The Value-free ideal of science (VFI) is a view that claims that scientists should not use non-epistemic values when they are justifying their hypotheses, and is widely considered to be obsolete in the philosophy of science. I will defend the ideal by demonstrating that acceptance of non-epistemic values, prohibited by VFI, necessitates legitimizing certain problematic scientific practices. Such practices, including biased methodological decisions or Questionable Research Practices (QRP), significantly contribute to the Replication Crisis. I will argue that the realizability (...) of VFI is not a necessary condition for its validity. Then, I will show how some of the prominent proposals of value-laden science legitimize problematic scientific practices, provide real-world examples, and generalize the argument. Finally, I will show how value-laden methodological decisions contribute to the Replicability Crisis and discuss two strategies for realizing VFI. (shrink)

The Value of Evidence thesis (VE) tells us to gather evidence before deciding in any decision problem, if the evidence is free. This appar- ently plausible principle faces two problems. First, it fails on evidence externalism or nonclassical decision theories. Second, it’s not general enough: it tells us to prefer gaining free evidence to gaining no evi- dence, but it doesn’t tell us to prefer gaining more informative evidence to gaining less informative evidence when both are free. (...) This paper defends an alternative value-of-evidence principle that solves the above two problems. We call it ‘the Comparative Value of Evidence for the Resolute (CVER).’ CVER not only generalizes VE to the comparative case but is also compatible with evidence externalism and nonclassical decision theories. Our argument, if successful, broadens the scope of the value-of-evidence principle and shows that it’s more robust than previously imagined. (shrink)

The keeping of captive animals in zoos and aquariums has long been controversial. Many take freedom to be a crucial part of animal welfare and, on these grounds, criticise all forms of animal captivity as harmful to animal welfare, regardless of their provisions. Here, we analyse what it might mean for freedom to matter to welfare, distinguishing between the role of freedom as an intrinsic good, valued for its own sake and an instrumental good, its value (...) arising from the increased ability to provide other important resources. Too often, this debate is conducted through trading intuitions about what matters for animals. We argue for the need for the collection of comparative welfare data about wild and captive animals in order to settle the issue. Discovering more about the links between freedom and animal welfare will then allow for more empirically informed ethical decisions regarding captive animals. (shrink)

The article, first, reconstructs and criticizes Sandro Nannini’s incompatibilistic concept of freedom of decision and, second, develops a compatibilistic alternative, a synthesis of a rationalistic and an autonomous approach. Nannini justifies his conception primarily from a naturalistic point of view: it reflects our sense of agency, so he says. This is criticized as empirically wrong and methodically mistaken: The theory of freedom of decision is, actually, normative; it is about good decisions; naturalism cannot establish normative claims. (...) The alternative is based, methodically, on an idealizing hermeneutics, which tries to reconstruct the point of free decisions, and then justifies the resulting concept practically: Free decisions, conceived in this way, realize optimally our autonomous desires. (shrink)

This chapter offers a new criticism of the Mind argument that is both decisive and instructive. It introduces a plausible principle (γ) that places a requirement on one’s having a choice about an event whose causal history includes only other events. Depending on γ’s truth-value, the Mind argument fails in such a way that one or the other of the two main species of libertarianism is the best approach to the metaphysics of freedom. Libertarians argue the compatibility of (...) freedom and indeterminism, and their biggest obstacle is the Mind argument that argues an incompatibility between the two. The chapter aims to build a case for the truth of γ, and so for nonreductive libertarianism. This is achieved by defending it from the best objections that have been brought to light, thereby emphasizing γ’s prima facie plausibility. (shrink)

A standard liberal claim is that freedom of choice is not only instrumentally valuable but also intrinsically valuable, that is, valuable for its own sake. I argue that each one of five conditions is plausible if freedom of choice is intrinsically valuable. Yet there exists a counter-example to the conjunction of these conditions. Hence freedom of choice is not intrinsically valuable.

This essay considers the theoretical disagreement between Isaiah Berlin and Hannah Arendt on the meaning and value of freedom. Berlin thinks that negative liberty as non-interference is commendable because it is attuned to the implication of value pluralism that man is a choice-making creature and cannot be otherwise. By contrast, the political freedom to act is in Arendt’s view a more fulfilling ideal because it is only in political action that man’s potentiality is actualised, his unique (...) identity manifested and his being-in-the-world-with-others reaffirmed. What lies beneath the two thinkers’ dispute over the most satisfactory meaning of freedom, I argue, is a deeper disagreement over human nature itself. The implication of this analysis for the contemporary debate between pluralist liberals and their agonistic critics is briefly discussed in conclusion. (shrink)

