It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such a level of certainty in (...) a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. -/- Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. -/- The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down. (shrink)

Academics working on military ethics and serving military personnel rarely have opportunities to talk to each other in ways that can inform and illuminate their respective experiences and approaches to the ethics of war. The workshop from which this paper evolved was a rare opportunity to remedy this problem. Our conversations about First Lieutenant (1LT) Portis’s experiences in combat provided a unique chance to explore questions about the relationship between oversight, accountability, and the idea of moral risk in military operations. (...) In this paper, we outline a particular experience of 1LT Portis’s that formed the basis of our discussions, before elucidating the ethical issues this experience raised. In particular, we see 1LT Portis’s experience as, first, illustrative of the problem of moral risk – when military personnel are placed in situations of moral temptation. The problem of moral risk, we propose, is best understood through the framework of the military’s duty of care. Second, we see his experience as highlighting tensions within the dominant moralized warrior model of the military profession. What we call a toxic warrior identity — a distorted form of the moralized warrior identity — can negatively affect the attitudes of military personnel toward rules, policies, procedures, and accountability mechanisms, particularly in relation to non-combat related roles and duties and when leaders must choose between competing bureaucratic demands. We see 1LT Portis’s experience as illustrative of these tensions, yet his experiences also highlight important concerns about the impact of increasing bureaucratic demands on military functioning. In the conclusion, we address the need to balance concerns about toxic warrior identity with legitimate criticisms of overly demanding bureaucracy and suggest avenues for further research on this issue. (shrink)

Academics working on military ethics and serving military personnel rarely have opportunities to talk to each other in ways that can inform and illuminate their respective experiences and approaches to the ethics of war. The workshop from which this paper evolved was a rare opportunity to remedy this problem. Our conversations about First Lieutenant (1LT) Portis’s experiences in combat provided a unique chance to explore questions about the relationship between oversight, accountability, and the idea of moral risk in military operations. (...) In this paper, we outline a particular experience of 1LT Portis’s that formed the basis of our discussions, before elucidating the ethical issues this experience raised. In particular, we see 1LT Portis’s experience as, first, illustrative of the problem of moral risk – when military personnel are placed in situations of moral temptation. The problem of moral risk, we propose, is best understood through the framework of the military’s duty of care. Second, we see his experience as highlighting tensions within the dominant moralized warrior model of the military profession. What we call a toxic warrior identity — a distorted form of the moralized warrior identity — can negatively affect the attitudes of military personnel toward rules, policies, procedures, and accountability mechanisms, particularly in relation to non-combat related roles and duties and when leaders must choose between competing bureaucratic demands. We see 1LT Portis’s experience as illustrative of these tensions, yet his experiences also highlight important concerns about the impact of increasing bureaucratic demands on military functioning. In the conclusion, we address the need to balance concerns about toxic warrior identity with legitimate criticisms of overly demanding bureaucracy and suggest avenues for further research on this issue. (shrink)

Formaldehyde is one of the potent toxic industrial chemicals that are very commonly used in various industries, labs, and biological museums, etc. The toxicity of formaldehyde is well-known. It causes respiratory distress if inhaled in higher concentration thus, causing lung damage. It is also found to be mutagenic due to its rapid reactivity being a small molecule having electrophilic carbon. The current review focuses on the characteristic properties of formaldehyde, Sources, and uses of formaldehyde. This review further brings about (...) the toxicity of formaldehyde on different organs and organ systems of the body. Its genotoxicity and carcinogenicity are described. And later the various ways of decontaminating the formaldehyde are discussed to neutralize its harmful impacts. From this review, we have concluded that formaldehyde is a highly toxic chemical that needs proper protective measures while handling and should not be directly exposed. There should be proper decontaminating agents for emergencies, where there is the mass production of formaldehyde. (shrink)

