In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, when fully (...) unfolded, refers to more than a mere moral power and should therefore be rejected even by his own standards; (2) Applbaum’s rejection of competing views of legitimacy ultimately relies on a claim that he does not successfully defend, namely, the claim that moral duties are of absolute rather than prima facie force. (shrink)

Some philosophers working on the metaphysics of agency argue that if agency is understood in terms of settling the truth of some matters, then the power required for the exercise of intentional agency is an irreducible two-way power to either make it true that p or not-p. In this paper, the focus is on two-way powers in decision-making. Two problems are raised for theories of decision-making that are ontologically committed to irreducible two-way powers. First, recent accounts lack an (...) adequate framework for explaining decisions by the reasons of agents. Second, accepting ontologically irreducible two-way powers into one’s metaphysic of agency implies an ontological commitment to substance dualism. An ontologically less-costly alternative to irreducible two-way powers is offered. It is argued that a reductive account of two-way powers in terms of what George Molnar called “derivative powers” should be accepted. The reductive account can provide us with the truthmakers for talk about two-way powers. Moreover, the reductive account does not share the liabilities of accepting irreducible two-way powers. (shrink)

Corporate social responsibility (CSR) has become a focal point for research aimed at extending business ethics to extra-corporate issues; and as a result many companies now seek to at least appear dedicated to one or another version of CSR. This has not affected the arms industry, however. For, this industry has not been discussed in CSR literature, perhaps because few CSR scholars have questioned this industry's privileged status as an instrument of national sovereignty. But major changes in the organization of (...) political communities call traditional views of sovereignty into question. With these considerations in mind I assess the U.S. arms industry on the basis of CSR requirements regarding the environment, social equity, profitability, and use of political power. I find that this industry fails to meet any of these four CSR requirements. Countering a claim that these failings should not be held against arms manufacturers because their products are crucial to national defense, I contend that many of these companies function not as dutiful agents of a nation-state but as politically powerful entities in their own right. So, I conclude, they should be held responsible for the foreseeable consequences that flow from use of their products. This responsibility should include civil liability and, in cases involving war crimes and violations of human rights, responsibility under international human rights standards. (shrink)

Pardon powers are common but difficult to justify. A pardon power is, roughly, a power that is (a) possessed by a non-judicial official, (b) used to cancel legal liability to a criminal sanction in a particular case without thereby altering the law, and (c) unconstrained by law. So defined, pardon powers seem to be at odds with two constitutional principles. Contrary to the separation of powers, the pardon power gives to someone other than a judge a (...) decisive role in determining criminal liability in particular cases. Contrary to the rule of law, the pardon power is neither constrained nor ruled by law. -/- Here I provide a novel defence of pardon powers, in three steps. First, even an optimal legal code requires suboptimal results in some cases. In such cases there is a “gap” between what is required by the code we should have and what we should do absent that code. Adhering to the code in every gap case is undesirable: while it would avoid suboptimal results, it would create too much unpredictability. Deviating from the code in every gap case is also undesirable: while it would ensure predictability, it would produce too many suboptimal results. The best strategy is to adhere in some cases and to deviate in others, that is, to selectively deviate. The most important thing about selective deviation is that it leads to like cases being treated differently. This is the second step in the argument. Third, pardon powers are an appropriate vehicle for selective deviation. Selective deviation calls for a power that can be used to set aside the code without changing it. It calls for a power that can be used inconsistently. Moreover, it calls for a power that is not in the hands of a body institutionally disposed towards consistency in decision-making, such as the judiciary. That is, it requires a power with features (a)-(c) – a pardon power. -/- This argument overcomes the various objections to pardon powers. Contrary to the objection from the separation of powers, selective deviation is a task better carried out by non-judicial officials. Contrary to the objection from the rule of law, a power of selective deviation must be unconstrained to preserve the law’s guiding function. Overall, the features of pardon powers that seemed to be in tension with the separation of powers and the rule of law turn out to be favoured by those same principles. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

A -/- abortion and infanticide/ academic freedom/ academics/ action/ act-omission doctrine/ addiction and dependence/ adoption/ advertising/ affirmative action/ age of consent/ age of criminal responsibility/ age of majority/ agent/ aggression/ agriculture/ aid, foreign/ AIDS/ air/ akrasia/ allies/ altruism/ American Civil War (1861-1865)/ American exceptionalism/ American War of Independence (1775–1783)/ anarchic social order/ anarcho-capitalism/ anarchy/ animal rights/ animal welfare/ apartheid/ apathy/ appeasement/ apriorism/ aristocracy/ arms trade/ arms race/ artificial intelligence/ arts and sciences/ assassination/ asset stripping/ asylum seekers/ atomism, social/ Austrian School (...) of economics/ authoritarianism/ authority/ autonomy, intellectual/ axis/ -/- B -/- balance of trade/ balance of power (international)/ banking/ bankruptcy, insolvency, and limited liability/ barriers to entry/ begging/ belief/ betting/ big business/ bigotry/ biodiversity/ bioethics/ black market/ blackmail/ blasphemy/ booms and slumps/ borders, political/ boxing and dangerous sports/ boycott/ bribery/ British Broadcasting Corporation (BBC)/ BSE (Bovine Spongiform Encephalopathy)/ bureaucracy/ business cycles/ . (shrink)