In this essay we collect and put together a number of ideas relevant to the under- standing of the phenomenon of creativity, confining our considerations mostly to the domain of cognitive psychology while we will, on a few occasions, hint at neuropsy- chological underpinnings as well. In this, we will mostly focus on creativity in science, since creativity in other domains of human endeavor have common links with scientific creativity while differing in numerous other specific respects. We begin by briefly (...) introducing a few basic notions relating to cognition, among which the notion of ‘concepts’ is of basic relevance. The myriads of concepts lodged in our mind constitute a ‘conceptual space’ of an enormously complex structure, where con- cepts are correlated by beliefs that are themselves made up of concepts and are as- sociated with emotions. The conceptual space, moreover, is perpetually in a state of dynamic evolution that is once again of a complex nature. A major component of the dynamic evolution is made up of incessant acts of inference, where an inference occurs essentially by means of a succession of correlations among concepts set up with beliefs and heuristics, the latter being beliefs of a special kind, namely, ones relatively free of emotional associations and possessed of a relatively greater degree of justification. Beliefs, along with heuristics, have been described as the ‘mind’s software’, and con- stitute important cognitive components of the self-linked psychological resources of an individual. The self is the psychological engine driving all our mental and physical activity, and is in a state of ceaseless dynamics resulting from one’s most intimate ex- periences of the world accumulating in the course of one’s journey through life. Many of our psychological resources are of a dual character, having both a self-linked and a shared character, the latter being held in common with larger groups of people and imbibed from cultural inputs. We focus on the privately held self-linked beliefs of an individual, since these are presumably of central relevance in making possible inductive inferences – ones in which there arises a fundamental need of adopting a choice or making a decision. Beliefs, decisions, and inferences, all have the common link to the self of an individual and, in this, are fundamentally analogous to free will, where all of these have an aspect of non-determinism inherent in them. Creativity involves a major restructuring of the conceptual space where a sustained inferential process eventually links remote conceptual domains, thereby opening up the possibility of a large number of new correlations between remote concepts by a cascading process. Since the process of inductive inference depends crucially on de- cisions at critical junctures of the inferential chain, it becomes necessary to examine the basic mechanism underlying the making of decisions. In the framework that we attempt to build up for the understanding of scientific creativity, this role of decision making in the inferential process assumes central relevance. With this background in place, we briefly sketch the affect theory of decisions. Affect is an innate system of response to perceptual inputs received either from the exter- nal world or from the internal physiological and psychological environment whereby a positive or negative valence gets associated with a perceptual input. Almost every sit- uation faced by an individual, even one experienced tacitly, i.e., without overt aware-ness, elicits an affective response from him, carrying a positive or negative valence that underlies all sorts of decision making, including ones carried out unconsciously in inferential processes. Referring to the process of inferential exploration of the conceptual space that gener- ates the possibility of correlations being established between remote conceptual do- mains, such exploration is guided and steered at every stage by the affect system, analogous to the way a complex computer program proceeds through junctures where the program ascertains whether specified conditions are met with by way of generating appropriate numerical values – for instance, the program takes different routes, depending on whether some particular numerical value turns out to be positive or negative. The valence generated by the affect system in the process of adoption of a choice plays a similar role which therefore is of crucial relevance in inferential processes, especially in the exploration of the conceptual space where remote domains need to be linked up – the affect system produces a response along a single value dimension, resembling a number with a sign and a magnitude. While the affect system plays a guiding role in the exploration of the conceptual space, the process of exploration itself consists of the establishment of correlations between concepts by means of beliefs and heuristics, the self-linked ones among the latter having a special role in making possible the inferential journey along alternative routes whenever the shared rules of inference become inadequate. A successful access to a remote conceptual domain, necessary for the creative solution of a standing problem or anomaly – one that could not be solved within the limited domain hitherto accessed – requires a phase of relatively slow cumulative search and then, at some stage, a rapid cascading process when a solution is in sight. Representing the conceptual space in the form of a complex network, the overall process can be likened to one of self-organized criticality commonly observed in the dynamical evolution of complex systems. In order that inferential access to remote domains may actually be possible, it is necessary that restrictions on the exploration process – necessary for setting the context in ordinary instances of inductive inference – be relaxed and a relatively free exploration in a larger conceptual terrain be made possible. This is achieved by the mind going into the default mode, where external constraints – ones imposed by shared beliefs and modes of exploration – are made inoperative. While explaining all these various aspects of the creative process, we underline the supremely important role that analogy plays in it. Broadly speaking, analogy is in the nature of a heuristic, establishing correlations between concepts. However, analo- gies are very special in that these are particularly effective in establishing correlations among remote concepts, since analogy works without regard to the contiguity of the concepts in the conceptual space. In establishing links between concepts, analogies have the power to light up entire terrains in the conceptual space when a rapid cas- cading of fresh correlations becomes possible. The creative process occurs within the mind of a single individual or of a few closely collaborating individuals, but is then continued by an entire epistemic community, eventually resulting in a conceptual revolution. Such conceptual revolutions make pos- sible the radical revision of scientific theories whereby the scope of an extant theory is broadened and a new theoretical framework makes its appearance. The emerging theory is characterized by a certain degree of incommensurability when compared with the earlier one – a feature that may appear strange at first sight. But incommen- surability does not mean incompatibility and the apparently contrary features of the relation between the successive theories may be traced to the multi-layered structureof the conceptual space where concepts are correlated not by means of single links but by multiple ones, thereby generating multiple layers of correlation, among which some are retained and some created afresh in a conceptual restructuring. We conclude with the observation that creativity occurs on all scales. Analogous to correlations being set up across domains in the conceptual space and new domains being generated, processes with similar features can occur within the confines of a domain where a new layer of inferential links may be generated, connecting up sub- domains. In this context, insight can be looked upon as an instance of creativity within the confines of a domain of a relatively limited extent. (shrink)

Paul Guyer is well known for defending the claim that freedom, understood as the capacity to set ends, is Kant’s fundamental value. In contrast, I have developed a reading of Kant’s ethics that places autonomy and community at the heart of Kant’s ethics. At the heart of my account is a conception of autonomy understood as what I call the capacity for sovereignty. I argue that these two positions can be made compatible. To do this involves making a (...) distinction between the concepts of dignity and value and arguing that although autonomy, understood as the capacity for sovereignty, is the source of the dignity of humanity, this is compatible with the claim that the ultimate value for Kant is freedom understood as the capacity to set ends. To explain how this is possible I appeal to Wilfrid Sellars Kantian account of the moral point of view in Science and Metaphysics. (shrink)

Forgiveness is one of the most valued decisions in contemporary culture, although it has been emphasised that imprudent forgiveness can cause more harm than good in human relationships. In this article, I focus on the rarely discussed aspect of forgiveness, namely the recovery of subjectivity by the victim in their relationship with the perpetrator. I divide my reflection into three parts. In the first, I deal with the issue of the subjectivity of individuals in social relations. In the second part (...) I present the consequences of the victim’s experience of harm, which include, first, the evoking of negative emotions, and subsequently the impact of these emotions on the way the victim functions as a subject in the relationship with the perpetrator. In the third part I show how – thanks to forgiveness – the victim regains subjectivity. Furthermore, I address the moral value of forgiveness. I argue that the regaining of subjectivity by the victim is a premise for recognising forgiveness as a morally good act and illustrate that forgiveness – properly defined – does not pose a threat to the good of people creating a relationship with the perpetrator. (shrink)

Beauvoir’s Ethics of Ambiguity appears to defend a distinctly existentialist, deontologically-constrained version of consequentialism. On that interpretation, her belief that freedom consists in the real possibilities provided by our concrete situation leads her to reject Kantian autonomy to allow for some consequentialist decisions, while her belief that our situation derives its meaning from freely-chosen projects leads her to limit such choices to their consequences for situated freedom rather than general happiness. However, I will argue that Beauvoir’s view is (...) better understood as a non-deontological, internal critique of consequentialism, rooted in Marx’s historical materialism rather than her existentialist commitments. Beauvoir challenges consequentialism’s tendency to evaluate decision-making over actions, and intended or predicted consequences over actual ones, considering consequences during a limited time-frame despite their variable, contingent future value. In other words, consequentialism is insufficiently consequentialist, a view rooted in historical materialism in two ways. First, her materialist understanding of freedom as situated possibility requires an ethics that prioritizes real rather than projected consequences. Materialist consequentialism acknowledges outcomes are never final and so refuses to assign unambiguous moral value. A decision’s ethical value is preserved only to the degree that the value of its real consequences for existing individuals’ projects is maintained into the indefinite future. Second, her view that value is historical, a human creation based in our actual situation’s contingent utility to our individually chosen projects, denies that any consequence has a fixed value independent of the historical development of humanity as realized through individual choices. Historical-materialist consequentialism demands moral agents retroactively reassess the moral status of every action in order to repair consequences that have, because of changing human purposes, become obstacles to freedom. Together, these historical materialist constraints ground Beauvoir’s demand for an ethics that is ambiguous in principle as well as practice: no decision, action, or consequence has a fixed moral value because consequences are always incomplete and, even when they do not change, the projects that give them value change. While compatible with existentialist conceptions of freedom, responsibility, and authenticity, her ethics does not require such commitments, making it more Marxist than existentialist in character. (shrink)

The linear programming method is one of the important methods of operations research that has been used to address many practical issues and provided optimal solutions for many institutions and companies, which helped decision makers make ideal decisions through which companies and institutions achieved maximum profit, but these solutions remain ideal and appropriate in If the conditions surrounding the work environment are stable, because any change in the data provided will affect the optimal solution and to avoid losses and (...) achieve maximum profit, we have, in previous research, reformulated the linear models using the concepts of neutrosophic science, the science that takes into account the instability of conditions and fluctuations in the work environment and leaves nothing to chance. While taking data, neutrosophic values carry some indeterminacy, giving a margin of freedom to decision makers. In another research, we reformulated one of the most important methods used to solve linear models, which is the simplex method, using the concepts of this science, and as a continuation of what we did in the previous two researches, we will reformulate in this research. The graphical method for solving linear models using the concepts of neutrosophics. We will also shed light on a case that is rarely mentioned in most operations research references, which is that when the difference between the number of unknowns and the number of constraints is equal to one, two, or three, we can also find the optimal solution graphically for some linear models. This is done by taking advantage of the conditions of non-negativity that linear models have, and we will explain this through an example in which the difference is equal to two. Also, through examples, we will explain the difference between using classical values and neutrosophic values and the extent of this’s impact on the optimal solution. (shrink)