The accumulation of potentially toxic elements (PTEs) has raised public awareness due to harmful contamination to both human and marine creatures. This study was designed to determine the concentration of copper (Cu), zinc (Zn), cadmium (Cd), and nickel (Ni) in the intestine, kidney, muscle, gill, and liver tissues of local commercial edible fish, fourfinger threadfin (Eleutheronema tetradactylum), and black pomfret (Parastromateus niger) collected from Morib (M) and Kuala Selangor (KS). Among the studied PTEs, Cu and Zn were essential elements (...) to regulate body metabolism with certain dosages required while Cd and Ni were considered as non-essential elements that posed chronic and carcinogenic risk. The concentration of PTEs in fish tissue samples was analyzed using flame atomic absorption spectrometry (F-AAS). By comparing the concentration of PTEs in fish tissues as a bioindicator, the environmental risk of Morib was more serious than Kuala Selangor because both fish species collected from Morib resulted in a higher PTEs concentration. For an average 62 kg adult with a fish ingestion rate (FIR) of 0.16 kg/person/day in Malaysia, the estimated weekly intake (EWI) of Cd from the consumption of E. tetradactylum (M: 0.0135 mg/kg; KS: 0.0134 mg/kg) and P. niger (M: 0.0140 mg/kg; KS: 0.0132 mg/kg) had exceeded the provisional tolerable weekly intake (Cd: 0.007 mg/kg) established by the Joint FAO/WHO Expert Committee on Food Additives (JECFA) and oral reference dose (ORD) values of Cd (0.001 mg/kg/day) as provided by the United States Environmental Protection Agency (USEPA) regional screening level, thus it posed chronic risks for daily basis consumption. Besides, the value of the carcinogenic risk of Cd (0.7−3 to 0.8−3) and Ni (0.5−3 to 0.6−3) were in between the acceptable range (10−6 to 10−4) of the health index that indicates a relatively low possibility cancer occurrence to the consumers in both Morib and Kuala Selangor. This study recommended FIR to be 0.80 kg/person/day to reduce the possibility of posing chronic and carcinogenic risks while at the same time obtaining the essential nutrients from the fish. (shrink)

Conciliationism holds that disagreement of apparent epistemic peers often substantially undermines rational confidence in our opinions. Uniqueness principles say that there is at most one maximally rational doxastic response to any given batch of total evidence. The two views are often thought to be tightly connected. This paper distinguishes two ways of motivating conciliationism, and two ways that conciliationism may be undermined by permissive accounts of rationality. It shows how conciliationism can flourish under certain strongly permissive accounts of rationality. This (...) occurs when the motivation for conciliationism does not come from taking disagreement as evidence of one's own rational failings. However, divorcing the motive for conciliating from worries about rationality does not remove a feature of conciliationism that some find troubling: that conciliationism can lead to cases of “rational toxicity,” in which the most rational response to one's evidence involves violating some rational ideal. (shrink)

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each (...) other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of reasonableness, which assigns liability instrumentally on the basis of a utilitarian calculus. Finally, Professor Fletcher examines stylistic differences between the two paradigms which may explain the modern preference for the paradigm of reasonableness. (shrink)

This essay provides an overview of the crime/tort distinction. It first investigates some of the fundamental differences between criminal law and tort law in doctrine and legal structure. It then explores some important similarities and differences in normative perspectives between the two doctrinal fields. This typology should prove analytically useful for examining some of the specific issues at the borderline of crime and torts—such as the proper scope of punitive damage liability and the question whether criminal law as well (...) as tort law should vary legal sanctions simply because of the fortuitous occurrence of harm. (shrink)

This paper deals with the acute toxicity of Sugar factory effluent on freshwater catfish, Mystus vittatus (Bloch), at different concentration and duration of exposure on the mortality and ethological alterations. The LC50 for 96 hours of sugar factory effluent for Mystus vittatus was 3.10% (v/v). The result also revealed that mortality rate depends upon concentrations of effluent and duration of exposure. The effluent exposed test fish showed alterations in behavioural responses. The behavioural alterations of Mystus vittatus during the present experiment (...) was found to depend on both duration of exposure and increase in concentration of the effluent and duration of exposure. The mortality rate was found to be directly proportional to the concentration of effluent. Thus, the present revealed that fish, Mystus vittatus are sensitive to distillery wastewater and can be used as biological indicators. (shrink)