Following the publication of numerous ethical principles and guidelines, the concept of 'Trustworthy AI' has become widely used. However, several AI ethicists argue against using this concept, often backing their arguments with decades of conceptual analyses made by scholars who studied the concept of trust. In this paper, I describe the historical-philosophical roots of their objection and the premise that trust entails a human quality that technologies lack. Then, I review existing criticisms about 'Trustworthy AI' and the consequence of ignoring (...) these criticisms: if the concept of 'Trustworthy AI' is kept being used, we risk attributing responsibilities to agents who cannot be held responsible, and consequently, deteriorate social structures which regard accountability and liability. Nevertheless, despite suggestions to shift the paradigm from 'Trustworthy AI' to 'Reliable AI', I argue that, realistically, this concept will be kept being used. I end by arguing that, ultimately, AI ethics is also about power, social justice, and scholarly activism. Therefore, I propose that community-driven and social justice-oriented ethicists of AI and trust scholars further focus on (a) democratic aspects of trust formation; and (b) draw attention to critical social aspects highlighted by phenomena of distrust. This way, it will be possible to further reveal shifts in power relations, challenge unfair status quos, and suggest meaningful ways to keep the interests of citizens. (shrink)

Inanimate explanation is to be analysed in terms of substances having powers and liabilities to exercise their powers under certain conditions; while personal explanation is to be analysed in terms of persons, their beliefs, powers, and purposes. A crucial criterion for an explanation being probably true is that it is (among explanations leading us to expect the data) the simplest one. Simplicity is a matter of few substances, few kinds of substances, few properties (including powers and liabilities), few kinds of (...) properties, and mathematically simple relations between properties. Explanation of the existence of the universe by the agency of God provides the simplest kind of personal explanation there can be, and one simpler than any inanimate explanation. I defend this view more thoroughly than previously in light of recent challenges. (shrink)

This paper challenges the common assumption that some phenotypic traits are quantitative while others are qualitative. The distinction between these two kinds of traits is widely influential in biological and biomedical research as well as in scientific education and communication. This is probably due to both historical and epistemological reasons. However, the quantitative/qualitative distinction involves a variety of simplifications on the genetic causes of phenotypic variability and on the development of complex traits. Here, I examine three cases from the life (...) sciences that show inconsistencies in the distinction: Mendelian traits, Mendelian diseases, and polygenic mental disorders. I show that these traits can be framed both quantitatively and qualitatively depending, for instance, on the methods through which they are investigated and on specific epistemic purposes. This suggests that the received view of quantitative and qualitative traits has a limited heuristic power—limited to some local contexts or to the specific methodologies adopted. Throughout the paper, I provide directions for framing phenotypes beyond the quantitative/qualitative distinction. I conclude by pointing at the necessity of developing a principled characterisation of what phenotypic traits, in general, are. (shrink)

Over recent decades, several global tech giants have gained enormous power while at the same time generating various disputes with their end-users, local governments, and regulators. We propose that the Jewish concept of covenant can help the above parties, legal scholars, and wider society, in addressing this complex legal reality. We present the challenge of disequilibrium between the above four parties against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; options for reasonable (...) customer exit; limitations on the platform’s ability to exercise unilateral termination; profile-based discrimination; and liability for mere intermediation. We introduce the biblical concept of covenant, and we review its unfolding in Jewish tradition. Further, we conceptualize three main covenantal principles: (1) responsibility—God and humans are both conceived as moral agents; (2) reciprocity—God as a caring law giver, open to human appeals; and (3) reasonability—divine instruction as initially intelligible. We demonstrate how the latter principle of explainability is exercised in the biblical law narratives and how the story of Balaam stresses the significance of moral agency that cannot hide behind “mere intermediary” claims. In light of this analysis, we revisit the relationship between tech giants and tech users to demonstrate how covenantality offers novel ways to conceptualize the noted conflicts between the parties. (shrink)