I examine the claim that the underlying importance given to freedom within a society's scheme of values varies with historical circumstance and social context (I shall sometimes call this the "relativist claim"). The point of the examination will be to attempt to determine the manner in which, and the extent to which, this claim really endangers the liberal argument, which seems to suggest that freedom is valuable everywhere and always. It will be seen that several apparent challenges may (...) be dismissed, since for one reason or another they do not really threaten traditional liberalism. When these apparent (but non-threatening) challenges are pared away from the relativist claim, it will be seen that the remaining threat is on the one hand weaker, and on the other hand more dubious, than might have been supposed at first. This rather formal work will then set the stage for a proffered definition of the sort of "freedom" that is at stake in this discussion, and for my own attempt to offer answers to the questions about the value of freedom that I raise. (shrink)

Recently, John Fischer has applied Frankfurt’s well-known counter-example to the principle of alternate possibilities to refute the traditional libertarian position which holds that a necessary condition for an agent’s decision (choice) to be free in the sense of freedom required for moral responsibility is that the decision not be causally determined, and that the agent could have avoided making it. Fischer’s argument has consequently led various philosophers to develop libertarian accounts of freedom which try to dispense (...) with the avoidability constraint on freedom. My purpose in this article is to show that Fischer’s attack on traditional libertarianism fails, and, therefore, it is premature to abandon that position. (shrink)

This essay explores the features in virtue of which games are valuable or worthwhile to play. The difficulty view of games holds that the goodness of games lies in their difficulty: by making activities more complex or making them require greater effort, they structure easier activities into more difficult, therefore more worthwhile, activities. I argue that a further source of the value of games is that they provide players with an experience of freedom, which they provide both as (...) paradigmatically unnecessary activities and by offering opportunities for relatively unconstrained choice inside the ‘lusory’ world that players inhabit. (shrink)

Many seem to think that AI-induced responsibility gaps are morally bad and therefore ought to be avoided. We argue, by contrast, that there is at least a pro tanto reason to welcome responsibility gaps. The central reason is that it can be bad for people to be responsible for wrongdoing. This, we argue, gives us one reason to prefer automated decision-making over human decision-making, especially in contexts where the risks of wrongdoing are high. While we are not the (...) first to suggest that responsibility gaps should sometimes be welcomed, our argument is novel. Others have argued that responsibility gaps should sometimes be welcomed because they can reduce or eliminate the psychological burdens caused by tragic moral choice-situations. By contrast, our argument explains why responsibility gaps should sometimes be welcomed even in the absence of tragic moral choice-situations, and even in the absence of psychological burdens. (shrink)

Sennett (1999) and Pawl & Timpe (2009; 2013) attempt to show how we can praise heavenly agents for things they inevitably do in heaven by appealing to the notion of derivative freedom. Matheson (2017) has criticized this use of derivative freedom. In this essay I show why Matheson's argument is inconclusive but also how the basic point may be strengthened to undermine the use Sennett and Pawl & Timpe make of derivative freedom. I then show why Matheson (...) is mistaken to claim that the value of free choice depends on an agent retaining the ability to change their mind; in so doing I demonstrate that some choices which result in fixed outcomes - a feature of the choices leading to impeccability - can indeed be valuable even if they cannot be undone. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

In recent decades, the intertwining ideas of self-determination and well-being have received tremendous support in bioethics. Discussions regarding self-determination, or autonomy, often focus on two dimensions—the capacity of the patient and the freedom from external coercion. The practice of obtaining informed consent, for example, has become a standard procedure in therapeutic and research medicine. On the surface, it appears that patients now have more opportunities to exercise their self-determination than ever. Nonetheless, discussions of patient autonomy in the bioethics literature, (...) which focus on individual patients making particular decisions, neglect the social structure within which health-care decisions are made. Looking through the lens of disability and informed by the feminist conception of relational autonomy, this essay argues that the issue of autonomy is much more complex than the individualist model suggests. The social system and the ableist ideology impose various forms of pressure or oppressive power that can affect people’s ability to choose according to their value system. Even if such powers are not directly coercive, they influence potential parents’ decisions indirectly—they structure their alternatives in such a way that certain options are never considered as viable and other decisions must be made. This paper argues that, instead of only focusing on the individual act of decision-making, we need to pay attention to the social structure that frames people’s decision. (shrink)

The study ascertained the perception of lecturers and students on the role of social support and psychological first aid in assisting financial fraud victims in South East Nigeria. The study adopted a descriptive survey design. The study was carried out in three Universities in the South East, Nigeria: the University of Nigeria, Nsukka; Nnamdi Azikiwe University, Awka; and Michael Okpara University of Agriculture, Umudike. The population comprises of 135 students and 52 lecturers in Home Economics programme of the three Universities, (...) making a total of 187 respondents. The entire population is used as the sample of the study because of the manageable size. A 32-item Questionnaire was used as instrument for data collection. The instrument is validated by three experts. Data collected is analyzed using mean and standard deviation to answer research questions. Decision on research questions is taken based on real limits of numbers. For the test of significance, the probability (p) value is used in comparison with the alpha value of 0.05, and at 90 degree of freedom (df). The study found that social support and psychological first aid can be used to help financial fraud victims by reaching out to them to help them cope with stress and psychological trauma associated with loss of properties. The study recommended that government at all levels should establish social support and psychological first aid units that will help to cater for the emotional, psychological and other needs of financial fraud victims in order to enable them recover efficiently. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This is a review of Robert O. Johann, ed., Freedom and Value, 1976 which consists of nine essays written by members of the Department of Philosophy at Fordham University. These deal with the nature and value of human freedom and its relations with other human values.

