The courts have experienced difficulty in justifying the imposition of liability to third parties for negligent misstatements. The justifications ordinarily invoked relate to notions of assumption of responsibility and detrimental reliance. These can be seen, in turn, to rest upon a normative framework of give and take (or «mutuality») between statement makers and third party recipients. This article challenges the cogency of that normative framework and offers an alternative based upon the remedial nature of tort, which has traditionally focused upon (...) the particular interactions by which wrongdoers have caused harm to others. The most important indicators of liability to third parties relate, in turn, to normatively significant features of the causal sequence between acting and the infliction of harm. These indicators, it is submitted, are (i) actual knowledge of the likelihood of harm if care is not taken and (ii) the tightness of the causal connection. (shrink)

In this paper it is argued that courts must, where appropriate, take into account the fact that National Health Service hospitals are under‐funded when they determine the standard of care owed by such hospitals and their professional staff to patients. Although this suggestion is inconsistent with the traditional view of the courts, its adoption would bring negligence cases into harmony with judicial review decisions. It would also cohere with a new understanding of accident causation within complex organisations, which suggests that (...) many of the injuries suffered by patients in under‐funded hospitals are the result of systemic failures that cannot necessarily be attributed to those who are the last actors in the causal chain leading to damage. (shrink)

The environmental economic response to mainstream neo-classical economics’ disconnect from the natural world was to value external environmental costs and include those into decisions about human welfare. The ecological economic response, heavily influenced by systems ecology, brought the concept of ecological scale or carrying capacity, as a limit to human choice. The divisions between these two theories are not merely cosmetic as illustrated by the highpolitical stakes in recent economic and environmental debates. This article concerns itself specifically with the question (...) how Christian economists position themselves towards the unfolding ecological and economic crises. It is shown that the main positions taken in the policy debates on economy and ecology are closely mirrored in the broader Christian economic community, raising the question whether the Christian economic tradition does have anything particular to offer in response to the ecological and economic crises. We approach this question from two angles, first, reviewing the literature on an earlier debate by the Association of Christian Economists on what Christian economists should be doing and, second, reviewing the literature on the relationships between Christianity and environmental beliefs and behaviour. With reference to eco-theological literature on the varying theological views on the relationship between humanity and the rest of creation, and on different expectations of the eschaton, it is shown why such diverging positions are taken among Christian economists. Nevertheless, the objective reality of Jesus Christ demands a particular Christian ethics and behaviour, which in turn, kindles fertile questions for Christian economists in their practical engagement withthe economic and ecological sciences and with broader culture. (shrink)

For Gianni Vattimo in his essay Belief , the widespread modern conviction that the longing for lucidity and religiosity are irreconcilable has today become questionable. In this article the author first discusses an actual instance of the philosophical yearning for lucidity, namely ‘cognitive melancholy'. This melancholia already appears in the sociologist Max Weber's diagnoses of the ‘disenchantment of the world' and of the separation of faith and kwowledge. The author sharpens somewhat further the dualism to which Weber pointed, and relates (...) it to Vattimo's attempt at softenung this dualism – of even abrogating it altogether by reconciling Christian religion with modernity. Some critical observations with regard of this attempt evoke the question of whether philosophical lucidity should not be pursued further than Vattimo does. In consequence of this the radical thrust of the Christian religion to which Vattimo claims to be returning can be percieved more clearly. (shrink)

Thanks largely to the work of Robert Adams and Philip Quinn, the second half of the twentieth century witnessed a resurgence of interest in divine command theory as a viable position in normative theory and meta-ethics. More recently, however, there has been some dissatisfaction with divine command theory even among those philosophers who claim that normative properties are grounded in God, and as a result alternative views have begun to emerge, most notably divine intention theory (Murphy, Quinn) and divine motivation (...) theory (Zagzebski). My goal here is to outline a distinct theory, divine desire theory, and suggest that, even if it is not clearly superior to these extant views, it is at least worthy of serious consideration.1 As far as this paper is concerned, the discussion will be limited just to the deontic status of actions (obligatory, permissible, forbidden), and so no attempt will be made to also account for axiological properties such as goodness or evil. In order to get oriented to the range of deontological views in this area, consider the following three rough characterizations. (shrink)