This paper is aimed at analyzing the effects of banking relationship on performance of Vietnamese firms in Food and Beverage (F&B), one of the highest potential sectors. Panel data of 170 observations covers 34 F&B firms listed in the Vietnam stock exchanges in the period 2014-2018. The fixed effect model (FEM) is applied. The key findings are: First, short-term loan financing, leverage, and fixed asset ratios all negatively impacted on F&B firm performance, while firm size and net profit margin had (...) positive impacts. These findings were consistent with previous studies. Second, the opposite results with previous studies were: (i) negative corelation of ROE and number of banks firms working with, as F&B firms were inefficient in selecting bank partners; (ii) positive relation of short-term liabilities ratio and ROA/ROE, as F&B firms utilize other non-bank liabilities shortly; (iii) foreign ownership had negative relationship with ROA& ROE. Foreign investors did not have significant roles in most F&B firms. Third, long-term borrowing from banks, state ownership and ages all insignificantly correlated with firm performance. Recommendations to F&B firms include: (1) Reduce the short- term loans and fixed assets investment, while increase the cheap equity funding sources via shareholders (2) Be selective in working with banks to have better fees and interest saved with banks. (3) Utilize other short-term liabilities, including payables and advances – the low-cost funding sources. F&B firms have good bargaining powers in requesting advances from their clients. (4) Have smart buy-in strategies on foreign ownership. (shrink)

In the real world there are people who enter the homes and steal everything they find valuable. In the virtual world there are individuals who penetrate computer systems and "steal" all your valuable data. Just as in the real world, there are uninvited guests and people feel happy when they steal or destroy someone else's property, the computer world could not be deprived of this unfortunate phenomenon. It is truly detestable the perfidy of these attacks. For if it can be (...) observed immediately the apparent lack of box jewelry, penetration of an accounting server can be detected after a few months when all clients have given up the company services because of the stolen data came to competition and have helped it to make best deals. Cybercrime is a phenomenon of our time, often reflected in the media. Forensic investigation of computer systems has a number of features that differentiate it fundamentally from other types of investigations. The computer itself is the main source of information for the investigator. CONTENTS: Computing systems and storage media - Computing devices - - Peripheral devices - - External drives for media storage - Typology of data stored on specific supports – File systems - - Program that allows working with ” inactive” space - Information that can be obtained from the computing system environment Computer networks - Copper wire in computer networks - Optical fibers - Wireless LAN - Internet and Intranet Software and services - Client/server architecture - Protocols and Standards - Internet Services - - e-Mail - - - Spam - - HTTP - - Web address - URL - - Web browsers - - - Browser cookies - - Working with web pages - - - Choosing your favorite web pages - - - Keeping track of visited web pages - - - Saving web pages - - Proxy servers - - Privacy on the Internet - FTP - Instant Messaging - Peer-to-peer networks Vulnerabilities - The first attacks on the Internet - Cybercrime - - Typologies of cyber attackers - - - Classification of cyber attackers according to their skills and objectives - Classification of risks and incidents in cyberworld - - Classification as a list of terms - - List of categories - - Categories of results - - Empirical lists - Events, attacks and incidents - Online security events, actions, and targets - - Actions - - Targets - Attacks - - Tools - - Vulnerabilities - - Unauthorized results Cybercrime laws - The concept of "cybercrime" Investigations - Computer forensic investigations - Digital evidence - Digital sampling during investigations - The suspect - Witnesses in cybercrime - Transporting of samples in laboratory - Analysis of samples - Preparing team members - Computer tools Convention on Cybercrime - Preamble - Chapter I – Use of terms - Chapter II – Measures to be taken at the national level - - Section 1 – Substantive criminal law - - - Title 1 – Offences against the confidentiality, integrity and availability of computer data and systems - - - Title 2 – Computer-related offences - - - Title 3 – Content-related offences - - - Title 4 – Offences related to infringements of copyright and related rights - - - Title 5 – Ancillary liability and sanctions - - Section 2 – Procedural law - - - Title 1 – Common provisions - - - Title 2 – Expedited preservation of stored computer data - - - Title 3 – Production order - - - Title 4 – Search and seizure of stored computer data - - - Title 5 – Real-time collection of computer data - - Section 3 – Jurisdiction - Chapter III – International co-operation - - Section 1 – General principles - - - Title 1 – General principles relating to international co-operation - - - Title 2 – Principles relating to extradition - - - Title 3 – General principles relating to mutual assistance - - - Title 4 – Procedures pertaining to mutual assistance requests in the absence of applicable international agreements - - Section 2 – Specific provisions - - - Title 1 – Mutual assistance regarding provisional measures - - - Title 2 – Mutual assistance regarding investigative powers - - - Title 3 – 24/7 Network - Chapter IV – Final provisions Recommendation No. R (95) 13 - Appendix to Recommendation No. R (95) 13 - - I. Search and seizure - - II. Technical surveillance - - III. Obligations to co-operate with the investigating authorities - - IV. Electronic evidence - - V. Use of encryption - - VI. Research, statistics and training - - VII. International co-operation Rules for obtaining digital evidence by police officers Standards in the field of digital forensics Principles in digital evidence Procedures model for the forensic examination - Hard disk examination Code of Ethics Sources and references About - Nicolae Sfetcu - - By the same author - - Contact Publishing House - MultiMedia Publishing . (shrink)