This book is the result of a collective research effort performed during many years in both Sweden and Spain. It is the result of attempting to develop a new field of research that could we denominate «human act informatics.» The goal has been to use the technologies of information to the study of the human act in general, including embodied acts and disembodied acts. The book presents a theory of the quantification of the informational value of human acts as (...) order, opposing the living order against entropy. We present acting as a set of decisions and choices aimed to create order and to impose Modernity. Karl Popper’s frequency theory of probability is applied to characterize human acts regarding their degree of freedom and to set up a scale of order in human decisions. The traditional theory of economics and social science characterize the human act as rational, utilitarian and ethical. Our results emphasize that the unique significance of an act lies in its capacity to generate order. An adequate methodology is then presented to defend such hypothesis according to which, the rationality respective irrationality of acting, is in fact only a function of the act’s organizational capacity. From this perspective, it has been necessary to define «order» respective «disorder» as operative concepts that allowed the comparison of the organizational differences generated by each kind of act. According to the presented conclusions, the spontaneity of living, as unconscious thinking, dreaming, loving, etc. and the mainstream of the human acts, are utilitarian, but in an irrational way; they are rooted in unconscious drifts and therefore must be considered irrational-utility acts. (shrink)

The dominant approach to assessing decision-making capacity in medicine focuses on determining the extent to which individuals possess certain core cognitive abilities. Critics have argued that this model delivers the wrong verdict in certain cases where patient values that are the product of mental disorder or disordered affective states undermine decision-making without undermining cognition. I argue for a re-conceptualization of what it is to possess the capacity to make medical treatment decisions. It is, I argue, the ability to (...) track one’s own personal interests at least as well as most people can. Using this idea, I demonstrate that it is possible to craft a solution for the problem cases—one that neither alters existing criteria in dangerous ways (e.g. does not open the door to various kinds of abuse) nor violates the spirit of widely accepted ethical constraints on decision-making assessment. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, vagueness (...) of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

Research into two-stage models of “free will” – first “free” random generation of alternative possibilities, followed by “willed” adequately determined decisions consistent with character, values, and desires – suggests that William James was in 1884 the first of a dozen philosophers and scientists to propose such a two-stage model for free will. We review the later work to establish James’s priority. By limiting chance to the generation of alternative possibilities, James was the first to overcome the standard two-part argument against (...) free will, i.e., that the will is either determined or random. James gave it elements of both, to establish freedom but preserve responsibility. We show that James was influenced by Darwin’s model of natural selection, as were most recent thinkers with a two-stage model. In view of James’s famous decision to make his first act of freedom a choice to believe that his will is free, it is most fitting to celebrate James’s priority in the free will debates by naming the two-stage model – first chance, then choice -“Jamesian” free will. (shrink)

Kevin Lynch's books are the classic underpinnings of modern urban planning and design, yet they are only a part of his rich legacy of ideas about human purposes and values in built form. City Sense and City Design brings together Lynch's remaining work, including professional design and planning projects that show how he translated many of his ideas and theories into practice. An invaluable sourcebook of design knowledge, City Sense and City Design completes the record of one of the foremost (...) environmental design theorists of our time and leads to a deeper understanding of his distinctively humanistic philosophy. The editors, both former students of Lynch, provide a cogent summary of his career and of the role he played in shaping and transforming the American urban design profession during the 1950s, the 1960s, and the 1970s. Each of the seven thematic groupings of writings and projects that follow begins with a short introduction explaining their content and their background. The essays in part I focus on the premises of Lynch's work: his novel reading of large-scale built environments and the notion that the design of an urban landscape should be as meaningful and intimate as the natural landscape. In part II, excerpts from Lynch's travel journals reveal his early ideas on how people perceive and interpret their surroundings—ideas that culminated in his seminal work, The Image of the City. This part of the book also presents Lynch's experiments with children and his assessment of environmental-perception research. The examples of both small-scale and large-scale analysis of visual form in part III are followed by three parts on city design. These include Lynch's more theoretical works on complex planning decisions involving both functional (spatial and structural organization) and normative (how the city works in human terms) approaches, articles discussing the principles that guided Lynch's teaching and practice of city design, and descriptions of Lynch's own projects in the Boston area and elsewhere. The book concludes with essays written late in Lynch's career, fantasy pieces describing utopias and offering new design freedoms and scenarios warning of horrifying "cacotopias.". (shrink)

We generally accept that medicine’s conceptual and ethical foundations are grounded in recognition of personhood. With patients in vegetative state, however, we’ve understood that the ethical implications of phenomenal consciousness are distinct from those of personhood. This suggests a need to reconsider medicine’s foundations. What is the role for recognition of consciousness (rather than personhood) in grounding the moral value of medicine and the specific demands of clinical ethics? I suggest that, according to holism, the moral value of (...) medicine is secured when conscious states are recognized in everyday medical science. Moreover, consciousness fully motivates traditional principles of clinical ethics if we understand respect for autonomy as respect for the dominion of an experiencer in the private, inescapable realm of bodily experience. When medicine’s foundations are grounded in recognition of consciousness, we understand how patients fully command respect even when they lack capacity to exercise their bodily dominion through decision-making. (shrink)

In order to maintain the existence of the business, it always creates and implements various marketingstrategies to maintain and maintain business operations in the midst of fierce business competition. Allbusinesses have competition so this makes the company must have a strategy to be able to excel incompetition. Companies must be able to know how to retain their customers so as not to turn to competitors.Especially in the field of coffee drinks business which is currently being rife in Surabaya. This research (...) usesa Quantitative Approach is a research approach that uses data in the form of figures from survey answersdistributed to research samples and analyzed using statistical analysis techniques. The partial regressionresults (t-test) showed the results of the brand image proved to have a significant effect on the decision topurchase coffee drinks at Janji Jiwa Royal Plaza Surabaya. Value is proven to have a significant effect oncoffee beverage purchase decisions at Janji Jiwa Royal Surabaya. Simultaneous regression analysis (F-test)proved to have a significant effect on brand image and value on coffee beverage purchase decisions at JanjiJiwa Royal Surabaya. (shrink)

Philosophical accounts of freedom typically fail to capture an important kind of freedom—freedom to change what one cares about—that is central to our understanding of what it is to be a person. This paper articulates this kind of freedom more clearly, distinguishing it from freedom of action and freedom of the will, and gives an account of how it is possible. Central to this account is an understanding of the role of emotions in determining (...) what we value, thus motivating a rethinking of the importance of emotions in the mental lives of persons. (shrink)

This essay explores the psychological freedom that emerges from the acceptance of death, arguing that it should not be seen as merely a one-sided freedom of death without the complementary freedom of life. While death is often met with dread and fear, it can foster a sense of authenticity and alignment with personal values. However, this realization must also emphasize the importance of life, as the goal of psychological well-being lies in living, not just acknowledging death. This (...) balance allows us to live fully, prioritize meaningful experiences, and discard trivial concerns. By drawing on Carl Sagan’s reflections on humanity’s insignificance within the cosmos, this essay encourages empowered and responsible living that embraces both life and death. (shrink)

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be (...) thought to be undermining the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

The debate on whether and how the Internet can protect and foster human rights has become a defining issue of our time. This debate often focuses on Internet governance from a regulatory perspective, underestimating the influence and power of the governance of the Internet’s architecture. The technical decisions made by Internet Standard Developing Organisations that build and maintain the technical infrastructure of the Internet influences how information flows. They rearrange the shape of the technically mediated public sphere, including which rights (...) it protects and which practices it enables. In this article, we contribute to the debate on SDOs’ ethical responsibility to bring their work in line with human rights. We defend three theses. First, SDOs’ work is inherently political. Second, the Internet Engineering Task Force, one of the most influential SDOs, has a moral obligation to ensure its work is coherent with, and fosters, human rights. Third, the IETF should enable the actualisation of human rights through the protocols and standards it designs by implementing a responsibility-by-design approach to engineering. We conclude by presenting some initial recommendations on how to ensure that work carried out by the IETF may enable human rights. (shrink)

In this article, I cast doubt on an apparent truism, namely, that if evidence is available for gathering and use at a negligible cost, then it’s always instrumentally rational for us to gather that evidence and use it for making decisions. Call this ‘value of information’ (VOI). I show that VOI conflicts with two other plausible theses. The first is the view that an agent’s evidence can entail non-trivial propositions about the external world. The second is the view that (...) epistemic rationality requires us to update our credences by conditionalization. These two theses, given some plausible assumptions, make room for rationally biased inquiries where VOI fails. I go on to argue that this is bad news for defenders of VOI. (shrink)

