Abstract Inspired by Rawls?s admission that his twentieth?century contract theory builds in the parochial horizon of modern constitutional democracy, this essay critically examines two truisms about seventeenth?century contract theory. The first is the stock view that the English case is irrelevant to the logic of Leviathan and the Second Treatise. To the contrary, I argue that their political conclusions depend on introducing constitutional and legal ?facts?, in particular, facts about the constitution of the English monarchy. Second, I challenge the Whiggish (...) characterization of contract theory as an important step in the development of democratic sovereignty. I draw on Hume?s famous critique of the genre to make the case that seventeenth?century contract theory addressed a peculiarly ancien?regime issue ? namely, resistance to legitimate rulers. In both respects, Hobbes?s and Locke?s social contracts are properly regarded as ancien?regime theories of politics. They are, as Rawls would put it, ?political not metaphysical? theories. (shrink)

Chapter Introduction Hobbes's political doctrine presents the unusual feature that it has given rise to an "official" interpretation, in terms of which, ...

Idiosyncrasies of Hobbes's composition process, together with a paucity of reliable autobiographical materials and the norms of seventeenth-century manuscript production, render interpretation of his political theory particularly difficult and contentious. These difficulties are surveyed here under three headings: the process of "serial" composition, which was common in the period; the relationship between Hobbes's three political-theory texts-- the "Elements of Law, De Cive ", and "Leviathan", which is basic to defining the textual embodiment of his theory, and controversial; and his method (...) of writing. I argue that Hobbes's composition process undercut his intention to produce a deductive, logical theory of politics and opened the door to inconsistency and muddle in his arguments. (shrink)

Seventeenth-century natural-law philosophers participated in colonizing and slave-trading companies, yet they discussed slavery as an abstraction. This dispassionate approach is commonly explained with the “distance thesis” that the practice of slavery was at some remove from Northwest Europe. I contest the thesis, with a specific focus on pre-Restoration English discourse and Hobbes's political theory. By laying out the salient context — English experience of Barbary-coast slavery and an inherited neo-Roman intellectual frame — I argue, first, that slavery was hardly a (...) distant phenomenon and, second, that Hobbes's discussion of slavery expressed ideas familiar in ordinary discourse. The conclusion contrasts the English neo-Roman outlook with Spanish neo-Aristotelianism. (shrink)

Hobbes's defense of absolutism involves the dual claims that consent is the foundation of legitimate authority and that sovereignty is necessarily absolute. It is a paradoxical combination of claims: If absolute government is the product of choice how can it also be the sole possible constitution? While all of Hobbes's contractarian successors have rejected his preference for absolutism, his dual claims have become commonplace. Since Hobbes, contract thinkers routinely assert that people will choose their preferred constitution and that it is (...) the only possible one. The essay examines the genesis of this paradoxical argumentation: Hobbes's genius lay in merging Grotius's contractarian rationale with Bodin's analytic view that sovereignty must be absolute. The final section discusses related criticisms of Rawls's contract theory. Rawls inherited a genre already flawed by the impluse to combine voluntarist with non-voluntarist reasoning. (shrink)

“Trust” is not usually considered a Hobbesian concept, which is odd since it is central to the definition of a covenant. The key to understanding Hobbes’s concept of trust is to be found in his account of conquest— “sovereignty by acquisition”—which is a heavily revised adaptation of the Roman justification of slavery. Hobbes introduces a distinction between servants, who are trusted with liberty, and imprisoned slaves. The servant/master relationship involves mutual trust, an ongoing exchange of benefits (protection for service and (...) obedience), and performance monitoring. In contrast to Quentin Skinner’s and Philip Pettit’s shared concentration on the contrast between slavery and freedom, I argue that the salient analogy is between servants and subjects.The trust relationship between subjects and the sovereign involves defined roles, limited absolutism, and accountability in the early-modern form of licensing subjects to switch political allegiance should a regime fail. (shrink)