The standard of proof in criminal trials should require that the evidence presented by the prosecution is robust. This requirement of robustness says that it must be unlikely that additional information would change the probability that the defendant is guilty. Robustness is difficult for a judge to estimate, as it requires the judge to assess the possible effect of information that the he or she does not have. This article is concerned with expert witnesses and proposes a method for reviewing (...) the robustness of expert testimony. According to the proposed method, the robustness of expert testimony is estimated with regard to competence, motivation, external strength, internal strength and relevance. The danger of trusting non-robust expert testimony is illustrated with an analysis of the Thomas Quick Case, a Swedish legal scandal where a patient at a mental institution was wrongfully convicted for eight murders. (shrink)

The ArgumentThis essay describes the emergence and stabilization in French and English experimental accounts, in second half of the seventeenth century, of the narrative sequence: X did (some process in the laboratory) and X saw (something happen), where X stands for a pronoun, I or we in English,je, nousoronin French. Focussing on the French case, it shows how the use of the collective pronounonin the experimental accounts registered in the files of the Académie des Sciences is directly related to the (...) will of this newly created institution to assert a collective authority on the production and legitimization of experimental matters-of-fact produced in the laboratory. It is argued, through the case of the discovery of the blind spot in the eye by Mariotte, that this new narrative form imbeds a construal of the experiment as a public spectacle, and of the proof as a witnessing event, which eludes the Academy's attempts to monopolize the process of fact validation and favors the diffusion and display of experiments in front of larger audiences. The question of whether a privileged witness such as the King of France who patronized the Academy could not have constituted by himself a suitable audience to ensure a full legitimization of experimental matters-of-fact while remaning within the bounds of academic practices is addressed. It is answered in the negative by providing evidence for the lack of interest of the absolute monarch in experiments. On the other hand, the outdoor practices of observation and measurement are shown to interfere in a constructive manner with the absolutist power and to capture the attention of the absolutist monarch, where laboratory experiments had failed. It is proposed that natural philosophers in the early modern period bear the burden of proof in buying credibility for the phenomena they try, by paying a tribute to the standing of the patrician elites that witness their experiments. This makes sense in a straightforward manner of the lack of interest of the King of France in a practice which exalts the power of the very group he is trying hard to control through the absolutist structure of power. (shrink)

Two plausible claims seem to be inconsistent with each other. One is the idea that if one reasonably believes that one ought to fi, then indeed, on pain of acting irrationally, one ought to fi. The other is the view that we are fallible with respect to our beliefs about what we ought to do. Ewing’s Problem is how to react to this apparent inconsistency. I reject two easy ways out. One is Ewing’s own solution to his problem, which is (...) to introduce two different notions of ought. The other is the view that Ewing’s Problem rests on a simple confusion regarding the scope of the ought-operator. Then, I discuss two hard ways out, which I label objectivism and subjectivism, and for which G.E. Moore and Bishop Butler are introduced as historical witnesses. These are hard ways out because both of these views have strong counterintuitive consequences. After explaining why Ewing’s Problem is so difficult, I show that there is conceptual room in-between Moore and Butler, but I remain sceptical whether Ewing’s Problem is solvable within a realist framework of normative facts. (shrink)

