critical and analytical exposition of the loopholes of the square of opposition led to a realization that things around us could have been and still be different; and there could have been better alternative reasoning than what we have called, adopted, and worshipped [Greek] logic. Results show that the downfall of the oppositional relationships in the square of opposition provided a proof of the logical illusion of Aristotle or the loophole of Traditional Logic. The laws of opposition, that have been considered the measures of logically deductive inferences, are practically almost totally logical deceptions. By implication, if the laws of subcontrariety, contrariety, and subalternation [and may be contradiction] have collapsed, the square of opposition has also collapsed; hence, Aristotle‟s square of opposition is a fallacy. This means that the square of opposition has errors and in itself an error. (shrink)

Objective correlates—behavioral, functional, and neural—provide essential tools for the scientific study of consciousness. But reliance on these correlates should not lead to the ‘fallacy of misplaced objectivity’: the assumption that only objective properties should and can be accounted for objectively through science. Instead, what needs to be explained scientifically is what experience is intrinsically— its subjective properties—not just what we can do with it extrinsically. And it must be explained; otherwise the way experience feels would turn out to be (...) magical rather than physical. We argue that it is possible to account for subjective properties objectively once we move beyond cognitive functions and realize what experience is and how it is structured. Drawing on integrated information theory, we show how an objective science of the subjective can account, in strictly physical terms, for both the essential properties of every experience and the specific properties that make particular experiences feel the way they do. (shrink)

A leading theoretical framework for naturalistic explanation of mind holds that we explain the mind by positing progressively "stupider" capacities ("homunculi") until the mind is "discharged" by means of capacities that are not intelligent at all. The so-called homuncular fallacy involves violating this procedure by positing the same capacities at subpersonal levels. I argue that the homuncular fallacy is not a fallacy, and that modern-day homunculi are idle posits. I propose an alternative view of what naturalism requires (...) that reflects how the cognitive sciences are actually integrating mind and matter. (shrink)

The U.S. Supreme Court's majority opinion in Vacco v. Quill assumes that the principle of double effect explains the permissibility of hastening death in the context of ordinary palliative care and in extraordinary cases in which painkilling drugs have failed to relieve especially intractable suffering and terminal sedation has been adopted as a last resort. The traditional doctrine of double effect, understood as providing a prohibition on instrumental harming as opposed to incidental harming or harming asa side effect, (...) must be distinguished from other ways in which the claim that a result is notintended might be offered as part of ajustification for it. Although double effectmight appropriately be invoked as a constrainton ordinary palliative care, it is not clearthat it can be coherently extended to justifysuch practices as terminal sedation. A betterapproach would reconsider double effect'straditional prohibition on hastening death as ameans to relieve suffering in the context ofacute palliative care. (shrink)

Global poverty, hunger, and lack of access to save water raise problems of how to organize human society so that everyone's needs can be met. Philanthropic proposals, such as Peter Singer's and Peter Unger's, are based on a false analogy to duties of rescue and encourage philanthropic responses, thus closing the discourse to discussion of the causes and remedies of poverty. Radical criticism of capitalist social structures are put off the table, and this is a profound error.

The standard version of the doctrine of double effect, a significant doctrine in applied ethics particularly medical ethics, not only fails to capture some morally significant components of Aquinas’ view, but it does not resort to proper complementary features in order to accommodate the doctrine to our moral intuitions. We attempt to offer a new formulation of the doctrine incorporating the main components of Aquinas’ view and also to extend the view using some complementary features. We will examine the (...) strength of the formulation applying it into some ethically controversial situations, mainly in medical ethics. (shrink)

After the terrorist attacks of September 11, 2001, most legacy airlines filed for bankruptcy protection as a way to cut costs drastically, with the exception of American Airlines. This article applies the Principle of Double-Effect to the act of filing for Chapter 11 bankruptcy protection for reasons of management strategy, in particular, cost-cutting. It argues that the Principle can be a useful tool for discerning the ethicality of the action, and demonstrates the usefulness by proposing three double-effect criteria (...) that, when fulfilled, argues for the ethical justifiability the action in question. (shrink)

There is substantial textual evidence that Kant held the doctrine of double affection: subjects are causally affected both by things in themselves and by appearances. However, Kant commentators have been loath to attribute this view to him, for the doctrine of double affection is widely thought to face insuperable problems. I begin by explaining what I take to be the most serious problem faced by the doctrine of double affection: appearances cannot cause the very experience in virtue (...) of which they have their empirical properties. My solution consists in distinguishing the sense of ‘experience’ in which empirical objects cause experience from the sense of ‘experience’ in which experience determines empirical objects. I call the latter “universal experience”. I develop my conception of universal experience, and then I explain how it solves the problem of double affection. I conclude by addressing several objections. (shrink)