Spinoza is a hardcore realist about the nature of human beings and their desires, ambitions, and delusions. But he is neither a misanthrope nor in the business of glorifying the notion of a primal and innocent non-human nature. As he writes: Let the Satirists laugh as much as they like at human affairs, let the Theologians curse them, let Melancholics praise as much as they can a life that is uncultivated and wild, let them disdain men and admire the lower (...) animals. Men still find from experience that by helping one another they can provide themselves much more easily with the things they require, and that only by joining forces can they avoid the dangers that threaten on all sides. Indeed, Spinoza’s Ethics is a book whose aim is to lead us toward human blessedness and freedom. The question I will try to answer in the present study, then, is the following. Given his sober attempt to rid humanity of its self-aggrandizing illusions and to offer a naturalistic account of human nature, what does Spinoza see as the source of the value of humanity (if it has any)? In order to address the various aspects of this question, I will begin by examining the value of human friendship. Then, in the second part of the paper, I will consider the thorny question of whether Spinoza’s deflationary view of humanity’s status within nature allows for any notion of human dignity. In the third and final part, I will examine the value Spinoza ascribes to rationality, and the implications of this issue for his understanding of the value of humanity. (shrink)

This article advances two views on the role of evaluative judgment in clinical assessments of decision-making capacity. The first is that it is rationally impossible for such assessments to exclude judgments of the values a patient uses to motivate their decision-making. Predictably, and second, attempting to exclude such judgments sometimes yields outcomes that contain intractable dilemmas that harm patients. These arguments count against the prevailing model of assessment in common law countries—the four abilities model—which is often incorrectly advertised (...) as being value-neutral in respect of patient decision-making both by its proponents and in statute. A straightforward evaluative model of capacity assessment which wears its values on its sleeves and is biased against what are called ‘serious prudential mistakes’ avoids these rational and practical problems. (shrink)

This article solves the problem of ensuring database decision-making in conditions of growing uncertainty and risks based on the results of business diagnostics is solved in this article. The main purpose of the research is to further develop the methodology of forming an analytical database for making management decisions. The following methods formed the methodological basis of the research: abstract-logical – used to generalize theoretical approaches and confirm the practical significance of solving the problem of decision-making in conditions (...) of uncertainty and risk; system analysis – when building a model of decision-making while coordinating areas and methods of business diagnostics; generalization – when drawing conclusions based on research results. The results of solving the problem of decision-making by improving the methodological approach in selecting areas and methods of business diagnostics in the conditions of growing uncertainty and risks are given in the article. The results of the research have practical value for companies that seek to reduce uncertainty and risk in the decision-making process in business management. (shrink)

This paper argues that the plethora of experiments with decentralized social technologies (DSTs)—clusters of which are sometimes called “the Web 3.0 ecosystem” or “the Fediverse”—have brought us to a constitutional moment. These technologies enable radical innovations in social, economic, and political institutions and practices, with the potential to support transformative approaches to political economy. They demand governance innovation. The paper develops a framework of prudent vigilance for making ethical choices in this space that help to both grasp positive opportunities for (...) transformation and avoid the potentially problematic consequences. Most of our specific examples and concerns come from the blockchain/Web3 universe, as this has received the greatest investment, attention, and adoption to date. However, we aim to offer a framework for governance decision-making in conditions of uncertainty that applies more broadly to other DSTs. Specifically, under the framework of prudent vigilance, we propose a pragmatic, democratic, and pluralist approach to navigating bold experimentation with social practices and political economy enabled by these technologies. Our overarching goal is to provide a framework open to transformative improvement and constrained by guardrails and guiding values supportive of democracy, freedom, and pluralism. We take a relatively strong position, rather than simply laying out ethical issues and potential approaches. We seek to be provocative in order to spur further work and hope this paper will serve as a first bridge between academic philosophy and the DST community, which have hardly interacted to date. (shrink)