An exciting English-language edition which for the first time presents Thomas Hobbes's masterpiece Leviathan alongside two earlier works, The Elements of Law and De Cive. By arranging the three texts side by side, Baumgold offers readers an enhanced understanding of Hobbes's political theory and addresses an important need within Hobbes scholarship. The parallel presentation highlights substantive connections between the texts and makes it easy to trace the development of Hobbes's thinking. Readers can follow developments both at the 'micro' level (...) of specific arguments and at the 'macro' level of the overall scope and organization of the theory. The volume also includes parallel presentations of Hobbes's chapter outlines, which serve as a key to the texts and are collected in a précis appendix. (shrink)

Hobbes claimed to have written the The Elements of Law during the Short Parliament of the spring of 1640. However, it seems unlikely that such a lengthy, systematic treatise could have been composed in so short a time. This article closely examines the text to make the case that the bulk of it was written prior to the 1640 political crisis. What was probably written that spring were chapters defending absolutism. Their hurried composition accounts in particular for the odd assertion (...) that democracy is foundational to all forms of government. The puzzle surrounding the composition of the Elements opens up general issues concerning Hobbes's method of writing. His habit of slotting new material into pre-existing frameworks generated inconsistencies and frustrated his ambitions for rigour. Readers need to be alert to the possibility that textual puzzles may be artifacts of Hobbes's composition process. (shrink)

In the social sciences and in everyday speech we often talk about groups as if they behaved in the same way as individuals, thinking and acting as a singular being. We say for example that "Google intends to develop an automated car", "the U.S. Government believes that Syria has used chemical weapons on its people", or that "the NRA wants to protect the rights of gun owners". We also often ascribe legal and moral responsibility to groups. But could groups literally (...) intend things? Is there such a thing as a collective mind? If so, should groups be held morally responsible? Such questions are of vital importance to our understanding of the social world. In this lively, engaging introduction Deborah Tollefsen offers a careful survey of contemporary philosophers? answers to these questions, and argues for the unorthodox view that certain groups should, indeed, be treated as agents and deserve to be held morally accountable. Tollefsen explores the nature of belief, action and intention, and shows the reader how a belief in group agency can be reconciled with our understanding of individual agency and accountability. _Groups as Agents_ will be a vital resource for scholars as well as for students of philosophy and the social sciences encountering the topic for the first time. (shrink)

Responsible Robotics is about developing robots in ways that take their social implications into account, which includes conceptually framing robots and their role in the world accurately. We are now in the process of incorporating robots into our world and we are trying to figure out what to make of them and where to put them in our conceptual, physical, economic, legal, emotional and moral world. How humans think about robots, especially humanoid social robots, which elicit complex and sometimes disconcerting (...) reactions, is not predetermined. The animal–robot analogy is one of the most commonly used in attempting to frame interactions between humans and robots and it also tends to push in the direction of blurring the distinction between humans and machines. We argue that, despite some shared characteristics, when it comes to thinking about the moral status of humanoid robots, legal liability, and the impact of treatment of humanoid robots on how humans treat one another, analogies with animals are misleading. (shrink)

This paper analyses the hidden use of new axioms in set-theoretic practice with a focus on large cardinal axioms and presents a general overview of set-theoretic practices using large cardinal axioms. The hidden use of a new axiom provides extrinsic reasons in support of this axiom via the idea of verifiable consequences, which is especially relevant for set-theoretic practitioners with an absolutist view. Besides that, the hidden use has pragmatic significance for further important sub-groups of the set-theoretic community---set-theoretic practitioners with (...) a pluralist view and set-theoretic practitioners who aim for ZFC-proofs. By describing this, the paper gives a more complete picture of new axioms in set-theoretic practice. These observations, for instance, show that set-theoretic practitioners interested in ZFC-proofs use tools that go beyond ZFC. The analysis is based on empirical data that was collected in an extensive interview study with set-theoretic practitioners. (shrink)