_ Source: _Page Count 25 This is a pre-print. Please cite only the revised published version. This paper presents an original, ambitious, truth-directed transcendental argument for the existence of an ‘external world’. It begins with a double-headed starting-point: Stroud’s own remarks on the necessary conditions of language in general, and Hegel’s critique of the “fear of error.” The paper argues that the sceptical challenge requires a particular critical concept of thought as that which may diverge from reality, and that (...) this concept is possible only through reflection on situations of error, in which how things are thought to be diverges from how things really are with independent items in an objective world. The existence of such a world is therefore a necessary condition of the possibility of scepticism: such scepticism is therefore false. I defend the argument against objections from Stroud’s sceptic and others. Drawing on Heidegger, the paper concludes by indicating that the chain of necessary conditions includes practical engagement with the world. (shrink)

ABSTRACT: This paper discusses the Stoic treatment of fallacies that are based on lexical ambiguities. It provides a detailed analysis of the relevant passages, lays bare textual and interpretative difficulties, explores what the Stoic view on the matter implies for their theory of language, and compares their view with Aristotle’s. In the paper I aim to show that, for the Stoics, fallacies of ambiguity are complexes of propositions and sentences and thus straddle the realms of meaning (which is the domain (...) of logic) and of linguistic expressions (which is the domain of linguistics), but also involve a pragmatic element; that the Stoics believe that the premises of the fallacies, when uttered, have only one meaning and are true, and thus should be conceded; that hence there is no need for a mental process of disambiguation in the listeners; that Aristotle, by contrast, appears to assume that the premises always have all their meanings, and accordingly recommends that the listeners explicitly disambiguate them, which presupposes a process of mental disambiguation. I proffer two readings of the Stoic advice that we ‘be silent’ when confronted with a fallacy of ambiguity in dialectical discourse, and explicate how each leads to an overall consistent interpretation of the textual evidence. Finally, I demonstrate that the method advocated by the Stoics works in all cases of fallacies of lexical ambiguity. (shrink)

The world of physical sciences and mathematics have been dealing with universal phenomena for a long time. Over centuries, many theories and hypotheses have been formed to explain each of the observed and explainable natural events. All though the truth beyond this is still uncertain. With, upcoming experimental and observed results, the theories get changed over time for multiple turns. Also, the complexity of these theories is another significant aspect. All the theories vary from each other in structure, work of (...) action, notion and expression. This suggests about the heterogeneity of universal events. But is it necessary for nature to act according to so many different principles in different occasions? Indeed, this disturbs the notion of simplicity. We try to discuss this perspective in the following article. (shrink)

The ‘doctrine of double effect’ claims that it is in some sense morally less problematic to bring about a negatively evaluated state of affairs as a ‘side effect’ of one’s pursuit of another, morally unobjectionable aim than it is to bring it about in order to achieve that aim. In a first step, this chapter discusses the descriptive difference on which the claim is built. That difference is shown to derive from the attitudinal distinction between intention and ‘acceptance’, a (...) distinction that is in turn claimed to ground in a feature of the decisions that generate the attitudes in question. The resulting analysis is then plugged into two different normative principles that may each be thought to specify the intuitions behind the doctrine of double effect, but which have frequently been conflated. The first concerns the permissibility of bringing about the merely accepted state of affairs, the second its reduced attributability. It is argued that examination of the intuitions behind the two principles supports neither version of the doctrine. Rather, the intuitions are best captured in an attribution principle based on subjective probabilities and a principle of attitude evaluation, neither of which make explicit reference to the attitude of intending. (shrink)

In this paper, I wish to criticize the notion that consensus is an epistemology. While I have never seen it explicitly claimed that “consensus is an epistemology,” I have nonetheless seen it implied in many scholarly (and layperson) articles. This occurs whenever articles cite, “a majority of scholars agree that…” or “most scientists/researchers think…” In our democratic, individualistic society, we put a value on high value votes and the quantification of majority viewpoints, whether it be in political polls (due to (...) living in a democracy), online on websites with ranking or voting systems such as Reddit, YouTube, or Instagram. The danger here is we may defer too much to the consensus view without appropriate justification. I will give several reasons why we should be skeptical of appeals to consensus (including a consensus of experts), which include its non-obvious link to ontology, the fact that consensus changes, and a lack of specificity of who counts as an ``expert,'' the lack of specificity on how to handle consensus (if it does occur), and epistemic undercutting defeaters from evolutionary epistemology. While an appeal to consensus may not tell us much about whether a theory is true, they can give us practical or pragmatic reasons for trusting a position. (shrink)

Abstract: This essay consists of some clarifying remarks on the doctrine of double effect (DDE). After providing a contemporary formulation of the doctrine we put special emphasis on the distinction between those aspects of an action plan that are intended and those that are merely foreseen (the I/F distinction). Making use of this distinction is often made difficult in practice because salient aspects of the action plan exhibit a felt “closeness” to one another that is difficult if not impossible (...) to articulate with the precision we might like. The essay goes on to examine an especially adroit criticism of DDE best articulated by J.J. Thomson. We conclude with a brand new double effect case (new to the philosophical literature anyway) taken from medicine and Roman Catholic pastoral ministry. (shrink)