The various institutional reforms which have led since the end of the 70s to the « privatisation of currency » have formed the main base on which the subsequent power of finance has been built, and, concurently, the dismantling of Welfare could take place. Core of this was the so-called autonomy of central banks, as their « umbilical cord » to national treasuries was severed. From then on, deficit financing and « keynesian » social expenditures became near-impossible. Emphasizing the autonomy (...) of central banks from politics was mostly an institutional mutation meant to free monetary policies from social pressure and make it totally subordinate to rent creation and financial accumulation. No wonder then that « securitisation » of the public debt closely followed on the prohibition to deficit financing social expenditures. And then the outcome was not a reduction, but an explosion of public debt! And as debt servicing becomes a principal item on the budget, the « excessive costs » of welfare provisions is blamed, and a further break-down of social services is called for. It is in the same vein that price inflation is controlled, but assets inflation and speculative bubbles dominate « developped » economies. Meanwhile, in order to compensate for increasing income inequalities and diminishing welfare benefits, an exacerbated form of « private households deficit spending »has come into its own, as witnessed by the subprime crisis and mounting credit card defaults. So we are moving from an entitlements-based provision of social goods to one based on the pure logic of capital and its cycles. The only way out lies in the resocialisation of currency, profound fiscal reforms, the demise of rent-seeking, and the institution of an universal « basic income ». (shrink)

In 1903 G.E. Moore celebrated a robust nonnaturalistic form of moral realism with the publication of his Principia Ethica. Subsequent years have witnessed the development and refinement of a number of views motivated at least in part by a deep resistance to the metaphysical and epistemological commitments of nonnaturalism. Over time, Moore’s view arguably has become the position of last resort for philosophers working in metaethics. Exactly one hundred years later, analytic metaethics has come full circle with the publication of (...) Russ Shafer-Landau’s Moral Realism: A Defence. Shafer-Landau confidently elaborates and defends a form of nonnaturalism about moral facts and properties, and conjoins his moral metaphysics with an anti-Humean theory of motivation, motivational externalism, reasons externalism, moral rationalism, and a hybrid of selfevident justification and reliabilism in moral epistemology. Needless to say, Shafer-Landau’s book is highly ambitious with respect to both the number of controversial theses it tries to defend as well as the antecedent skepticism it attempts to overcome. Regardless of whether its arguments are ultimately successful, Moral Realism deserves to be taken very seriously by anyone interested in metaethics, moral psychology, and the philosophy of action.1 In what follows, I will consider all five parts of Moral Realism in order, offering a brief summary of some of the main ideas in each section as well as raising a few objections (although without being able, in the space available, to do justice to all or even the majority of the interesting arguments with which the book is filled). (shrink)

Algorithms are used across a wide range of societal sectors such as banking, administration, and healthcare to make predictions that impact on our lives. While the predictions can be incredibly accurate about our present and future behavior, there is an important question about how these algorithms in fact represent human identity. In this paper, we explore this question and argue that machine learning algorithms represent human identity in terms of what we shall call the statistical individual. This statisticalized representation of (...) individuals, we shall argue, differs significantly from our ordinary conception of human identity, which is tightly intertwined with considerations about biological, psychological, and narrative continuity—as witnessed by our most well-established philosophical views on personal identity. Indeed, algorithmic representations of individuals give no special attention to biological, psychological, and narrative continuity and instead rely on predictive properties that significantly exceed and diverge from those that we would ordinarily take to be relevant for questions about how we are. (shrink)

In this paper we discuss the so called "quantum omelette" created by Bohr and Heisenberg through the mix of objective accounts and subjective ones within the analysis of Quantum Mechanics. We will begin by addressing the difficult relation between ontology and epistemology within the history of both physics and philosophy. We will then argue that the present "quantum omelette" is being presently cooked in two opposite directions: the first scrambling ontological problems with epistemological solutions and the second scrambling epistemic approaches (...) with ontological questions. A good example of the former is a new type of argumentation strategy attempting to justify the use of decoherence, namely, the "For All Practical Purposes" type of justification. We will argue that 'FAPP-type solutions' remain, at best, epistemological answers which not only escape the ontological questions at stake -regarding the quantum to classical limit- but also turn the original problem completely meaningless. The latter omelette can be witnessed in relation to some criticisms raised against the epistemic Bayesian approach to QM. We will argue that QBists have produced a consistent scheme that might allow us to begin to unscramble -at least part of- the "quantum omelette". In this respect, we will show why the epistemic QBist approach is safe from several criticisms it has recently received. We end our paper with a discussion about the importance of ontological approaches within foundations of QM. (shrink)

We are witnessing a return of cosmology in 20th and 21st century thinking. It is cosmology in the ancient greek sense of the word which addressed the entirety of what surrounds and carries us. Another term for this ongoing transformation is the ›planetary‹ which isn’t simply a synonym for the ›global‹. The planetary means a kind of boundless pervasion based on science and technology and transposing planet earth and human life from a culture-historical to a cosmic scale.