We present a novel model of individual people, online posts, and media platforms to explain the online spread of epistemically toxic content such as fake news and suggest possible responses. We argue that a combination of technical features, such as the algorithmically curated feed structure, and social features, such as the absence of stable social-epistemic norms of posting and sharing in social media, is largely responsible for the unchecked spread of epistemically toxic content online. Sharing constitutes a distinctive (...) communicative act, governed by a dedicated norm and motivated to a large extent by social identity maintenance. But confusion about this norm and its lack of inherent epistemic checks lead readers to misunderstand posts, attribute excess or insufficient credibility to posts, and allow posters to evade epistemic accountability—all contributing to the spread of epistemically toxic content online. This spread can be effectively addressed if people and platforms add significantly more context to shared posts and platforms nudge people to develop and follow recognized epistemic norms of posting and sharing. (shrink)

First, I argue that the contestability of the term “terrorism” is insufficient to justify the targeting of those who are innocent noncombatants beyond reasonable doubt; second, that states could be as vicious, if not even more so, than nonstate actors could be in perpetrating acts that might be described as terrorism, and, third, that an adequate definition of international terrorism must focus on the actual victims of such despicable acts.

This paper will focus on the notion of toxic masculinity that has a lot to do with deforming the male identity figure. I am here really concerned with probing within the need of conforming with the traditional masculinity ideology in the East and the West, and how it hinders males from discovering what it means to be a male. Actually, the scope of research in this paper exceeds one culture to include both the Western and the Eastern cultures, which (...) have proved with evidence to share many attributes. I am also revealing how this masculinity has been misinterpreted over the years to encompass weird attitudes and behaviors as suppressing emotions or masking distress or showing violence as an indicator of power. How the idea of the necessity of being “tough all the time” may affect their mental and psychological wellbeing and what is less than that could stigmatize them for being “feminine” or “weak”. In this paper, I will also try to reveal how great sector of women unintentionally feeds this ego of toxic masculinity to their sons since childhood days. By connecting all these factors to the development of the characters in Victor Surge’s novel “Men in Prison”, we are simply highlighting the psychological dimension and consequences of suppressed men. It is regarded as an unfiltered view of humanity in the early 20th century. The depraving brutality that Serge experienced behind bars is mirroring a society subduing men in various levels. I hopefully seek to break down factors that trap men in a certain framework out of which there is no escape. (shrink)

In "Torts, Egalitarianism and Distributive Justice" , Tsachi Keren-Paz presents impressingly detailed analysis that bolsters the case in favour of incremental tort law reform. However, although this book's greatest strength is the depth of analysis offered, at the same time supporters of radical law reform proposals may interpret the complexity of the solution that is offered as conclusive proof that tort law can only take adequate account of egalitarian aims at an unacceptably high cost.

The Ganga is one of the most sacred and worshipped river of India, is regarded as the cradle of Indian civilization. Uttar Pradesh the largest state of India is blessed with the most holy and important river in its region but due to increased urbanization and industrialization this river is under intimidation of high water pollution. The major objectives of the present study were to investigate heavy metal's concentration in water and sediments of the River Ganga. Water and sediments collected (...) from different locations were analyzed for Iron (Fe), Chromium (Cr), Lead (Pb),Nickel(Ni) and Zinc(Zn). The concentration of these heavy metals in the study area indicates that the river is highly polluted. The possible sources of these heavy metal pollutants are diverse, originated from natural or anthropogenic sources and point sources. The concentrations determined were more than the maximum admissible and desirable limit when compared with the National and International organizations like WHO, USEPA. Exposure to heavy metals has been linked to chronic and acute toxicity developing retardation, neurotoxicity, kidney damage, various cancers, liver damage, lung damage, and fragile bones and even death in instances of very high exposure. (shrink)