The Shadow of God in the Philosopher’s Garden. The Parc de La Villette in Paris in the context of the philosophy of chôra I Bernard Tschumi’s project of the Parc de La Villette could have won the competition and was implemented thanks to the political atmosphere that accompanied the victory of the left-wing candidate in the French presidential elections in 1981. François Mitterand’s revision of the political programme and the replacement of radical reforms with the construction of prestigious architectural objects (...) and urban assumptions in the French capital gave Tschumi a unique opportunity to realise ideas that polemicised with traditional forms of social life, questioned the basic principles of architecture and included architectural work in the philosophical disputes over the issues of metaphysics. Tschumi’s theoretical assumptions put forward during the design of the Parc de La Villette highlighted the questions of conflict between the main components of the project and suggested that the intensification of differences was analogous to Jacques Derrida’s creation of the concept of différance. It was this philosopher who in a special commentary to Derrida’s project also introduced the concept of maintenant, which aimed at demonstrating that the architect’s polemical inclinations remain in a hidden balance with his inclinations to affirmation of architectural principles. During the discussion between Derrida and Peter Eisenman, who was to take part in the design of the Parisian park, the concept of the chôra was also put forward, which in the course of the debate led to an additional confusion of architectural and philosophical problems. II In the period from the Antiquity to the Renaissance, the dialogue Timaeus was the most frequently commented work of Plato. At present, the most frequently discussed is the issue of the chôra included in it, which aroused fascination among philosophers, researchers of rhetoric, religion, feminism, but also architecture. The work on the chôra also influenced the development of the interpretation of the Parc de La Villette, among which the topics related to the beginning and the change were highlighted. In early uses of the word chôra in Greek, as in Homer’s 18th Book of Iliad, it meant both dancing and a place to dance. On this occasion, it can be seen that it is not possible to determine which phenomenon took precedence in the creation of the name. It cannot be denied, however, that the word concerned a specific movement, as if circular and returning to an indefinable beginning. Despite gaining more and more general meanings, the word chôra has retained its connection with the dance of people on the threshing floor, the dance of bees (choros meliton) or the dance of stars (choros astron). In Timaeus, the chôra is a space filled with movement with an effect similar to shaking the sieve to husk the grain: it separates similar elements from the dissimilar ones. The juxtaposition of the Parc de La Villette and the chôra already at this stage leads to the suggestion that the park was treated by the architect as a place of dynamic changes leading to the establishment of new social solutions. In his statements, the architect confirmed that the park was to be a space of new politics and ethics. The book by Julia Kristeva La Révolution du langage poétique contributed to the spread of the belief that works of art can play a role as factors of political revolution. In this work, the author put forward the thesis that the chôra is a kind of space, the character of which has a destructive influence on attempts to conclude language games. The chôra gives beginning to words, but at the same time, by leaving a trace of this beginning it forces us to renew their meanings. The chôra understood in this way, turns out to be an irremovable beginning, to which one has to return all the time. Kristeva found manifestations of the chôra’s activity in avant-garde French poetry, to which she attributed the role of a mediator between criticism of metaphysics and aspirations for social change. The chôra, violating the language, introduces some voids into it, as if traces of the abyss, which direct the consciousness towards understanding the necessity of political changes. The Parc de La Villette was to pursue similar objectives in the city space. In his essays, Tschumi considered the problems of creating spaces that would give rise to a radical democracy. The proposed rebellious spaces should have the characteristics of a void, in which contradictory forces would occur as forms of pure activity. The means of achieving this goal was to concentrate contradictions and make them visible. The Parc de La Villette was supposed to collect differences as indelible and at the same time by showing them it was supposed to raise awareness of the social world as a conglomerate of differences. Saturation of the space of the park with subversive values results from the character of this space suppressed in the consciousness, as well as from the social diversity which has not been taken into account so far. The main contradictions contained in space relate to the division that exists between its presentation as a mental problem and a sensual one. The park was the deliberate creation of a place that transcends such a division and creates a separate space for negotiation between architectural theories and its practical applications. The purpose of the park was to become a place of future events, which would not hide their conflicting character coming from diversity of both space and society. The method of composition usually aimed at achieving a harmonious whole has been replaced by Tschumi with a system of juxtaposition of non-coherent elements or those resulting from variations and transformations. Tschumi did not seek direct influence on politics in the Parc de La Villette, but made room for thinking about the possibilities of the future. He introduced problems rather than showed solutions to them. The task of the park was to put the principles of architecture into a kind of vibration that would inspire users to participate in the new community. III Tschumi believes that the quality of architecture depends on the theoretical factor it contains. Such a view led to the creation of architecture that would achieve visibility and comprehensibility only after its interpretation. On his way to creating such an architecture he took on a purely philosophical reflection on the basic building block of architecture, which is space. In 1975, he wrote an essay entitled Questions of Space, in which he included several dozen questions about the nature of space. The questions he formulated could be regarded as analogous to the situation in the philosophy of the time, in which the interest in questioning the most obvious forms of understanding the world and intellectual categories increased. The research on space is an area common to many fields of natural sciences, humanities and artistic creation, but it also deals with other problems, such as issues of experience. The concept of space-time continuum proposed by Hermann Minkowski drew attention to the identity of time and space with the events taking place. Probably regardless of the postulates of physicists commenting on Albert Einstein’s discoveries, also in philosophy it increased the importance of the concept of the event which became dominant in Martin Heidegger’s latest work Contributions of Philosophy: Of the event. Furthermore, Tschumi’s reflections on space entered into relation with the problem of experience, which aroused the interest of a group of French philosophers trying to assimilate Georges Bataille’s concept of “inner experience”. Both Tschumi and Derrida referred to Bataille because his views could be used not only to modify the concept of the subject, but also to change the understanding of what constitutes the area of architecture. The discussion on experience has led to the recognition that the subject is not sovereign, but actually a form of what is on their outside. Such insights make it possible to treat the area of the Parc de La Villette as existing mainly when it is organised by its users. The decisive features of the park are its assumptions, according to which it is a variety of active void that leads to agreeing new social relations with it. The park does not force to participate in already existing moral or political communities, but tries to move into an unknown future in which the scope of free functioning of individuals will be increased. Doubts about the principles of functioning of the individual self and its discovery as a whole composed of non-coherent parts, as well as its dependence on its own depth full of disordered forces, influenced the understanding of architecture as a set of contradictions whose source is a fundamental void anticipating the empty phenomenal space. The use of this phenomenal void in architecture, as well as the rejection of the whole and unity, had a specific political purpose and drew its inspiration from political analyses. In the Parc de La Villette, metaphysics and politics were brought closer together because the philosophy of void was used to create new conditions for community action. It can be argued that the source of this philosophy was the perception of errors in existing societies dependent on the shortcomings of traditional metaphysics. Spacing (espacement) was one of the key terms in Derrida’s philosophy, which was also combined with the concepts of différance and chôra. The study of the nature of space, especially its transition from the level of pure possibility to the level of sensual phenomenon, also contributes to understanding how well designed space can have an impact on its audience. This explanation is based on Tschumi’s assumption that the space of the Parc de La Villette contradicts the integrating approaches and instead exposes contradictions, but it does so in a way that combines incompatible properties into a single piece of architecture. The specificity of such integration is similar to the invention of a musical phrase, which is an ideological message: moral and political. Such a thesis may raise doubts, however, if both the clearly adopted assumptions and those deduced from the work allow for their logically ordered presentation then to a limited extent it may be assumed that the work has achieved a connection between a specific philosophy of space and its practical application. Derrida combined the problem of spatiality with the problem of transcendental imagination in the philosophy of Immanuel Kant, who in the first version of Critique of Pure Reason assumed that pure imagination precedes the appearance of time and space, even in their transcendental forms. The imagination in such a situation can be described as a factor activating time and space, which indicates what function is played by movement in this activity. This leads us to recognize that the ultra originary source of pure forms of sensual intuition is movement, which in early Greek philosophy was identified with void and its lack of resistance to phenomena occurring in it. Derrida’s philosophy in search of a certain super-transcendental source of time and space pointed to différance which, like void or the chôra, does not have material features or even any other form of being. Différance is the primary cause of the disruption of motionlessness and the introduction of activity into motionless time and space, thus its activity can be described as spacing (espacement). Derrida’s discoveries in this respect are not entirely original, because Georg Wilhelm Friedrich Hegel already pointed out when examining the present that it is primarily a differential relation (differente Beziehung), which, being seemingly neutral, influences the present with supernatural force and makes it unidentifiable with itself. Differente Beziehung must similarly influence the originary space, negating its initial character by multiplying its divisions and expanding its boundaries. Différance acts by revealing contradictions wherever there is apparent undifferentiation. Tschumi, composing the Parc de La Villette as a variety of void and a set of incompatible layers, followed the rules of différance or the chôra: he made void visible together with its saturation with contradictions. If space can be considered to be the result of the activity of difference, such activity has a certain regularity, which influences the behaviour of its observers. Differences or contradictions fall into a certain rhythm, which can be considered a manifestation of transcendent order. The problem is that what can be considered the source of such order, namely the logos or God, is partly disorder and error. According to descriptions contained in Timaeus, the world is a combination of forces that drive to order with forces of erroneous necessity that resounds