The purpose of this symposium is to shed light on the genealogy of the idea of a business corporation, an economic institution which has long been regarded with a mixture of awe and apprehension. Each of the four original contributions addresses the history of some of its key features. In the process, each contributor reveals some of the insights that history has to teach us regarding the central concepts that inform contemporary debates about the nature of the corporation, the contours (...) of the corporation's purpose, the sources of corporate power, the functions of corporate law, the duties of directors, the status of shareholders, and the legitimacy of corporate rights. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put it: "...we (...) propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

In this article, we address the relevance of J.S. Mill’s political philosophy for a framework of public health ethics. In contrast to some readings of Mill, we reject the view that in the formulation of public policies liberties of all kinds enjoy an equal presumption in their favor. We argue that Mill also rejects this view and discuss the distinction that Mill makes between three kinds of liberty interests: interests that are immune from state interference; interests that enjoy a presumption (...) in favor of liberty; and interests that enjoy no such presumption. We argue that what is of focal importance for Mill in protecting liberty is captured by the essential role that the value of self-determination plays in human well-being. Finally, we make the case for the plausibility of a more complex and nuanced Millian framework for public health ethics that would modify how the balancing of some liberty and public health interests should proceed by taking the thumb off the liberty end of the scale. Mill’s arguments and the legacy of liberalism support certain forms of state interference with marketplace liberties for the sake of public health objectives without any presumption in favor of liberty. (shrink)

Starting from the special theory of relativity it is argued that the structure of an experience is extended over time, making experience dynamic rather than static. The paper describes and explains what is meant by phenomenal parts and outlines opposing positions on the experience of time. Time according to he special theory of relativity is defined and the possibility of static experience shown to be implausible, leading to the conclusion that experience is dynamic. Some implications of this for the relationship (...) of phenomenology to the physical world are considered. (shrink)

Riemer’s recent paper on the perception of time discusses a neglected yet important topic in the psychological literature: the consequences for psychology (and psychophysics) from the ‘anisotropy’ of time. The paper presents an argument that there are unique kinds of challenges for psychophysics from such temporal anisotropy: (a) Challenges because the psychological experience of time has temporal anisotropy and the physical concept of time does not have temporal anisotropy. (b) Challenges for experimental research which are unique to temporal anisotropy. -/- (...) Although it is important to consider temporal anisotropy, I think there are reasons to deny the force of both kinds of challenges. (shrink)

In this introduction to contemporary conceptions of time and change, I investigate what our experience of time, that is, our experience of change, seems to be and ask whether or not we can say that how it seems could match the reality. My conclusion is that more recent contemporary conceptions of time can do this but that more intuitive or traditional conceptions cannot. Thus, the more contemporary conceptions are preferable for research into time consciousness.

In this paper, we argue that Plotinus denies deliberative forethought about the physical cosmos to the demiurge on the basis of certain basic and widely shared Platonic and Aristotelian assumptions about the character of divine thought. We then discuss how Plotinus can nonetheless maintain that the cosmos is «providentially» ordered.