We are witnessing a return of cosmology in 20th and 21st century thinking. It is cosmology in the ancient greek sense of the word which addressed the entirety of what surrounds and carries us. Another term for this ongoing transformation is the ›planetary‹ which isn’t simply a synonym for the ›global‹. The planetary means a kind of boundless pervasion based on science and technology and transposing planet earth and human life from a culture-historical to a cosmic scale.

Through a hermeneutic-phenomenological reading we show the methodological commitments that support the approach of the interexistential theme, eminently in §26 of Being and Time and in constant consideration of its location and systematic dependence. This clarification allows, in positive contrast with the analysis of the world-environment of being-at-hand, to explain why the interexistential inquiry is set in motion within the primary daily horizon where the others are previously open, both mediately as intentional reference in the world-environment, as well as immediately (...) in the shared world. This initial approach in daily life is an inevitable methodological demand for the successful witnessing of the most basic being-with-another, thanks to which Heidegger manages to unveil the essential and a priori ontological structure of da-sein as being-with. (shrink)

ABSTRACT The past fifteen years or so have witnessed considerable progress in our understanding of how the human brain works. One of the objectives of the fast-growing field of neuroscience is to deepen our knowledge of how the brain perceives and interacts with the external world. Advances in this direction have been made possible by progress in brain imaging techniques and by clinical data obtained from patients with localized brain lesions. A relatively new field within neuroscience is neuroeconomics, which focuses (...) on individual decision making and aims to systematically classify and map the brain activity that correlates with decision-making that pertains to economic choices. Neuroeconomic studies rely heavily on functional magnetic resonance imaging (fMRI), which measures the haemodynamic response (that is, changes in the blood flow) related to neural activity in the brain. (shrink)

Vague language and corresponding models of inference and information processing is an important and challenging topic as witnessed by a number of recent monographs and collections of essays devoted to the topic. This volume collects fifteen papers, the majority of which originated with talks presented at the conference "Logical Models of Reasoning with Vague Information ", September 14-17, 2009, in Čejkovice, that initiated a EUROCORES/LogICCC project with the same title. At least two features set the current volume apart from other (...) texts: first, the interdisciplinary nature of the topic is nicely reflected by the wide range of interests of the authors, who include philosophers, linguists, logicians, as well as mathematicians and computer scientists. Secondly, all the papers are accompanied by comments written by other authors and a few outside experts. These comments and corresponding replies by the authors document the very lively ongoing debate on adequate models of vague language. (shrink)