in every order and forces it to return to disorder. Derrida denied the possibility of understanding différance as a theological value, even if it were a negative or apophatic theology, but no categorical denial could be perfect. The assumption that différance or the chôra are not endowed with any substance properties cannot deny their activity, and thus a certain force. Already since Democritus, philosophy has multiplied the names of such a force and the contradictory variety of its manifestations, never forgetting also the necessity for reason to withdraw from the possibility of giving its correct characteristics. Such a withdrawal may be interpreted as an expression of respect and, in certain situations, as a cult of the force that precedes reasonableness. The Parc de La Villette, which is an artistic divagation about the contradictions and forces behind them, can be considered as a place of their sublimation, and therefore as a variation of the temple of what differs from order and disorder. IV In the texts that presented the theoretical assumptions of the Parc de La Villette, Tschumi used a large number of terms that contradicted not only the traditional principles of composing architecture, but also negated the rules of social order and the foundations of Western metaphysics. Tschumi’s statements, which are a continuation of his leftist political fascinations from the May 1968 revolution, as well as his interest in the philosophy of French poststructuralism and his collaboration with Derrida, prove that terms such as “disruption”, “dissociation”, “disfunction”, “disjunction” and “dispersion” not only referred to architectural problems but also applied to political criticism and the deepest foundations of thinking itself. His collaboration with Derrida manifested itself primarily in the publication La Case Vide: La Villette 1985, in which the architect’s design drawings and texts explaining his concepts related to the Parc de La Villette were accompanied by an extensive essay by Derrida, which included theoretical problems taken up by Tschumi in a philosophical context. Architectural and philosophical issues were also combined during seven discussion meetings organised by Eisenman, invited by Tschumi to collaborate on the design of the Parc de La Villette. Eisenman, who, like Tschumi, invited Derrida to participate in the design of the park and also led to the publication of Chora L Works: Jacques Derrida and Peter Eisenman, in which his ideas were confronted with Derrida’s philosophical text. In this case, Derrida’s essay was not a direct commentary on the architect’s concepts, but rather a reflection on the question of the chôra presented by Plato in Timaeus. During the discussion and in his essay, Derrida pointed out that the chôra is a component of the created world, yet it does not belong to it, but precedes it. The originality of the chôra is so radical that she also precedes all the factors of creating the world, including ideas and the Demiurge. Thus athesis appeared in the metaphysics of the West that the chôra is a form of active abyss, in relation to which all beings are secondary, both those perfect (as ideas or God) and those created, such as the world, things, people or language. This leads to the conclusion that the chôra does not exist, because all existence is a derivative of the chôra. Nor could the chôra be described, since it is a form of developing a space that is preceded by a lack of space characteristic of the chôra. Derrida intended the chôra to be an instance with an exceptional degree of transcendentalism, an anti-metaphysical instance, but also an a-theological one. However, this attempt failed, both in the field of secular philosophy and in the field of theology. Derrida’s characteristics of the chôra to strengthen its transcendentalism and negation of metaphysics had to be expressed in a language that immediately produces new concepts and a new metaphysics that reproduces the categories of the beginning, the origin or the foundation known from earlier philosophical traditions. All forms of criticism of metaphysics are also inspired by negative, apophatic and mystical theology. The undermining of many concepts of permanent meaning and the introduction of new concepts of unstable meaning, characteristic of the philosophy of deconstruction, had many features of originality, but it was directed towards problems whose solutions repeat, with the use of new vocabulary, the findings known in culture since Democritus. Thus, if apophatic philosophy can be regarded as deconstruction avant la lettre, then deconstruction itself in its late versions began to take on the features of a new religion. The exchange of inspiration between theology and deconstruction was manifested in a series of scientific conferences and publications in which Derrida’s philosophical concepts were interpreted within the scope of religious thought. Theological threads began to be found in such concepts of deconstruction as différance or the chôra, while at the same time Derrida himself undertook in his philosophy to study problems such as the Other (L’Autre) or the Impossible (Impossible), which belonged to newer theological traditions. As a consequence of the new problems, the deconstruction became closer to the features of a new religion. Philosophy, at least from Kant’s time, has tried to create a system that would take over from religion the tasks of setting moral and political goals. Similarly, Derrida has directed his interest towards the problems of democracy and ethics, which would enable their renewal. Attempts to create a new religion (cleared of old metaphors), a new community or a new democracy bring problems and threats which may be no less troublesome than the previous systems. All promises of freedom carry with them threats, the greater the more they strive for perfection. The renewal of existential orders, sometimes carried out by means of violent changes, is a certain repetitive feature of human cultures. Deep changes, however, do not protect against the return of both old gods and old demons. Tschumi and Derrida were shaped in their youth by the atmosphere of leftist rebellion against the moral and political limitations of ossified communities and the imperfections of democracy. The ethical theme distinguishes many of their works, including the Parc de La Villette. The opposition to the metaphysical traditions of philosophy and architecture contained in this park was prompted by specific political situations and resulted from bringing political issues to the level of philosophical considerations. Achievements made at the level of pure concepts were then subject to elevation, to a kind of sacralization, which made them religious concepts. The deconstruction reached for the status of the new religion especially when it found its followers and began to generate moral obligations. In the new situation, terms such as the chôra, l’Autre or the Impossible were absolutized and in relation to them a cult and attitude of adoration emerged. The Parc de La Villtette then gained new post-secular meanings, which allow it to be assigned the function of a Temple of Otherness (L’Autre) and Impossible. V In the traditional sense, a work of art creates an illustration of the outside world, or of a certain text or doctrine. Sometimes it is considered that such an illustration is not literal, but is an interpretation of what is visible, or an interpretation of a certain literary or ideological message. It can also be assumed that a work of art creates its own visual world, a separate story or a separate philosophical statement. Parc de La Villette represents the last of these possibilities: it is a philosophical statement that develops the premises derived from poststructuralist philosophies and the philosophy of deconstruction. The uniqueness of its being status, however, is that it does so not only at the level of the theoretical assumptions, but also through its functioning as an active philosophical work. This means that a park is a happening philosophy. Its activity, however, does not refer only to the present tense, but is also an attempt to penetrate the future, all otherness and impossibility. This kind of activity assumes that the work, in a sense, does not yet fully exist, but is also still produced in the processes of its interpretation. The theoretical foundations of the park included texts by Tschumi, in which he questioned traditional ways of creating a work of architecture, postulating in return the use of a long series of negations, which were comparable to the crisis of metaphysics characteristic of contemporary philosophy. It is therefore no coincidence that the publication containing Tschumi’s theoretical text on Parc de La Villette was accompanied by an essay by Derrida developing some of the architect’s concepts. The next step in integrating philosophy into the process of park design was a series of discussions between Eisenman and Derrida, who completely moved the creation of the park into the world of thoughts, without accentuating the need for their realization in the material reality. The main topic of these discussions was the problem of the chôra, which was taken up by later commentators and used to interpret the park as a work in which the philosophy of the beginning is manifested relating to issues of politics, morality and religion. The park was therefore interpreted as a space of invention within the scope of creating new rules of functioning of the community and democracy. Thinking about the political future may, however, exceed the horizon of ordinary expectations. Although philosophical thought is always connected with contemporary problems and metaphysics sometimes intertwines with current politics, yet at the same time the customs of philosophy also include crossing horizons and thinking about absolute otherness and impossibility. Initially, the chôra, différance, absolute otherness (tout autre) and the Impossible were concepts of pure philosophy of atheistic character, but with the further development of the discussion, more and more theological motifs began to emerge. One of the reasons for this phenomenon was the fact that radical negations of all being, which were contemplated in contemporary philosophy (by Heidegger and Derrida, among others), had previously been manifested in negative and apophatic theologies (by Master Eckhart, among others).Also the category of the “Other”, taken from Emmanuel Levinas, was clearly connected with the thought about God. A further reason for connecting the chôra with the theological thought was the interest in the philosophy of deconstruction expressed by some theologians. John Caputo in particular managed to persuade Derrida to participate in discussions on the current status of religion. In the late period of Derrida’s writing, further statements on religious topics appeared. All these reasons led to posing a question about the identity of the chôra and God. Although there were no satisfactory conclusions on this issue, the discussion was also important to create an interpretation of the park as a place of worship. The chôra, representing, according to Plato, the preoriginal emptiness is the place of every beginning, but it turns out that it is not neutral to the being created in it. The chôra deposits itself in every being as an irremovable beginning that interferes with its stability. The chôra, therefore, forces us into a palintropical movement, but it also turns out to be a pure compulsion, an erring necessity and a fundamental force from which, in the human perception, motifs useful to the individual and to the community are extracted. All definitions of this force, including its anthropomorphisation, are formulated in such a way that they allow for building private and collective morality upon them. Such definitions are changed depending on variable political situations. It is difficult to determine whether in the processes of changes in the formulation of “God’s names” any essential value is retained, which is not subject to change. The current definitions of the chôra (God?), which can be found, for example, in the philosophy of Caputo, stress that she is a combination of various and contradictory forces. This characteristic inherits much of Plato’s concept, reminds us of Master Eckhart’s views on Gottheit and, at the same time, is not unfamiliar to Tschumi, whose essays were an apologia of contradictions. The current concept of chôra, transferred into the sphere of politics, is the praise of social diversity and the protection of the difference from the forces of order. In the Parc de La Villette, the future community and democracy were elevated as a system of safe existence of individuals in all their singularity. The park is a temple of a future community in which individual beings have nothing in common. (shrink)