New biotechnologies have the potential to both dramatically improve human well-being and dramatically widen inequalities in well-being. This paper addresses a question that lies squarely on the fault line of these two claims: When as a matter of justice are societies obligated to include a new biotechnology in a national healthcare system? This question is approached from the standpoint of a twin aim theory of justice, in which social structures, including nation-states, have double-barreled theoretical objectives with regard to human well-being. (...) The first aim is to achieve a sufficient level of well-being in each of six core dimensions. In the special case of healthcare systems, this aim is focally but not exclusively attentive to achieving health sufficiency as one of the core dimensions. The second aim is to combat the emergence and persistence of densely woven patterns of systematic disadvantage that tend to undermine the achievement of a sufficient level of health and the other core elements of well-being of some persons and groups. Judgments about entitlements to health related resources, including new biotechnologies, are made in light of a threshold notion of health sufficiency. What is enough or sufficient health? The answer that is defended here is that sufficient health is enough health for a decent human life, understood as enough health to live a full life course without preventable, significant functional disability or decrement in health, or treatable pain or suffering. When a state must include a new biotechnology in its national healthcare system is also influenced by ancillary concerns about the connection between health and other core dimensions of well-being. What counts as a significant functional impairment or health decrement is thus explicated, in part, in relation to the theory’s sufficiency aim for the other essential dimensions of well-being, and thus for a decent life, overall. Those elements of health that play a critical role in the experience of sufficient reasoning, affiliation, security, respect and self determination are especially important; any loss of health function or capacity that threatens the individual’s prospects for sufficiency in these other dimensions, including the relational egalitiarian concerns they entail, constitutes a significant functional impairment. Within national borders, individuals are thus entitled to those health-related goods and services that are essential for a sufficiency of each of the dimensions of well-being; with regard to self determination and respect, what is sufficient by way of guaranteed access to specific goods and services is going to depend on the implications of such access for where an individual stands in relation to her co-nationals. The content of any entitlement to health-related goods and services is also necessarily dynamic. What can be done for health and the other core dimensions of well-being as a function of technological innovation and diffusion is in constant flux. The paper concludes by considering the implications of this analysis for the conditions under which states are obligated to include access in their healthcare systems to one biotechnology, deep brain stimulation. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...) address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)

Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, (...) however, is that many unjust combatants contribute very little to the war in which they participate—often no more than the typical civilian. Thus either the typical civilian is morally liable to be killed, or many unjust combatants are not morally liable to be killed. That is, the liability based account seems to force us to choose between a version of pacifism, and total war. Seth Lazar has called this “The Responsibility Dilemma”. But I will argue that we can salvage a liability-based account of war—one which rejects MEC—by grounding the moral liability of unjust combatants not only in their individual contributions but also in their complicit participation in that war. On this view, all enlistees, regardless of the degree to which they contribute to an unjust war, are complicitously liable to be killed if it is necessary to avert an unjust threat posed by their side. This collectivized liability based account I develop avoids the Responsibility Dilemma unlike individualized liability-based accounts of the sort developed by McMahan. (shrink)

McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about (...) rights forfeiture, is unsupported by independent argument, and, in any case, extremely implausible and counter-intuitive; and third, that his interpretation of the insulin case confuses the normative relations between an agent’s justification and non-liability on the one hand and permissible or impermissible interference with the agent’s act on the other. Similar confusions, fourth, affect his discussion of liability to compensation. (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal (...) liability for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and (...) act on what is morally required of them. The chapter argues that minimally responsible threateners can indeed be morally liable for the harms they impose. Put differently, culpability is not a necessary basis for liability. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

The phenomenal powers view claims that phenomenal properties metaphysically necessitate their effects in virtue of how they feel, and thereby constitute non-Humean causal powers. For example, pain necessitates that subjects who experience it try to avoid it in virtue of feeling bad. I argue for this view based on the inconceivability of certain phenomenal properties necessitating different effects than their actual ones, their ability to predict their effects without induction, and their ability to explain their effects without appeal to laws (...) or regularities. I also offer a harmony argument according to which the view offers the best explanation for otherwise seemingly fortunate psychophysical regularities. I then outline the view’s main implications for the metaphysics of causation and philosophy of mind. (shrink)

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

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

Joanna Mary Firth and Jonathan Quong argue that both an instrumental account of liability to defensive harm, according to which an aggressor can only be liable to defensive harms that are necessary to avert the threat he poses, and a purely noninstrumental account which completely jettisons the necessity condition, lead to very counterintuitive implications. To remedy this situation, they offer a “pluralist” account and base it on a distinction between “agency rights” and a “humanitarian right.” I argue, first, that (...) this distinction is spurious; second, that the conclusions they draw from this distinction do not cohere with its premises; third, that even if one granted the distinction, Firth’s and Quong’s implicit premise that you can forfeit your agency rights but not your “humanitarian right” is unwarranted; fourth, that their attempt to mitigate the counterintuitive implications of their own account in the Rape case relies on mistaken ad-hoc assumptions; fifth, that even if they were successful in somewhat mitigating said counterintuitive implications, they would still not be able to entirely avoid them; and sixth, that even in the unlikely case that none of these previous five critical points are correct, Firth and Quong still fail to establish that aggressors can be liable to unnecessary defensive harm since they fail to establish that unnecessary harm can ever be defensive in the first place. (shrink)

