Are all God’s activities identical to God? If not, which are identical to God and which not? Although it is seldom noticed, the texts of Aquinas (at least on the surface) suggest conflicting answers to these questions, giving rise to a diversity of opinion among interpreters of Aquinas. In this paper, we draw attention to this conflict and offer what we believe to be the strongest textual and speculative support for and against each of the main answers to these questions.

The paper reviews the way in which Steiner schools have attached importance to the categorisation of pupil character and behaviour, drawing on a tradition going back to ancient Greek science.

Previous research has found that funding disparities are driven by applications’ final impact scores and that only a portion of the black/white funding gap can be explained by bibliometrics and topic choice. Using National Institutes of Health R01 applications for council years 2014–2016, we examine assigned reviewers’ preliminary overall impact and criterion scores to evaluate whether racial disparities in impact scores can be explained by application and applicant characteristics. We hypothesize that differences in commensuration—the process of combining criterion scores into (...) overall impact scores—disadvantage black applicants. Using multilevel models and matching on key variables including career stage, gender, and area of science, we find little evidence for racial disparities emerging in the process of combining preliminary criterion scores into preliminary overall impact scores. Instead, preliminary criterion scores fully account for racial disparities—yet do not explain all of the variability—in preliminary overall impact scores. (shrink)

While tens of thousands of people across the United States serve on hospital and other healthcare ethics committees , almost no carefully prepared educational material exists for HEC members. Ethics by Committee is a one volume collection of chapters developed exclusively for this educational purpose. Experts in bioethics, clinical consultation, health law, and social psychology from across the country contribute chapters on ethics consultation, education, and policy development.

The phrase, "state of nature", has been used over centuries to describe the uncultivated state of lands and animals, nudity, innocence, heaven and hell, interstate relations, and the locus of pre- and supra-political rights, such as the right to resistance, to property, to create and leave polities, and the freedom of religion, speech, and opinion, which may be reactivated or reprioritised when the polity and its laws fail. Combining intellectual history with current concerns, this volume brings together fourteen essays on (...) the past, present and possible future applications of the legal fiction known as the state of nature. Contributors are: Daniel S. Allemann, Pamela Edwards, Ioannis D. Evrigenis, Mary C. Fuller, David Singh Grewal, Francesca Iurlaro, Edward J. Kolla, László Kontler, Grant S. McCall, Tom Sparks, Benjamin Straumann, Karl Widerquist, Sarah Winter, and Simone Zurbuchen. (shrink)

The shift to a market economy in post-communist Eastern Europe has had a profound impact on science and scientists across the region, leading to reforms in research management practices and to drastic cuts in funding levels everywhere. Many countries are moving to a system of competitive research grants awarded on the basis of peer review. The introduction of peer review is not simply a technical matter. It signifies a fundamental change in the social structure of science, enhancing profession-al autonomy and (...) giving working scientists a voice in the allocation of resources. This book combines first-hand accounts of the reform process with analyses of the strengths and weaknesses of both peer review and quantitative indicators. (shrink)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting (...) corvid bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (shrink)

Most philosophers find it puzzling how beliefs could wrong, and this leads them to conclude that they do not. So there is much philosophical work to be done in sorting out whether I am right to say that they do, as well as how this could be so. But in this paper I will take for granted that beliefs can wrong, and ask instead when beliefs wrong. My answer will be that beliefs wrong when they falsely diminish. This answer has (...) three parts: that beliefs wrong only when they are false, that beliefs wrong only when they diminish, and that false diminishment is sufficient for wronging. I will seek to elaborate on and defend all three of these claims, but it is the first to which I will give the most attention. (shrink)