On the art of perjury: the “ambiguous oaths” in the first French Novels. Every language possesses the elements intended to assert that what one says the truth, and specifically, formulas to take an oath. But the solemn oath is an act: perjury is punished as a crime. In medieval French, the linguistic formula of the oath is now well described: it is si m'aït Dieux (/se Dieus m'aït), always linked to a second utterance: in this binary structure, the first utterance (...) asserts the truth of the second one. Besides the linguistic constraints, the solemn oath requires a very precise gestural and social ritual: formula uttered aloud, hand laid on relics or on a manuscript of the Gospel, presence of witnesses and guarantors. This ceremonial is known by some juridical treatises (the Coutumes de Beauvaisis of Philippe de Beaumanoir, principally), but above all by some texts of fiction in French, novels or “chansons de geste”, which present juridical oaths.These fictional “solemn oaths” are caracterised by the fact that all of them are “ambiguous oaths”, and that the reader perceives them all, in some respects, as perjuries. Among the oldest texts of French literature, four texts, all written at the end of the XIIth century, show a process with an oath taken by the defendant or his champion: the Roman de Tristan of Béroul, the Chevalier de la charrette of Chrétien de Troyes, the “Branche I” of the Roman de Renart, and Ami et Amile. In the four instances, the process is about a woman's virtue: the oath is necessary to clear of suspicion a woman charged with adultery (queen Yseut, queen Guenièvre, Hersent the wolf) or impurity (Emperor Charlemagne's daughter); in the four instances, the question of truth is linked to the essential question of the purity of the lineage. But above all, in all the instances the oath can take place, with sometimes an ordeal or a judicial fight following it, and the woman charged is declared innocent, therefore chaste: but it is never the case. And yet these oaths are never really false oaths: “ambiguous oaths” rather. The logical and linguistic means by which the ambiguity is built up will be described: it plays, in all the instances, on a double reference.Literary texts do not show real perjuries: the oath scenes appear rather as presentations of the art of lying innocently, or to tell the truth while transfering one of the elements of the proposition. It is the awareness that truth is a linguistic matter, a purely linguistic matter, which is represented. (shrink)

"Applies Emmanuel Levinas's thought in approaching environmental philosophy from both humanistic and nonanthropocentric points of view, arguing that themes at the heart of his work--the significance of the ethical, responsibility, alterity, the vulnerability of the body, bearing witness, and politics--are important for thinking about many of our most pressing contemporary environmental questions" --Provided by publisher.

This article traces the efforts of the National Council of Churches in Brazil to endorse the document ‘Christian witness in a multi-religious world’ and to implement its recommendations in the practice of churches in Brazil. The reception of the document is placed into the historical development of the ecumenical movement in Brazil since an important conference in 1962 in Recife, Brazil, and the impact the Second Vatican Council had in the Latin American country. The focus is then on how (...) the religious plurality in the country started to be perceived. Three examples follow showing how fundamentalist Christian groups oppose other religious expressions in the country and how the churches united in the council are challenged by the spirit of witnessing in respect to embrace pluralism. (shrink)

This article presents an overview of discussions on the ecumenical document ‘Christian witness in a multi-religious world’. Beginning in Germany, it highlights the attention the document received and tracks some of the arguments through the changing contexts of the last decade connected to the document’s invitation for a mission in respect of others. The challenge to implement the recommendations the document offers in a common endeavour to witness to Christ is then emphasized. The reception process for the document is (...) described as an invitation to adopt and contextualize the principles and recommendations in one’s own practising of mission and evangelism instead of sending comments on the text for revision. (shrink)

This contribution discusses the reception to and relevance of ‘Christian witness in a multi-religious world’ in the Middle East. After a brief survey of the reception and some comments on the Arabic translation of the document, it argues that the guidelines offered in ‘Christian witness’ are especially relevant with regard to intra-Christian proselytism, relief and development work, and religious freedom and conversion.