“Strong AI” is the view that it is possible for an artificial agent to be mentally indistinguishable from human agents. Because the behavioral dispositions of artificial agents are determined by underlying dispositional systems, Strong AI seems to entail human behavioral dispositions are also determined by dispositional systems. It is, however, highly intuitive that non-dispositional, phenomenal properties, such as being in pain, at least partially determine certain human behavioral dispositions, like the disposition to take a pain killer. Consequently, Strong AI seems (...) to conflict with an intuitive view of phenomenal properties’ role in determining human behavioral dispositions. My goal here is not directly to evaluate this tension, but rather to clarify how dispositionalism in the metaphysics of properties bears on it. While a tempting thought is that dispositionalism fits well with Strong AI’s thoroughly dispositional account of human behavior, I argue that this thought does not hold for dispositionalism in general. In particular, I argue that combining a version of the “powerful qualities view” with certain dispositionalist conceptions of the will leads to a version of the intuitive view of phenomenal properties that is radically incompatible with Strong AI. I argue further that this view also raises a challenge for the weaker claim that an artificial agent could be behaviorally indistinguishable from a human agent. (shrink)

According to a well-known argument against dispositional essentialism, the nature of unmanifested token powers leaves dispositional essentialists with an objectionable commitment to the reality of non-existent entities. The idea is that, because unmanifested token powers are directed at their non-existent token manifestations, they require the reality of those manifestations. Arguably the most promising response to this argument works by claiming that, if properties are universals, dispositional directedness need only entail the reality of actually existing manifestation types. I argue that this (...) response fails, because no version of the response can adequately accommodate dispositions of the sort that follow from Coulomb’s law. This result both defeats an important argument that dispositional essentialists ought to be realists about universals and appears to leave dispositional essentialists with a problematic commitment to either non-relational connections or a Meinongian ontology. (shrink)

This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first, defensive harming, and second, substantial unnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of affirming (...) one’s honour. Along the way, I also suggest why I think that internalism about the constraints on defensive harming (the view that the satisfaction of the necessity constraint is a necessity condition of a threatener’s liability) is correct. Most importantly, externalism implies that threateners can be liable to suffer gratuitous harm. I take this to be an unattractive consequence of the view. (shrink)

In The Atrocity Paradigm, Claudia Card suggests we forgiveness as a potentially valuable exercise of a victim's moral powers. Yet Card never makes explicit just what 'moral powers' are, or how to understand their grounding or scope. I draw out unacknowledged implications of her framework: namely, that others than the primary victim may forgive, and -- conversely -- that some victims may find themselves morally dis-empowered. Furthermore, talk of "moral powers" allows us to appropriately acknowledge the value of refusals to (...) forgive and the issue of "forgivable" evils, in ways that talk of forgiveness as a duty or virtue cannot. (shrink)

According to cultural evolutionary theory in the tradition of Boyd and Richerson, cultural evolution is driven by individuals' learning biases, natural selection, and random forces. Learning biases lead people to preferentially acquire cultural variants with certain contents or in certain contexts. Natural selection favors individuals or groups with fitness-promoting variants. Durham (1991) argued that Boyd and Richerson's approach is based on a "radical individualism" that fails to recognize that cultural variants are often "imposed" on people regardless of their individual decisions. (...) Fracchia and Lewontin (2005) raised a similar challenge, suggesting that the success of a variant is often determined by the degree of power backing it. With power, a ruler can impose beliefs or practices on a whole population by diktat, rendering all of the forces represented in cultural evolutionary models irrelevant. It is argued here, based on work by Boehm (1999, 2012), that, from at least the time of the early Middle Paleolithic, human bands were controlled by powerful coalitions of the majority that deliberately guided the development of moral norms to promote the common good. Cultural evolutionary models of the evolution of morality have been based on false premises. However, Durham (1991) and Fracchia and Lewontin's (2005) challenge does not undermine cultural evolutionary modeling in nonmoral domains. (shrink)

India dropped its target of 500 GW of renewable energy capacity fossil fuel sources by 2030. Its responsibilities the United Nations Framework Convention Climate Change [UNFCCC],and reducing radiations by one billion tonnes by the end of the decade at the COP26 conference, held in Glasgow in November 2022. Researchers are continually searching for inexhaustible and reasonable energy sources. Solar energy is one of the greenest sources of energy and is also one of the cleanest. The most important factor in using (...) solar energy is the location of the solar power plant. The main objective of this study is to find the best location for a new solar power plant in a specific region called Bundelkhand region of Uttar Pradesh in India. Here we offer an extension of ELECTRE III method as two-phase Pythagorean neutrosophic elimination and choice translating reality PN-ELECTRE-III) method to adapt with fuzzy, ambiguous, unsure, and indeterminate criteria. The Pythagorean neutrosophic numbers [PNNs] used by the group decision support system of PN-ELECTRE III to measure performance of the alternatives. The options are entirely outclassed in the subsequent stage in view of the past stage's evaluations of them. By defining PNN we describe the technique of indifference threshold functions, preference treshold and veto threshold functions, which provide a more stable basis to drop outranking relations. By calculating the concordance credibility, discordance credibility and net credibility degrees of each alternative, the ranking module of the PN-ELECTRE III approach is made simpler. In order to confirm the applicability of the strategy suggested in this paper, the location selection problem for solar plants is finaly solved. (shrink)