The dynamism between otherness and differences with identity and equivalence provides key ideas for analyzing the process of gender individuation by artistic works. In this article I discuss the problem of artistic and aesthetic reactions to homogeneous cultural patterns of masculinity, which is characterized by the concept of "toxic masculinity" in pop-cultural, sociological, psychological and gender studies discourses. One common theme is that "toxic masculinity" encompasses harmful standards that generate antagonisms and diminish multi-figure masculinity to a singular "socially (...) acceptable" level at the expense of children, women and men - and thus society as a whole. The artist's task is to reveal this noxiousness, and to highlight the value of the coexistence of a variety of forms of masculinity in terms of its diversity, thereby helping to mitigate the consequences of disruptive gender relations. (shrink)

This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more defensible. The (...) second Part considers how tort has dealt with this divergence between lay and expert perspectives. It also evaluates how tort's approach has differed from that of public law approaches to accident law, such as legislative compensation and risk regulation by administrative agencies. Ultimately, tort's ability to recognize the value of lay intuitions supports retaining the tort perspective as part of our societal arsenal of responses to risk and harm. This ability can also support a pro-tort perspective in two practical debates in the arena of tort law: that over preemption of tort law by administrative agency judgments, and that over access to tort recovery as part of a no-fault system. (shrink)

One of the challenges in secondary schools today is infringements on students’ rights, in a tortious way that may also constitute breach of the Child’s Right Act of 2003 in Nigeria. These breach on rights usually come through the administration of corporal punishments on students, and mainly because the school heads see themselves as loco parentis of the students who can, therefore, enforce any form of punishment on them in the school. This study investigated knowledge, attitude, and infringement of tort (...) law among public secondary school heads on students in Osun State. All the students in Osun State public secondary schools and 723 heads constituted the population. A sample of 54 school heads and 180 students were selected using multi-stage sampling procedure. Two instruments were designed to elicit responses from the respondents. Descriptive and inferential statistics were used to answer the research questions raised for the study. The results showed that school heads do not have adequate knowledge of tort law and that both the school heads and students have poor attitude toward it tort law. The study recommends that short term training on student’s right, how they can be legally protected and tort law be organised for school heads. (shrink)

Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.

Abstract: This study was aiming to determine the effect of the Vitamin A on paracetamol-induced hepatotoxicity. Fifteen rats were randomly divided into five groups; (three rats each) control group, paracetamol (1000 mg/kg body weight) was used to induce hepatotoxicity in albino rats. Vitamin A (Retinyl palmtate) administered at the dose levels of 100, 500 and1000 IU/kg body weights orally for 7 days prior to paracetamol dose. Hepatic toxicity was observed in paracetamol group; aspartate aminotransaminase (AST) level was high as compared (...) with control group (p = 0.003). The significant hepatoprotective effect of Vitamin A was observed at doses 500 and 1000 IU/kg body weight, as there was significant reduction of serum AST when compared to paracetamol group (p = 0.01 and 0.003 respectivly), where 100 IU/Kg vitamin A not significantly decrease AST. Liver trace element determined by X-ray fluorescence (XRF) (K, Ca, Fe, Cu, Zn and Rb) in paracetamol-treated group were found to be higher than that of the control group, although the only significant increase was observed with Cu. Br shows slight decrease compared to the control group. There were no significant differences between Vitamin A groups (100 mg/kg 500mg/kg and 1000mg/kg) and PCM-treated group in the liver tissue content of Ca, K, Zn, Cu, Rb and Br where Fe concentrations were significantly decrease at doses 500 and 1000IU/l (P value 0.05 and 0.045 respectively). Vitamin A shows protective effect by regulating liver tissue Fe. We recommend to perform further investigation on the mechanisms of Vitamin A hepatoprotective mechanisms of action. (shrink)