Many people presume that you can permissibly support the good features of a symbol, person, activity, or work of art while simultaneously denouncing its bad features. This chapter refines and assesses this commonsense (but undertheorized) moral justification for supporting problematic people, projects, and political symbols, and proposes an analogue of the Doctrine of Double Effect called the Doctrine of Double Endorsement (DDN). DDN proposes that when certain conditions are met, it is morally permissible to directly endorse some object (...) in virtue of its positive properties while standing against its negative properties, even though it would be morally impermissible to directly endorse those negative properties themselves. These conditions include separability (the good and bad features must not be inextricably linked), proportionality (the positive value of the good features must be significantly greater than the negative value of the bad features), and constrained choice (there must not be other things that the agent could endorse instead that share the same positive features but are not saddled with the negative ones). The chapter applies these constraints to a number of practical issues, including (among others) voting for morally troubling candidates, supporting Confederate monuments, and consuming sexist art. (shrink)

Scholarly dissatisfaction with Aristotle’s fallacy of accident has traditionally focused on his examples, whose compatibility with the fallacy’s definition has been doubted time and again. Besides a unified account of the fallacy of accident itself, the paper provides a formalized analysis of its several examples in Aristotle’s Sophistici elenchi. The most problematic instances are dealt with by means of an internal reconstruction of their features as conveyed by Aristotle’s text and an extensive survey of their interpretation in (...) the Byzantine and Latin exegetical tradition. Carefully handled a doxographical approach, as opposed to rapid results oriented practices, proves to be most effective in that it supplies both useful albeit ordinarily overlooked insights and a comprehensive framework of reference for further investigations. (shrink)

Absolutist systems of ethics have come in for harsh criticism on a number of fronts. The Principle of Double Effect was formulated by Catholic ethicists to overcome such objections. In this essay, Leslie Allan addresses four of the most prominent problems faced by an absolutist ethic and evaluates the extent to which the Principle of Double Effect is successful in avoiding or mitigating these criticisms.

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)

Under the standard formulation of the Doctrine of Double Effect, an act is permissible only if it is the result of an intention to do good and not the result of an intention to do bad. Many find that this absurdly ties the act’s permissibility to the agent’s character and not to features of the act itself. In light of such criticism, some philosophers have reformulated the doctrine so that it holds that an act is permissible given that it (...) results from an intention to do good by some agent. I argue that this appeal to possible intentions to do good fails. There is no modal or moral reason to privilege intentions to do good over those to do bad, and without privileging them, this version of the Doctrine of Double Effect leads to contradiction. In many scenarios, if a possible intention to do good is considered to be sufficient for permissibility, then in that same scenario a possible intention to do bad should be sufficient for impermissibility. However, one and the same act can have both possible intentions to do good and possible intentions to do bad. Thus, the principle leads to the contradictory ruling that one and the same act is both permissible and impermissible. (shrink)

If people have stringent moral rights, then the doctrine of double effect is false or unimportant, at least when it comes to making acts permissible or wrong. There are strong and weak versions of the doctrine of double effect. The strong version asserts that an act is morally right if and only if the agent does not intentionally infringe a moral norm and the act brings about a desirable result (perhaps the best state of affairs available to the (...) agent or a promotion of the common good). The weak version asserts that, other things being equal, it is deontically worse to intentionally infringe a norm than to foreseeably do so. A person’s intention or mere foresight might still be relevant to his or her blameworthiness or virtue, but this is a separate issue. (shrink)

Seminal work intended to found a new field of integrative Noetic Science is summarized. Until now the philosophy of Biological Mechanism has ruled medicine and psychology. Penrose claims, AA scientific world-view which does not profoundly come to terms with the problem of conscious mind can have no serious pretensions of completeness@. A noetic action principle synonymous with the historic concept of élan vital is introduced as the basis of a Continuous State Conscious Universe (CSCU). The least unit of CSCU superspace (...) defines Awareness as a fundamental physical quantity like charge in electrodynamics. This cosmological context reveals the origin of complexity in self-organized living-systems wherein the physical basis of qualia is formalized. The dynamics of this teleological action principle, mediated by a unitary noetic field pervading all biochemical species, optimizes the state of well-being through homeostasis and provides the fundamental basis for developing a Moral Psychology. (shrink)

There is a fallacy that is often involved in the interpretation of quantum experiments involving a certain type of separation such as the: double-slit experiments, which-way interferometer experiments, polarization analyzer experiments, Stern-Gerlach experiments, and quantum eraser experiments. The fallacy leads not only to flawed textbook accounts of these experiments but to flawed inferences about retrocausality in the context of delayed choice versions of separation experiments.

This essay demonstrates that Beauvoir's La Vieillesse is a phenomenological study of old age indebted to Husserl's phenomenology of the body. Beauvoir's depiction of the doubling in the lived experience of the elderly--a division between outsiders' awareness of the elderly's decline and the elderly's own inner understanding of old age--serves as a specific illustration of Beauvoir's particular method of description and analysis.

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