Research for this study was served by the hypothesis that the Christian’s lifestyle and witness in a postmodern world will depend on the definition and practice of worship and spirituality. The Old Testament reveals a spirituality that has ‘Yahweh’ involved in all aspects of life. Awareness and experience of the presence of God is linked to obedience to God. New Testament spirituality implies imitation of Christ and an effort to obey Christ's twofold command: to love God and neighbor as (...) self. Christian exhortation (contemplation/meditation) and adoration never take place in isolation from the world because God is active in the world. Adoration leads to action in the world which, in turn, leads to adoration of God. All work done and all life lived for God's sake is, in essence, worship. Being a Christian implies living a life of sacrifice, making a gift of your life to God. As the Christian strives with the Spirit's guidance and empowerment to love God with his/her heart, soul, mind, body - and his/her neighbor as him/her self, in a moment by moment way; as he/she worships God with adoration and action; then he/she is living a true Biblical Christian life and experiencing and practicing true Biblical worship and spirituality. For the postmodernist, religious relativism is incompatible with the objective truth claims of Christianity and the words ‘Christian’ and ‘Church’ mean either empty tradition or abusive totalizing metannarrative. To maintain its identity and practice effective and relevant ministry, the Church should reflect an internal unity in desire, in life, in purpose, and in love. The Church must be the incarnate and engaged love and glory of God to a world that judges Christian truth claims by the lifestyle and witness of Christians. A praxis-orientated apologetic of an incarnational engaged worship and spirituality will demonstrate Christians truth claims. This gives Christianity integrity, credibility, and intelligibility to postmodernists that seek an experiential spirituality in the postmodern era of deconstruction. Evangelism is founded in who God is and what God has done for humanity through the death and resurrection of Jesus Christ. Christian’s demonstrate the Gospel as they love their God and their neighbor with devotion and conduct. They proclaim God’s love with plausibility when they reveal God’s love in action as a visual aid for Gods truth. As Christian worship and spirituality produce the actions that give voice to the nature and will of God, Jesus Christ will ‘rise again’ in the postmodern world through an incarnational and engaged Christian faith. Point summary: i. Authentic Biblical Christian worship is a lifestyle that takes place in an interdependent rhythm of both adoration (joyful praise of God) and action (obedient service to God). ii. Holistic spirituality is the lived moment by moment experience of Christian belief in both general and specialized forms (the Christian faith), and the reaction that the Christian’s belief system arouses in religious consciousness and practice moment by moment (the Christian faith). iii. Biblical worship and spirituality is thus conformity of heart and life with the confession and character of Jesus Christ. It is living life in the coram Deo (the presence of God) in obedience to His will out of gratitude for salvation. iv. Worship, spirituality, and the Christian faith become equivalent terms for each other and as defined in i-iii above reflect an incarnational engaged approach to evangelism. v. Worship and spirituality as a praxis-orientated apologetic presented as an incarnational engaged approach (that tells God’s story and your story) in a postmodern world, will be a more effective method of evangelism than rational apologetics and program/method based evangelism. -/- . (shrink)

Paul Ramsey and Stanley Hauerwas are arguably the most prominent United Methodist thinkers to date to write extensively on abortion. This article takes up a ripe and illuminating task neglected by the ethicists themselves and the secondary literature: bringing their views on this issue into conversation. More specifically, this article discusses their considerations on the value of unborn human life, the “hard cases,” the church community’s role, and the place of legal reform. The article concludes by placing their remarks in (...) the context of official Catholic teaching, and contending that despite some shortcomings in the two thinkers’ considerations, Christians on different sides of the abortion debate should incorporate these authors’ insights by expressing a “rational account of fetal development”, a charitable approach to hard cases, a “theological idiom”, and an appropriate level of political concern. (shrink)

What does it mean to be a peacemaker in a polarized world? It can feel as if the world-and the church-has never been more polarized. But when we feel worn down by the chasms dividing us, we can take hope from the early Christian vision of God uniting all things in Christ, a hope that can lead us to act. Stuck Together explores Bible stories and narratives ancient and modern that inspire us to open hearts and minds to persons (...) with whom we disagree as we gain confidence in our own convictions. Drawing from Scripture, from his own life journey, and from the witness of others, author J. Nelson Kraybill demonstrates how even small steps of reconciliation by confessionally grounded Christians can have big effect and give loving Christian witness in a polarized church and society. (shrink)

This article investigates the similarities between the ethics and theology of Blaise Pascal and Stanley Hauerwas regarding natural law, original sin and witness, in order to support Pascal as an important thinker for Christian ethics. It argues that Pascal’s theological anthropology is an important contribution to Hauerwas’ ethics by elucidating less clear dimensions of his thought, such as how it is that witness ought to proceed and might be effective despite human sinfulness, and the relation between human corruption and (...) a rejection of natural law. This also serves to support the argument that Pascal is an important figure for Christian ethics, despite being largely neglected. (shrink)