Phytoremediation is a biological remediation technique known for low-cost technology and environmentally friendly approach, which employs plants to extract, stabilise, and transform various compounds, such as potentially toxic elements (PTEs), in the soil or water. Recent developments in utilising chelating agents soil remediation have led to a renewed interest in chelate-induced phytoremediation. This review article summarises the roles of various chelating agents and the mechanisms of chelate-induced phytoremediation. This paper also discusses the recent findings on the impacts of chelating (...) agents on PTEs uptake and plant growth and development in phytoremediation. It was found that the chelating agents have increased the rate of metal absorption and translocation up to 45% from roots to the aboveground plant parts during PTEs phytoremediation. Besides, it was also explored that the plants may experience some phytotoxicity after adding chelating agents to the soil. However, due to the leaching potential of synthetic chelating agents, the use of organic chelants have been explored to be used in PTEs phytoremediation. Finally, this paper also presents comprehensive insights on the significance of using chelating agents through SWOT analysis to discuss the advantages and limitations of chelate-induced phytoremediation. (shrink)

The present investigation has been designed to study the effect of sub lethal concentrations of Nickel on the serum metabolites of Channa punctatus after exposure to 45 days. The present study shows that serum metabolites such as glucose and protein were significantly decreased while lipid was significantly increased. Thus, the result provides an overview of the manipulation of fish, Channa punctatus as a biomarker of heavy metals through alternation in serum biochemical parameters.

In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...) fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test. (shrink)

I explicate the conditions required for criminal responsibility, provide an overview of criminal defenses, distinguish criminal responsibility from both tort liability and moral responsibility, and explicate the current state of the insanity defense.

This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that tort (...) law’s compensatory decisions provide a legitimate norm against which no-fault’s decisions can be compared and criticized – doing so leads in a direction which is at odds with accident law reform advocates’ typical recommendations. On my account, accident law should not just be reformed in line with no-fault’s principles, but rather it should be completely abandoned since the principles that protect no- fault systems from the conservatives’ two allegations are incompatible with retaining the category of accident law, they entail that no-fault systems are a form of social welfare and not accident law systems, and that under these systems serious deprivation – and to a lesser extent causal responsibility – should be conditions of eligibility to claim benefits. (shrink)

A number of writers have drawn on Hayek’s epistemic defence of market institutions to argue that free-markets and tort law are best placed to overcome the knowledge problems associated with the environmental sphere. This paper argues to the contrary, that this Austrian School approach itself suffers from significant knowledge problems. The first of these relates to the ability of Austrian economics to assign victim compensation and the second to the difficulty of establishing causation in complex environmental problems. The paper will (...) also show how alternative approaches may not suffer from these epistemic challenges and are better placed to overcome them. (shrink)

“Are humans in a toxic, abusive relationship with nature? Love is strange.” -/- —In “Glands of Love”; Meandering Sobriety.

Following the storming of the US Capitol building, Donald Trump became digitally toxic, and was deplatformed from Facebook, Instagram, Twitter and YouTube—as well as a host of other social media networks. Subsequent debate has centred on the questions of whether these companies did the right thing and the possible ramifications of their actions for the future of digital societies along with their democratic organisation. This article seeks to answer this question through examining complex, and seemingly contradictory notions (legality and (...) the protection of public interest vs issues of democratic legitimacy and digital sovereignty) and argues that reform is needed to determine who, in the future, will control the infosphere—and how. (shrink)