This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The Anti-Compounding Injustice principle or aci. Compounding injustice and the aci principle are likely to be relevant when analyzing the moral issues raised by “big data” and its combination with the computational power of machine learning and artificial intelligence. Past injustice can infect the data used in algorithmic decisions in two distinct ways. Sometimes prior (...) injustice undermines the accuracy of the data itself. In these contexts, improving accuracy will also help to avoid compounding injustice. Other times, past injustice produces real-world differences among people with regard to skills, health, wealth, and other traits that employers, lenders, and others seek to measure. When decisions are based on accurate data that itself results from prior injustice, these decisions can also compound injustice. This second dynamic has received less attention than the first but is especially important because improving the accuracy of data will not mitigate this unfairness. (shrink)

In recent discussions on the meaning of derogatory terms, most theorists base their investigations on the assumption that slurring terms could in principle have some neutral, i.e. purely descriptive, counterpart. Lauren Ashwell has recently shown that this assumption does not generalize to gendered slurs. This paper aims to challenge the point and benefit of approaching the meaning of derogatory terms in contrast to their allegedly purely descriptive counterparts. I argue that different discursive practices among different communities of practice sometimes change (...) the semantics of a term. By the example of the term ‘black,’ I show in what ways these different practices may amount to semantic contestations which complicate the assessment of whether a specific politically significant term is purely descriptive. My discussion of politically significant terms provides insights into further phenomena such as the appropriation of derogatory terms by the target group or meaning change more generally. Moreover, it not only accounts for the political aspects of a linguistic phenomenon, but equally highlights and explains the oft-neglected but crucial role that language plays in social and political struggles. It thus contributes to ongoing discussions both in philosophy of language and in social and political philosophy. (shrink)

While many philosophers of science have accorded special evidential significance to tests whose results are "novel facts", there continues to be disagreement over both the definition of novelty and why it should matter. The view of novelty favored by Giere, Lakatos, Worrall and many others is that of use-novelty: An accordance between evidence e and hypothesis h provides a genuine test of h only if e is not used in h's construction. I argue that what lies behind the intuition that (...) novelty matters is the deeper intuition that severe tests matter. I set out a criterion of severity akin to the notion of a test's power in Neyman-Pearson statistics. I argue that tests which are use-novel may fail to be severe, and tests that are severe may fail to be use-novel. I discuss the 1919 eclipse data as a severe test of Einstein's law of gravity. (shrink)

In 1241/4 the theology masters at the university at Paris with their chancellor, Odo of Chateauroux, mandated by their bishop, William of Auvergne, met to condemn ten propositions against theological truth. This book represents the first comprehensive examination of what hitherto has been a largely ignored instrument in a crucial period of the university's early maturation. However, the book's ambition goes wider than this. The condemnation provides a window through which to view the wider doctrinal, intellectual, institutional and historical developments (...) within the emerging university. These include the advent of the Dominicans and Franciscans at the university; and the developing focus of Paris theologians on using their learning for preaching at a time of a rapid and sometimes divergent development of doctrine and concerns over the newly-translated Aristotelian and associated Arab and Jewish works, heresy, the Greek Church and the Jews. The book compares the condemnation's ten articles with the major statement of Catholic principles in the first canon of the Fourth Lateran Council, 1215, and assesses what conclusions can be drawn from their apparent correlation. (shrink)

In arguing against the likelihood of consciousness in non-human animals, Descartes advances a slippery slope argument that if thought were attributed to any one animal, it would have to be attributed to all, which is absurd. This paper examines the foundations of Thomas Willis’ comparative neuroanatomy against the background of Descartes’ slippery slope argument against animal consciousness. Inspired by Gassendi’s ideas about the corporeal soul, Thomas Willis distinguished between neural circuitry responsible for reflex behaviour and that responsible for cognitively or (...) consciously mediated behaviour. This afforded Willis a non-arbitrary basis for distinguishing between animals with thought and consciousness and those without, a methodology which retains currency for neuroscience today. (shrink)