This paper explores the idea that it is instrumentally valuable to learn normative truths. We consider an argument for "normative hedging" based on this principle, and examine the structure of decision-making under moral uncertainty that arises from it. But it also turns out that the value of normative information is inconsistent with the principle that learning *empirical* truths is instrumentally valuable. We conclude with a brief comment on "metanormative regress.".

We show that in the Maxwell–Lorentz theory of classical electrodynamics most initial values for fields and particles lead to an ill-defined dynamics, as they exhibit singularities or discontinuities along light-cones. This phenomenon suggests that the Maxwell equations and the Lorentz force law ought rather to be read as a system of delay differential equations, that is, differential equations that relate a function and its derivatives at different times. This mathematical reformulation, however, leads to physical and philosophical consequences for the ontological (...) status of the electromagnetic field. In particular, fields cannot be taken as independent degrees of freedom, which suggests that one should not add them to the ontology. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to (...) fill this void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

The process of decision making is predictable and irrational according to Daniel Ariely and other economic behaviorists, historians, and philosophers such as Daniel Kahneman or Yuval Noah Harari. Decisions made anteriorly can be, but don’t have to be, present in the actions of a person. Stories and shared belief in myths, especially those that arise from a system of human norms and values and are based on a belief in a “supernatural” order (religion) are important. Because of this, mass (...) cooperation amongst strangers is possible. (shrink)

Natural history specimens were collected for diverse reasons, but modern, and likely future, uses often diverge from why they were collected. For example, specimens are sometimes integrated into conservation decision-making, where some practitioners claim that specimens may be necessary or extremely important for conservation in general. This is an overstatement. To correct this, I engage with the current literature on specimen collection to show that while specimens have epistemic shortcomings, they can be useful for conservation projects depending on the (...) questions or values of scientists and conservation decision-makers. This modest approach acknowledges that specimens provide a unique information channel while demarcating where and when values intercede into conservation planning. In light of the specimen’s utility for future, sometimes unknown, projects, I also make recommendations for modern specimen collection. (shrink)

This chapter explores the idea that phylogenetic diversity plays a unique role in underpinning conservation endeavour. The conservation of biodiversity is suffering from a rapid, unguided proliferation of metrics. Confusion is caused by the wide variety of contexts in which we make use of the idea of biodiversity. Characterisations of biodiversity range from all-variety-at-all-levels down to variety with respect to single variables relevant to very specific conservation contexts. Accepting biodiversity as the sum of a large number of individual measures results (...) in an empirically intractable framework. However, large-scale decisions cannot be based on biodiversity variables inferred from local conservation imperatives because the variables relevant to the many systems being compared would be incommensurate with one another. We therefore need some general conception of biodiversity that would make tractable such large-scale environmental decision-marking. We categorise the large array of strategies for the measurement of biodiversity into four broad groups for consideration as general measures of biodiversity. We compare common moral justifications for the conservation of biodiversity and conclude that some form of instrumental value is the most plausible justification for biodiversity conservation. Although this is often interpreted as a reliance on option value, we opt for a broadly consequentialist characterisation of biodiversity conservation. We conclude that the best justified general measure of biodiversity will be some form of phylogenetic diversity. (shrink)

Purpose – The study aims at clarifying whether locus of control may act as a bias in organisational decision-making or not. -/- Design/methodology/approach – Altogether 44 managers working at Skanska (a Swedish multinational construction company) participated in the study. They were asked to complete a booklet including a locus of control test and a couple of decision tasks. The latter were based on case scenarios reflecting strategic issues relevant for consultative/participative decision-making. -/- Findings – The results revealed (...) that managers with low external locus of control used group consultative decision-making more frequently than those with high locus of control. There was also a tendency showing that high externals more frequently used participative decision-making than low externals. This was in line with the general trend, indicating that managers on the whole predominantly used participative decision-making. -/- Originality/value – The results of the present study are valuable for HRM practice, especially with regard to the selection of individuals to management teams. (shrink)

Some environmental ethicists and economists argue that attributing infinite value to the environment is a good way to represent an absolute obligation to protect it. Others argue against modelling the value of the environment in this way: the assignment of infinite value leads to immense technical and philosophical difficulties that undermine the environmentalist project. First, there is a problem of discrimination: saving a large region of habitat is better than saving a small region; yet if both outcomes (...) have infinite value, then decision theory prescribes indifference. Second, there is a problem of swamping probabilities: an act with a small but positive probability of saving an endangered species appears to be on par with an act that has a high probability of achieving this outcome, since both have infinite expected value. Our paper shows that a relative concept of infinite value can be meaningfully defined, and provides a good model for securing the priority of the natural environment while avoiding the failures noted by sceptics about infinite value. Our claim is not that the relative infinity utility model gets every detail correct, but rather that it provides a rigorous philosophical framework for thinking about decisions affecting the environment. (shrink)

The basic axioms or formal conditions of decision theory, especially the ordering condition put on preferences and the axioms underlying the expected utility formula, are subject to a number of counter-examples, some of which can be endowed with normative value and thus fall within the ambit of a philosophical reflection on practical rationality. Against such counter-examples, a defensive strategy has been developed which consists in redescribing the outcomes of the available options in such a way that the threatened (...) axioms or conditions continue to hold. We examine how this strategy performs in three major cases: Sen's counterexamples to the binariness property of preferences, the Allais paradox of EU theory under risk, and the Ellsberg paradox of EU theory under uncertainty. We find that the strategy typically proves to be lacking in several major respects, suffering from logical triviality, incompleteness, and theoretical insularity. To give the strategy more structure, philosophers have developed “principles of individuation”; but we observe that these do not address the aforementioned defects. Instead, we propose the method of checking whether the strategy can overcome its typical defects once it is given a proper theoretical expansion. We find that the strategy passes the test imperfectly in Sen's case and not at all in Allais's. In Ellsberg's case, however, it comes close to meeting our requirement. But even the analysis of this more promising application suggests that the strategy ought to address the decision problem as a whole, rather than just the outcomes, and that it should extend its revision process to the very statements it is meant to protect. Thus, by and large, the same cautionary tale against redescription practices runs through the analysis of all three cases. A more general lesson, simply put, is that there is no easy way out from the paradoxes of decision theory. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to (...) express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)