A prevalent political narrative is that we are facing an epistemological crisis, where many citizens no longer care about truth and facts. Yet the view that we are living in a post-truth era relies on some implicit questionable empirical and normative assumptions. The post-truth rhetoric converts epistemic issues into motivational issues, treating people with whom we disagree as if they no longer believe in or care about truth. This narrative is also dubious on epistemic, moral, and political grounds. It is (...) epistemically dubious in being largely insensitive to the problem of complexity in politics; it is morally dubious because “post-truth” is often a derogatory label for individuals or groups that are deemed stupid, irrational, or morally compromised; and it is a politically toxic neologism because it purports to use the language of ‘truth’ as a weapon against power, yet these truth-claims are often themselves attempts to exert power over others by delegitimizing their perspectives. While it may seem as if truth and democracy are on especially bad terms lately, politics and truth have long had a vexed relationship, and moral panics about the value of truthfulness in politics are as old as politics itself. (shrink)

In this paper, we propose a new theory of rationality defeat. We propose that defeaters are "indicators of ignorance", evidence that we’re not in a position to know some target proposition. When the evidence that we’re not in a position to know is sufficiently strong and the probability that we can know is too low, it is not rational to believe. We think that this account retains all the virtues of the more familiar approaches that characterise defeat in terms of (...) its connection to reasons to believe or to confirmation but provides a better approach to higher-order defeat. We also think that a strength of this proposal is that it can be embedded into a larger normative framework. On our account the no-defeater condition is redundant. We can extract our theory of defeat from our theory of what makes it rational to believe—it is rational to believe when it is sufficiently probable that our belief would be knowledge. Thus, our view can provide a monistic account of defeat, one that gives a unifying explanation of the toxicity of different defeaters that is grounded in a framework that either recognises knowledge as the norm of belief or identifies knowledge as the fundamental epistemic good that full belief can realise. (shrink)

Nietzsche famously discusses a psychological condition he calls ressentiment, a condition involving toxic, vengeful anger. I offer a free-standing theory in philosophical psychology of the familiar...

Social media has invaded our private, professional, and public lives. While corporations continue to portray social media as a celebration of self-expression and freedom, public opinion, by contrast, seems to have decidedly turned against social media. Yet we continue to use it just the same. What is social media, and how should we live with it? Is it the promise of a happier and more interconnected humanity, or a vehicle for toxic self-promotion? In this essay I examine the very (...) structure of social media communications in order to sketch how we should engage with social media. Social media communications are, I argue, a public communication of private content. This allows connections to be made with others in ways that would not otherwise be possible; however, it also submits the private to a status competition, which in turn is linked to mental health challenges. A ‘virtuous’ engagement with social media means being aware of these dynamics, and choosing to subordinate social media to other, more important goods. (shrink)

Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of “but-for causation” to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status—say, sex or race—just in case the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this essay, we (...) first unpack the ambiguity of this but-for causal reasoning. We then show that this reasoning arises from a misapplication of tort law principles within antidiscrimination law, and that, as a result, it is both conceptually and normatively indeterminate. (shrink)

We consider an ethical dilemma in global health: is it ethically acceptable to provide some patients cheaper treatments that are less effective or more toxic than the treatments other patients receive? We argue that it is ethical to consider local resource constraints when deciding what interventions to provide. The provision of cheaper, less effective health care is frequently the most effective way of promoting health and realizing the ethical values of utility, equality, and priority to the worst off.

At the end of 2017, Kristen Roupenian’s short story, Cat Person, went viral. Published at the height of the #MeToo movement, it depicted a ‘toxic date’ and a disturbing sexual encounter between Margot, a college student, and Robert, an older man she meets at work. The story was widely viewed as a relatable denunciation of women’s powerlessness and routine victimization. In this paper, I push against this common reading. I propose an alternative feminist interpretation through the lens of Simone (...) de Beauvoir’s notion of narcissism: a form of alienation that consists in making oneself both the subject and the ultimate project of one’s life. Framing Margot as a narcissist casts her as engaging, not in subtly coerced, undesired sex, but rather in sex that is desired in a tragically alienated way. I argue that Beauvoir’s notion of narcissism is an important tool for feminists today – well beyond the interpretation of Cat Person. It presses us to see systematic subordination not just as something done to women, but also as something women do to themselves. This in turn highlights the neglected role of self-transformation as a key aspect of feminist political resistance. (shrink)