Cheating is deeply embedded in everyday life. The costs of the most common forms of cheating total close to a trillion dollars annually. Part of the problem is that many individuals fail to see such behavior as a serious problem. "Everyone does it" is a common rationalization, and one that comes uncomfortably close to the truth. That perception is also self-perpetuating. The more that individuals believe that cheating is widespread, the easier it becomes to justify. Yet what is most notable (...) about analysis of the problem is how little there is of it. Whether or not Americans are cheating more, they appear to be worrying about it less. In Cheating, eminent legal scholar Deborah L. Rhode offers the only recent comprehensive account of cheating in everyday life and the strategies necessary to address it. Because cheating is highly situational, Rhode drills down on its most common forms in sports, organizations, taxes, academia, copyright infringement, marriage, and insurance and mortgages. Cheating also reviews strategies necessary to address the pervasiveness and persistence of cheating in these contexts. We clearly need more cultural reinforcement of ethical conduct. Efforts need to begin early, with values education by parents, teachers, and other role models who can display and reinforce moral behaviors. Organizations need to create ethical cultures, in which informal norms, formal policies, and reward structures all promote integrity. People also need more moral triggers that remind them of their own values. Equally important are more effective enforcement structures, including additional resources and stiffer sanctions. Finally, all of us need to take more responsibility for combatting cheating. We need not only to subject our own conduct to more demanding standards, but also to assume a greater obligation to prevent and report misconduct. Sustaining a culture that actively discourages cheating is a collective responsibility, and one in which we all have a substantial stake. (shrink)

Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.

Abstract Curiously missing in the vast literature on Hilary Putnam's so-called model-theoretic argument against semantic realism is any response from would-be proponents of what Putnam would call magical theories of reference. Such silence is surprising in light of the fact that such theories have occupied a significant position in the history of philosophy and the fact that there are still several prominent thinkers who would, no doubt, favor such a theory. This paper develops and examines various responses to Putnam's argument (...) on behalf of the proponent of a magical theory of reference. While Putnam's explicit replies to such responses to his argument seem to involve little more than name calling, I develop arguments that show that there are significant problems facing any would-be proponent of such a view. While magical theories of reference are far from the strawmen Putnam seems to take them to be, there are, I argue, genuine reasons for a semantic realist to prefer a non-magical theory of reference. (shrink)

Biobank research and genomic information are changing the way we look at health and medicine. Genomics challenges our values and has always been controversial and difficult to regulate. In the future lies the promise of tailored medical treatments and pharmacogenomics but the borders between medical research and clinical practice are becoming blurred. We see sequencing platforms for research that can have diagnostic value for patients. Clinical applications and research have been kept separate, but the blurring lines challenges existing regulations and (...) ethical frameworks.Then how do we regulate it? This book contains an overview of the existing regulatory landscape for biobank research in the Western world and some critical chapters to show how regulations and ethical frameworks are developed and work. How should international sharing work? How design an ethical informed consent? An underlying critique: the regulatory systems are becoming increasingly complex and opaque. The international community is building systems that should respond to that. According to the authors in fact, it is time to turn the ship around. Biobank researchers have a moral responsibility to look at and assess their work in relation to the bigger picture: the shared norms and values of current society. Research ethics shouldn't only be a matter of bioethicists writing guidelines that professionals have to follow. Ethics should be practiced through discourse and regulatory frameworks need to be part of that public discourse. Ethics review should be then not merely application of bureaucracy and a burden for researchers but an arena where researchers discuss their projects, receive advice and practice their ethics skills. (shrink)

This book brings into focus both the positive and negative aspects that technology places on the professional identity of librarians, highlighting the new methods involved in data management, communication, and library information education and research.

Rehabilitating some of Bakhtin's neglected ideas and reframing him as a philosopher of aesthetics, Bakhtin Reframed will be essential reading for the huge community of Bakhtin scholars as well as students and practitioners of visual culture ...