Commonsense reasoning about the physical world, as exemplified by "Iron sinks in water" or "If a ball is dropped it gains speed," will be indispensable in future programs. We argue that to make such predictions (namely, envisioning), programs should use abstract entities (such as the gravitational field), principles (such as the principle of superposition), and laws (such as the conservation of energy) of physics for representation and reasoning. These arguments are in accord with a recent study in physics instruction where (...) expert problem solving is related to the construction of physical representations that contain fictitious, imagined entities such as forces and momenta (Larkin 1983). We give several examples showing the power of physical representations. (shrink)

In this paper I argue that even the most radical metaphysics of powers (such as that adopted by Mumford & Anjum, Cartwright, or Groff) are compatible with eternalism. I first offer a taxonomy of powers ontologies, and attempt to characterise the difference between moderate and radical powers ontologies – the latter are characterised by an emphasis on production and dynamicity. I consider an argument by C. Friebe to the effect that the productive character of powers is inconsistent with Eternalism and (...) find it wanting. I then elucidate the notion of dynamicity that radical powers theorists employ by making apparent their link with an ontology of irreducible processes. Finally, I respond to an argument by Donatella Donati to the effect that eternalism entails a reductive account of change which is inconsistent with process ontologies, and show that the the two are compatible. I conclude that we have no reason to think that radical powers metaphysics (and, a fortiori, every powers ontology) are not compatible with eternalism. (shrink)

An influential view in the ethics of self-defence is that causal responsibility for an unjust threat is a necessary requirement for liability to defensive harm. In this article, I argue against this view by providing intuitive counterexamples and by revealing weaknesses in the arguments offered in its favour. In response, adherents of the causal view have advanced the idea that although causally inefficacious agents are not liable to defensive harm, the fact that they may deserve harm can justify harming (...) them in the course of defending oneself. I argue that this strategy is ad hoc and leads to more problems than it solves. Once we allow normative facts outside our account of liability to affect a person's moral protection against harm, the lieability verdicts cannot tell us whether there is a relevant moral asymmetry between the victim and the target of defence. In conclusion, the causal view is wrong and causal responsibility for an unjust threat is not a necessary requirement for liability to defensive harm. (shrink)

Establishing Dispositionalism as a viable theory of modality requires the successful fulfilment of two tasks: showing that all modal truths can be derived from truths about actual powers, and offering a suitable metaphysics of powers. These two tasks are intertwined: difficulties in one can affect the chances of success in the other. In this paper, I generalise an objection to Dispositionalism by Jessica Leech and argue that the theory in its present form is ill-suited to account for de re truths (...) about merely possible entities. I argue that such difficulty is rooted in a problem in the metaphysics of powers. In particular, I contend that the well-known tension between two key principle of powers ontology, namely Directedness and Independence has received an unsatisfactory solution so far, and that it is this unsatisfactory solution concerning the status of “unmanifested manifestations” that makes it hard for Dispositionalism to account for mere possibilia. I develop a novel account of the status of unmanifested manifestations and an overall metaphysics of powers which allows to better respond to Leech's objection and handle mere possibilia. The central idea of the proposal is that unmanifested manifestations are akin to mere logical existents, and are best characterised as non-essentially non-located entities. (shrink)

Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century. Here I consider three major approaches and find them all wanting. I propose rejecting their common (but rarely questioned) assumption that what matters is the helper’s mental state toward the perpetrator’s commission of an offense. I suggest (...) considering instead his stance toward the perpetrator’s intention to act: a helper is an accomplice, on this view, if he (a) intends to see to it that the principal form or keep his own plan to commit an offense and (b) does not intend or expect that plan’s frustration. This standard better justifies imposing accomplice liability. It more precisely picks out those helpers culpable for the perpetrator’s very offense. And this parity of guilt is the best—perhaps the only good—basis for imposing the same liability on accomplice and principal, in a system so retribution-driven as to choose to do so at all. (shrink)