Debates over health care have focused for so long on economics that the proper goals for medicine seem to be taken for granted; yet problems in health care stem as much from a lack of agreement about the goals and priorities of medicine as from the way systems function. This book asks basic questions about the purposes and ends of medicine and shows that the answers have practical implications for future health care delivery, medical research, and the education of medical (...) students. The Hastings Center coordinated teams of physicians, nurses, public health experts, philosophers, theologians, politicians, health care administrators, social workers, and lawyers in fourteen countries to explore these issues. In this volume, they articulate four basic goals of medicine — prevention of disease, relief of suffering, care of the ill, and avoidance of premature death — and examine them in light of the cultural, political, and economic pressures under which medicine functions. In reporting these findings, the contributors touch on a wide range of diverse issues such as genetic technology, Chinese medicine, care of the elderly, and prevention and public health. The Goals of Medicine clearly demonstrates the importance of clarifying the purposes of medicine before attempting to change the economic and organizational systems. It warns that without such examination, any reform efforts may be fruitless. (shrink)

Batman has been one of the world’s most beloved superheroes since his first appearance in issue #27 of Detective Comics in 1939. Clad in his dark cowl and cape, he has captured the imagination of thousands of fans with his acrobatic fighting skills, high-tech crimefighting gadgets, and swift but often violent brand of justice. But why has he enjoyed such long-lived popularity as a character? And why have his actions caused debate among fans and philosophers? Based on four decades of (...) comic book storylines, Batman and Ethics explores the concepts and contradictions of the ethical and moral code of the Dark Knight. From the logic behind his aversion to killing, to the implication of his use of torture, to the moral status of vigilantism in the pursuit of justice, Batman’s ethical precepts are both compelling and deeply flawed. Starting with the character-defining work of Denny O'Neil and Neal Adams in the early 1970s, through the revolutionary era of the reimagined superhero comic in the 1980s and 1990s, to the new directions in the modern works of Grant Morrison, Ed Brubaker, Scott McDaniel, and ending with the release of the New 52, Batman and Ethics explores the developments of Batman's most troubling ethical dilemmas. It is a thought-provoking and entertaining journey through four decades of Batman's struggles and triumphs - a perfect way for readers to approach the complex questions of ethics and moral philosophy through one of the most popular canons in comic book history. (shrink)

Should we grant rights to artificially intelligent robots? Most current and near-future robots do not meet the hard criteria set by deontological and utilitarian theory. Virtue ethics can avoid this problem with its indirect approach. However, both direct and indirect arguments for moral consideration rest on ontological features of entities, an approach which incurs several problems. In response to these difficulties, this paper taps into a different conceptual resource in order to be able to grant some degree of (...) moral consideration to some intelligent social robots: it sketches a novel argument for moral consideration based on social relations. It is shown that to further develop this argument we need to revise our existing ontological and social-political frameworks. It is suggested that we need a social ecology, which may be developed by engaging with Western ecology and Eastern worldviews. Although this relational turn raises many difficult issues and requires more work, this paper provides a rough outline of an alternative approach to moral consideration that can assist us in shaping our relations to intelligent robots and, by extension, to all artificial and biological entities that appear to us as more than instruments for our human purposes. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Conceptions of human nature fall under two broad categories, trait bin accounts and trait cluster accounts. Trait bin accounts take there to be a special bin of traits, one composed of all and only those traits constituting our nature. For those arguing for a trait bin account of human nature, the challenge is to articulate what it is that marks a trait as being in or outside of the bin. For some, the bin is filled by the traits essential to (...) being human. Others, such as Machery in his contribution to this volume, offer a non-essentialist trait bin conception of human nature. In this chapter, I argue that trait bin approaches to human nature are misguided, that there is no good way of dividing human traits into those that are a part of our nature and those that are not. Instead, I argue for a trait cluster account, which sees human nature not as a special bin of traits, but as the relationship among traits. Under this account, human nature lies in the patterns of trait expression within and across human life histories. This account does a superior job characterizing what humans are like and aligning human nature with the human sciences. (shrink)

This is an interview with author Ken Wilber, whose work on consciousness over the last twenty‐five years has been tremendously influential. His work blends "Eastern" and "Western" approaches and has influenced scholars in psychology, philosophy, and religion, as well as in anthropology. His work on transpersonal psychology is especially well‐known, and his first book, The Spectrum of Consciousness, arguably marks the beginning of transpersonal studies. Frances Vaughan has referred to Wilber's work as the "work of genius." Daniel Goleman once listed (...) Wilber among the "ranks of the grand theorists of human consciousness" including "Ernst Cassirer, Mircea Eliade, and Gregory Bateson." Wilber discusses the scope of the consciousness problem as well as contributions to the field that anthropologists might be well suited to make. (shrink)