The process of seeking the consent of a patient to a medical procedure is, arguably, one of the most important skills a doctor, or indeed any clinician, should learn. In fact, the very idea that doctors may institute diagnostic or treatment processes of any sort without a patient's consent is utterly counter-intuitive to the modern practice of medicine. It was not always thus, and even now it can be reliably assumed that consent is still not sought and gained appropriately in (...) every clinical encounter. To say that it should be sought and gained in this manner elevates the value of consent to a high level. It can be instructive to ask oneself why such a value might be held to be the case. The answer to this question lies in the philosophical underpinning of clinical consent, which sits within a notion of personal autonomy, and respect for autonomous decision making. (shrink)

This book considers whether we can be epistemically responsible for undesirable beliefs, such as racist and sexist ones. The problem with holding people responsible for their undesirable beliefs is: first, what constitutes an “undesirable belief” will differ among various epistemic communities; second, it is not clear what responsibility we have for beliefs simpliciter; and third, inherent in discussions of socially constructed ignorance (like white ignorance) is the idea that society is structured in such a way that white people are made (...) deliberately unaware of their ignorance, which suggests their racial beliefs are not epistemically blameworthy. This book explores each of these topics with the aim of establishing the nature of undesirable beliefs and our responsibility for these beliefs with the understanding that there may well be (rare) occasions when undesirable beliefs are not epistemically culpable. (shrink)

This guide leads readers systematically through the arguments of Mary Shepherd's two books. Chapters 1-4 cover the arguments in the Essay Upon the Relation of Cause and Effect (1824), where Shepherd argues that causal principles can be known by reason to be necessary truths and that causal inferences can be rationally justified. Shepherd's primary target in this work is Hume, but she also addresses the views of Thomas Brown and William Lawrence. Shepherd considered her second book, Essays on the Perception (...) of an External Universe, and Other Subjects Connected with the Doctrine of Causation (1827), to be an extension of the earlier project on causation; here she appeals to the causal principles established in the first book to argue that we can know through reason that an external world of continually-existing objects must exist independently of us, as the causes of our sensations. Chapter 5 of this Guide addresses Shepherd's accounts of sensation and reasoning; Chapters 6-9 lead the reader through the arguments of the Essays, as well laying out Shepherd's views on skepticism and Berkeleyan idealism, her accounts of mind and body, her philosophy of religion, and the solutions she offers to two puzzles about vision. (shrink)

"From the Boxing Ring to the Ashram" is a transformative self-help book that takes readers on a journey of healing and self-discovery. Filled with practical, adaptable tips for boosting your overall health and well-being, this book offers a diverse range of advice from twelve of Deborah Charnes's mentors, each representing a unique blend of religious, ethnic and cultural backgrounds with their own approaches to holistic wellness. Whether in orange robes or lab coats, combat boots or boxing gloves, these gurus (...) offer simple and adaptable techniques that can be incorporated into daily life, often in as little as ten minutes per day. Featuring anecdotes, teachings and testimonies, Deborah Charnes has selected these practical, life-altering lessons to help you achieve a balanced and healthy mind, body and spirit. This book is for you if you're just beginning your search for a holistic approach to self-improvement or are already an experienced practitioner. "From the Boxing Ring to the Ashram" is the ultimate guide to finding balance, peace and purpose. (shrink)

We tend to want to avoid and ignore our dark or difficult emotions, biases, and tendencies-and we eschew them on a cultural and societal level because they reveal painful, ugly truths. The labeling of darkness as "negative" becomes a collective excuse to justify avoiding everything that makes humans uncomfortable: racism, spiritual bypass, environmental destruction. Welcoming darkness with curiosity and reverence, rather than fear or judgment, enables us to access our innate capacity for compassion and collective healing. In Seeing with the (...) Heart, dharma teacher, shaman, and deep ecologist Deborah Eden Tull asks us to recognize, explore, and engage with the darkness we experience in our lives in order to learn important lessons and tools for bringing awakening, healing, and compassion to ourselves-and to our world. In an age of global uncertainty, Tull presents the radical teaching of endarkenment--that we can only awaken to wholeness through fully embracing the dark. Darkness, she posits, is not the absence of light, but an intrinsic, vital, healing, and restorative aspect of nature. Tull addresses the spiritual, ecological, psychological, and interpersonal ramifications of our bias towards light over dark. She offers a radical path to wholeness that can be found only through learning to embrace the interplay of both darkness and light, within ourselves and within our world. She offers inspiring teachings, meditations, and mindful inquiry questions to integrate into our daily practice an experiential understanding of endarkenment. (shrink)