GREGORY McELWAIN | : This paper explores the intersection of animal and environmental ethics through the thought of Mary Midgley. Midgley’s work offers a shift away from liberal individualist animal ethics toward a relational value system involving interdependence, care, sympathy, and other components of morality that were often overlooked or marginalized in hyperrationalist ethics, though which are now more widely recognized. This is most exemplified in her concept of “the mixed community,” which gained special attention in J. Baird Callicott’s effort (...) to create a “unified environmental ethics.” In this, Callicott saw the potential in Midgley’s thought for bringing animal and environmental ethics “back together again.” However, this paper argues that he oversimplified and misapplied her complex concept. This is primarily due to his attempt to harmonize her approach with a rigid dichotomy between domestic and wild animals—as well as one between individuals and collectives—in his conception of the land ethic in the tradition of Aldo Leopold. Throughout, this paper also highlights Midgley’s value as an early contributor to the convergence of animal and environmental ethics. | : Cet article explore l’intersection entre l’éthique animale et l’éthique environnementale par le biais de la pensée de Mary Midgley. Le travail de Midgley prend ses distances d’une éthique animale libérale individualiste pour se rapprocher d’un système de valeurs relationnel qui implique l’interdépendance, le soin, la sympathie, et d’autres éléments de la morale qui ont souvent été négligés ou marginalisés dans le contexte de l’éthique hyperrationnaliste, bien qu’actuellement plus largement reconnus. Le meilleur exemple de cela se retrouve dans son concept de « la communauté mixte », lequel a bénéficié d’une attention particulière chez J. Baird Callicot et son effort pour créer une « éthique environnementale unifiée ». En cela, Callicot a vu le potentiel de la pensée de Midgley’s pour une « réunification » de l’éthique animale et l’éthique environnementale. Or, cet article soutient qu’il a simplifié et appliqué à tort le concept complexe de Midgley, en raison de sa tentative de concilier l’approche de cette dernière avec une stricte dichotomie entre animaux sauvages et domestiques – en plus d’une autre entre individus et collectivités – suivant sa conception de l’éthique de la terre dans la tradition d’Aldo Leopold. Tout au long du texte, cet article met en relief l’importance de Midgley comme l’une des premiers théoriciens à avoir contribué à la convergence de l’éthique animale et de l’éthique environnementale. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find (...) that ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

I explore how agent-regret and its object—faultlessly harming someone—can call for various responses. I look at two sorts of responses. Firstly, I explore responses that respect the agent’s role as an agent. This revolves around a feature of “it was just an accident”—a common response to agent-regret—that has largely gone ignored in the literature: that it can downplay one’s role as an agent. I argue that we need to take seriously the fact that those who have caused harms are genuine (...) agents, to ignore this fails to allow these agents to move on. Secondly, following Sussman and MacKenzie, I explore responses that benefit the victim. I argue that we should strive to understand how to configure these responses in a way that does not blame the agent. To do this I look at the role of actions in our self-understanding, as people who have done particular things. I end by briefly considering the ways in which tort law and restorative justice might help us to understand how to appropriately respond to accidentally harming someone. I urge that we need to take this as a starting point to find a better way to respond to the agents of faultless harms. (shrink)

Libertarian self-ownership views in the tradition of Locke, Nozick, and the left-libertarians have supposed that we enjoy very powerful deontological protections against infringing upon our property. Such a conception makes sense when we are focused on property that is very important to its owner, such as a person’s kidney. However, this stringency of our property rights is harder to credit when we consider more trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. (...) Maintaining that our rights against all infringements are very powerful threatens to implausibly make such pollution and trivial risk broadly impermissible. This paper suggests that self-ownership views have tended to inappropriately conflate the seriousness of different types of infringements and that treating all infringements so seriously is implausible because it would make too much impermissible. I consider several ways to avoid this result within a self-ownership framework and conclude that the best approach is to allow that the strength of the protection against infringements should be tied to the seriousness of the harm of the infringement. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