This is an interview with author Ken Wilber, whose work on consciousness over the last twenty‐five years has been tremendously influential. His work blends "Eastern" and "Western" approaches and has influenced scholars in psychology, philosophy, and religion, as well as in anthropology. His work on transpersonal psychology is especially well‐known, and his first book, The Spectrum of Consciousness, arguably marks the beginning of transpersonal studies. Frances Vaughan has referred to Wilber's work as the "work of genius." Daniel Goleman once listed (...) Wilber among the "ranks of the grand theorists of human consciousness" including "Ernst Cassirer, Mircea Eliade, and Gregory Bateson." Wilber discusses the scope of the consciousness problem as well as contributions to the field that anthropologists might be well suited to make. (shrink)

The apparently limitless philosophical terrain marked out by the debate over the relation between science and values is constructively revisited in Helen Longino's Science as Social Knowledge. This project is motivated by the view that the ideal of value neutrality places unrealistic constraints on science. Longino seeks to demonstrate that even “good science” embodies social and political interests and values because it is, irreducibly, a social activity. Her strategy is to weave a position which can make sense of both ideology (...) and evidence in the practice of science; her underlying philosophical critique is that the standard impasse between positivism and wholism is structured by an individualist conception of science. In the development of her analysis, she examines and reworks the concepts of evidence, reasoning and objectivity to accommodate her understanding of the social practices which constitute inquiry. She then appeals to the highly charged field of research on the biological bases of alleged sex differences in temperament, behaviour and cognition, to illustrate concretely how her analysis makes sense of a variety of interactions between scientific inquiry and socio-cultural values in contemporary science. Longino thus provides an opening for modes of inquiry, such as feminist science, which are self-consciously shaped by specified socio-political interests and values; she argues that, far from contaminating science, such projects can be more objective than that mode of inquiry practised under the standard myth of asocial, acultural, apolitical objectivity characteristic of modern epistemologies. (shrink)