The issue of political violence is mostly absent from current debates about power. Many conceptions of power treat violence as wholly distinct from or even antithetical to power, or see it as a mere instrument whose effects are obvious and not in need of political analysis. In this paper, I explore what kind of ontology of power is necessary to properly take account of the various roles that violence can play in creating and maintaining power (...) structures. I pursue this question by contrasting the views of Hannah Arendt and Michel Foucault. For Arendt, power is generated and maintained by communicative practices. She argues that power and violence are ‘opposites’ because violence can only destroy but not create these practices. In contrast, Foucault’s conception explicitly allows violence to play a constitutive role in generating power. I argue that while Arendt is right to insist that power and violence are not identical, it does not follow that violence cannot play any role in constituting power. Guided by Foucault’s approach, I formulate a non-dualist account of the relationship between power and violence that takes seriously the role that bodies, material things, and built infrastructures play in making social relations ‘more durable’ and constituting power. (shrink)

Hume thought that if you believed in powers, you believed in necessary connections in nature. He was then able to argue that there were none such because anything could follow anything else. But Hume wrong-footed his opponents. A power does not necessitate its manifestations: rather, it disposes towards them in a way that is less than necessary but more than purely contingent. -/- In this paper a dispositional theory of causation is offered. Causes dispose towards their effects and often (...) produce them. But a set of causes, even though they may succeed in producing an effect, cannot necessitate it since the effect could have been counteracted by some additional power. This would require a separation of our concepts of causal production and causal necessitation. The most conspicuous cases of causation are those where powers accumulate and pass a requisite threshold for an effect to occur. -/- We develop a model for representing powers as constituent vectors within an n-dimensional quality space, where composition of causes appears as vector addition. Even our resultant vector, however, has to be understood as having dispositional force only. This model throws new light on causal modality and cases of prevention, causation by absence and probabilistic causation. (shrink)

I argue that the best scientific package is anti-Humean in its ontology, but Humean in its laws. This is because potencies and the best system account of laws complement each other surprisingly well. If there are potencies, then the BSA is the most plausible account of the laws of nature. Conversely, if the BSA is the correct theory of laws, then formulating the laws in terms of potencies rather than categorical properties avoids three serious objections: the mismatch objection, the impoverished (...) worlds objection, and the metaphysical 'oomph' objection. I argue that combining anti-Humean properties with Humean laws into a Potency-Best System Account of Laws is a powerful and science-friendly account---something that people on both sides should be able to appreciate. (shrink)

Collaboration is increasingly popular across academia. Collaborative work raises certain ethical questions, however. How will the fruits of collaboration be divided? How will the work for the collaborative project be split? In this paper, we consider the following question in particular. Are there ways in which these divisions systematically disadvantage certain groups? -/- We use evolutionary game theoretic models to address this question. First, we discuss results from O'Connor and Bruner (unpublished). In this paper, we show that underrepresented groups in (...) academia can be disadvantaged in such situations by dint of their small numbers. Second, we present novel results exploring how the hierarchical structure of academia can lead to bargaining disadvantage. We investigate models where one actor has a higher baseline of academic success, less to lose if collaboration goes south, or greater rewards for non-collaborative work. We show that in these situations, the less powerful partner is disadvantaged in bargaining over collaboration. (shrink)

In this paper I consider whether a powers ontology facilitates a reduction of causal relations to intrinsic powers of the causal relata. I first argue that there is a tension in the view that powerful causation is an internal relation in this sense. Powers are ontologically dependent on other powers for their individuation, but in that case—given an Aristotelian conception of properties as immanent universals—powers will not be intrinsic on several extant analyses of ‘intrinsic’, since to possess a given (...) class='Hi'>power P requires the existence of other concrete particulars as bearers of the powers that individuate P. I suggest several ways for Aristotelians to resolve this tension, but all tenable options involve individuative type-level causal relations between powers. While these individuative relations between powers are internal in the sense that the powers are essentially related, this is a different sense of ‘ internal ’ to the one that entails reducibility. The proposed reduction of token-causal relations to powers succeeds only at the cost of irreducible type-level causal relations between the powers themselves. (shrink)

Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but (...) may be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made. (shrink)

Stephen Mumford and Alexander Bird disagree about which properties are powers and, correspondingly, about the extent of the philosophical work to which powers may be put. Unfortunately, there is an important respect in which these authors are talking past each other and so the reason for their disagreement remains obscured. I highlight what has gone wrong in their recent exchange, attempt to clear up the confusion and pinpoint the true source of their disagreement. My hope is to redirect the efforts (...) of these authors and their followers onto more pressing foundational issues in the metaphysics of powers. (shrink)

To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of debtor-creditor power (...) relations—a conclusion that would leave no room for normative theory, among other problems. Rather, we argue that (iii) in a democratic context, a realist approach to politics centred on what Bernard Williams calls ‘The Basic Legitimation Demand’ affords a deliberative approach to the normative evaluation of public debt policy options. (shrink)