Wrong beliefs, known by some as ‘alternative facts’, have proliferated lately in important areas of human life, including social, political, and public health domains. This can be and has been damaging. This brief article proposes an epistemological category classification of these wrong beliefs, with the following mappings: a) ‘No-Information’ marked by willful blindness produces ‘Empty Beliefs’; b) ‘Mis-Information’ yields ‘Mis(taken) Beliefs’; and c) ‘Dis-Information’ predicated on blatant distortions produces ‘Dis(torted) Beliefs’. This simple classification system, is perhaps epistemologically satisfying, and moreover (...) could have positive policy implications. (shrink)

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

What is it for a duty or obligation to be directed? Thinking about paradigmatic cases such as the obligations generated by promises will take us only so far in answering this question. This paper starts by surveying several approaches for understanding directed duties, as well as the challenges they face. It turns out that shared agency features something similar to the directedness of duties. This suggests an account of directedness in terms of shared agency – specifically, in terms of the (...) so-called practical intimacy that holds between individuals when they act together. The final section addresses a challenge to the shared agency approach posed by legal wronging in tort law. (shrink)

Leading prescriptions for addressing the spread of fake news, misinformation, and other forms of epistemically toxic content online target either the platform or platform users as a single site for intervention. Neither approach attends to the intense feedback between people, posts, and platforms. Leading prescriptions boil down to the suggestion that we make social media more like traditional media, whether by making platforms take active roles as gatekeepers, or by exhorting individuals to behave more like media professionals. Both approaches (...) are impracticable and wrong. (shrink)

Our Viewpoint argues that expanding access to less effective or more toxic treatments is supported not only by utilitarian ethical reasoning but also by two other ethical frameworks: those that emphasise equality and those that emphasise giving priority to the patients who are worst off. The inadequate resources available for global health reflect not only natural constraints but also unwise social and political choices. However, pitting efforts to reduce inequality and better fund global health against efforts to put available (...) resources to their best use mistakes complementary objectives for conflicting ones. (shrink)

If, as Vandana Shiva has argued it in Biopiracy: The Plunder of Nature and Knowledge (1997), that ‘the new colonies are to be found in the bodies of women, plants and animals,’ then what are the new and not yet evidenced consequences of the efforts to make women ‘a site of passivity and negotiation’? There are little to no intergenerational studies of the impact of the chemical load on reproduction and future generations. The erosion of regenerative power, through exhaustive practices (...) as Teresa Brennan describes it in Exhausting Modernity (2000), in a novel way has become a radical form of toxicity that is disproportionally distributed. (shrink)

This article examines a fundamental question of justice in global health. Is it ethically preferable to provide a larger number of people with cheaper treatments that are less effective (or more toxic), or to restrict treatments to a smaller group to provide a more expensive but more effective or less toxic alternative? We argue that choosing to provide less effective or more toxic interventions to a larger number of people is favored by the principles of utility, equality, (...) and priority for those worst-off. Advocates are mistaken to demand that medical care provided in low-income and middle-income countries should be the same as in high-income countries. (shrink)

McKitrick (2003) proposes that an object has a disposition if and only if there are a manifestation, the circumstances of the manifestation, a counterfactual true of the object, and an overtly dispositional locution referring to the disposition. A disposition is extrinsic if and only if an object has it, but a perfect duplicate of the object might not have it. I present an alternative definition that an object has a disposition if and only if a counterfactual is true of the (...) object that under a certain condition, it would interact with another object in a certain manner. There are three reasons for thinking that my definition is better than her definition. 1. Ockham’s razor favors my definition over McKitrick’s definition. My definition is consistent, while her definition is not, with Lewis’s and her definitions of intrinsic and extrinsic properties. 3. My definition goes well, while her definition does not, with our intuition that an object has a disposition even in a possible world where there is nothing but that object. (shrink)