To date, both sides in the conventionality of simultaneity debate grant that transformations from "standard" to "nonstandard" coordinates are possible without any empirically significant effects. However, it is argued here that the very possibility of defining nonstandard coordinates vanishes if one represents special relativity, not by real four-vectors (as has been the case so far in the debate), but by complex spinors as used in the representation of half-integer spin. Thus, in the topologically simplest representation of the Lorentz group, (...) the transformation over which the debate has been fought does not exist and one of the most basic foundations of the conventionalist thesis is challenged. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Escalation to Academic Extremes?Revisiting Academic Rivalry in the Möhler/Baur DebateGrant Kaplan (bio)INTRODUCTION: THEOLOGY AS THE SITE OF CONFLICTOne way to understand the history of Christian theology is as a history of rivalries. In the Letter to the Galatians, Paul and Peter seem like rivals when Paul recounts "opposing Peter to his face" (Gal. 2:11). The key theological discoveries in the fourth and fifth century are mostly borne of rivalry: (...) Eunomius versus the Cappadocians, and Pelagius versus Augustine. The Middle Ages contain the Eucharistic controversies between Pascasius and Ratramnus, and later controversies about the nature of authority in the theology between Abelard and Lombard. By the sixteenth century, not only the history of theology but the history of the Western churches seems to be intertwined with rivalry, with the Protestant Reformation being the most obvious example. One could also tell the history of religious orders as a history of rivalries between, among others, Franciscans and Dominicans, and later Jesuits. The teachings on justification arose from rivalries, and most of modern Catholic ecclesiology arose from Bellarmine's disputatious interactions with leading Lutherans like Flacius [End Page 163] and Chemnitz. In the past century, much of the theological terrain seems to be shaped by disputes between figures who had once been aligned: Barth and Brunner, Balthasar and Rahner, Cone and Jones.In retrospect, the nineteenth century seemed primed for theological rivalry. Due to social, political, and institutional factors, the nineteenth century was profoundly destabilizing for theology, particularly in Germany, where political realignment threatened to unsettle whatever truce had emerged after the conclusion of the Thirty Years' War in 1648. A number of factors contributed to this climate; perhaps foremost among them was the rapid expansion of academic journals. Without being in the same room, scholars could argue and respond to one another in what must have felt like "real time." Journals, to put it crudely, were the online comment section of their day, and they provided a new medium for theological dispute. Although public debate still figured prominently in the sixteenth century, even as the printing press was making it less central to theological argument, in the nineteenth century, one could escalate debate through asynchronous modes of communication.Both political destabilization and technological innovation made possible a range of intraconfessional disputes: among both Protestants—between mediating and confessing, Kantian and Hegelian, authoritarian, and scientific theologies—and Catholics—between scholastic and modern, German and Roman, Gallican and ultramontanist theologies. These circumstances also occasioned a redoubling of confessional identity. Olaf Blaschke has described the nineteenth century as a "second confessional age."1 By this he means that the nineteenth century, on the scale of confessional identity, looked more like the sixteenth century than the eighteenth did; instead of manifesting an increase in secularizing and nationalizing forces that downplayed religious identities, the nineteenth, according to a variety of measures, witnessed an upsurge in confessional identity.2 This upsurge affected Württemberg, the primarily Protestant territory in the southwestern part of Germany, where Tübingen was located. The newly constituted Württemberg combined a number of tiny, mono-confessional states into a larger, multi-confessional state as part of the reconfigurations brought about by Napoleon. Practically, this meant a loss in political autonomy for Catholic areas within Württemberg.According to one account, the confessional conflicts that memorably marked the 1870s (the Kulturkampf) and also the 1830s and 1840s (the Cologne Troubles and the Kniebeugungsstreiten) were already on the increase in the 1810s in Württemberg, in part due to the massive anniversary celebrations (Wartburgfeier) of the Reformation in 1817.3 This was the same year that the government relocated the newly established Catholic theological faculty from Ellwangen [End Page 164] to Tübingen, a long-time Protestant stronghold with a reputable theological faculty.The Catholic theologians in Tübingen were eager to engage critically with the leading theological issues of the day, resisting the urge to hide behind confessional barriers or pious pretenses. This decision led to a variety of conflicts that could be called rivalrous, and that fall into three categories: The first was within the Catholic faculty itself, as exemplified in the debate over celibacy. Their journal... (shrink)

This collection of essays marks the fiftieth anniversary of the publication of Frantz Fanon’s classic study of anticolonial struggle, _The Wretched of the Earth_. Scholars explore the relevance of Fanon’s work for current modes of psychoanalysis, postcolonial theory, and political thought. One contributor reposes a classic question of postcolonial scholarship: what does it mean for a colonial Caribbean man to practice a Continental intellectual tradition? Others identify Fanon’s experiences working at a mental institution in colonial French Algeria as a powerful (...) influence on his psychoanalytic perspective. This issue revitalizes Fanon’s canonical status as Third World theorist by asserting that the main imperatives of Fanon’s work remain as urgent as ever: combating the psychic and physical violence of colonialism, achieving real forms of liberation for colonized peoples, and ending the degradation of people of color. Contributors: Matthew Abraham, Gerard Aching, John E. Drabinski, Grant Farred, Nigel C. Gibson, Priyamvada Gopal, Joy James, Ranjana Khanna, Alfred J. López, Miguel Mellino, Simon Morgan Wortham, Richard Pithouse Grant Farred is Professor of Africana Studies and English at Cornell University. He is the former editor of the _South Atlantic Quarterly_ and the author, most recently, of_ Long Distance Love: A Passion for Football_. (shrink)

Locke reports, in his discussion of substance and with some amusement, on the Indian philosopher who, when asked what the earth rests on, postulated an elephant and then, when asked in turn about the elephant, decided to go with a tortoise. Locke's amusement, of course, is justified. But it is also tempered if not downright equivocal. For he sees that at some point a very special elephant or—if we stick to the Indian's story—a very special tortoise will have to be (...) invoked. Locke's own tortoise, or elephant, substratum or substance, has some very peculiar properties or, alternatively, an equally alarming lack of them—so much so that, as he is painfully aware, it might well seem totally implausible. Enough of Locke though. Wittgenstein's problem, unlike Locke's, lies in epistemology. His elephant consists of an indefinitely large and varied set of bench-marks or paradigms—Moore's examples, in fact, along with some additions—that function as an epistemological ‘foundation’, ‘river bed’, ‘bedrock’, ‘rock bottom’, a ‘substratum’, no less. Where is the tortoise? Wittgenstein's answer to this is that there is no tortoise, none at all. A non-existent tortoise, however, is as unacceptable here as a regular common-or-garden one. Even the Indian realized that an elephant is no good without a tortoise. (shrink)

Before the law sits a gatekeeper. To this gatekeeper comes a man from the country who asks to gain entry into the law. But the gatekeeper says that he cannot grant him entry at the moment. The man thinks about it and then asks if he will be allowed to come in sometime later on. “It is possible,” says the gatekeeper, “but not now.”—Franz Kafka..

The argument from fine tuning is supposed to establish the existence of God from the fact that the evolution of carbon-based life requires the laws of physics and the boundary conditions of the universe to be more or less as they are. We demonstrate that this argument fails. In particular, we focus on problems associated with the role probabilities play in the argument. We show that, even granting the fine tuning of the universe, it does not follow that the universe (...) is improbable, thus no explanation of the fine tuning, theistic or otherwise, is required. (shrink)

It is widely accepted, by both friends and foes of animal rights, that contractarianism is the moral theory least likely to justify the assigning of direct moral status to non-human animals. These are not, it is generally supposed, rational agents, and contractarian approaches can grant direct moral status only to such agents. I shall argue that this widely accepted view is false. At least some forms of contractarianism, when properly understood, do, in fact, entail that non-human animals possess direct (...) moral status, independently of their utility for rational agents, and independently of whatever interests rational agents may have in them. The version of contractarianism I shall focus upon is that defended by John Rawls. (shrink)

The day-to-day work of clinical ethics consultants and healthcare ethics committees can easily become overly routine. Too much routine, however, comes with a risk that morally important practices will be reduced to mere bureaucratic formalities, while practitioners become desensitized to ethically significant distinctions between cases. Clinical ethics consultation and organizational ethics must be set within the broader social and cultural context of the healthcare environment. This practice requires looking beyond mere legal compliance and the routinely false assumption that there are (...) unambiguous ethical norms that easily govern clinical ethics and hospital policy formation. Together the essays in this issue of HEC Forum challenge readers to rethink taken-for-granted assumptions regarding patient care, physician obligation, clinical ethics consultation, and organizational ethics. (shrink)

In Robust Ethics, Erik Wielenberg criticizes all theistic ethical theories that explain creaturely value in terms of God on the basis that all such formulations of theistic ethics are committed to the denial of the existence of creaturely intrinsic value. Granting Wielenberg’s claim that such theistic theories are committed to the denial of creaturely intrinsic value, this article considers whether theists should take such a denial to be an objectionable commitment of their views. I argue that theists should deny the (...) existence of creaturely intrinsic value, and that such a denial is not an objectionable commitment of theism. (shrink)

When infrastructural technology is functioning correctly, it is often considered to recede from view and become invisible. According to this perspective, visibility is restored in cases of breakdown and malfunction, which for this reason, are often understood to represent important epistemic opportunities for grasping previously hidden aspects of infrastructure. This article seeks to outline the limitations of the idea that infrastructural failure has a positive epistemic function by distinguishing between two fundamentally different ways in which the nature of technological function (...) can be conceptualised; the first understands function as stemming primarily from the way a technology was designed and produced, the second as a process sustained by constant human activities of maintenance and repair. After illustrating how a number of recent studies of infrastructure build upon insights granted by the latter process perspective, this article aims to demonstrate how the experience of breakdown itself does little to facilitate a shift towards understanding infrastructure in this way. For this reason, this article ends with a suggestion for a shift in emphasis in studies of infrastructure, away from breakdown and towards a sustained examination of everyday practices of maintenance, repair and modification of infrastructural technologies. (shrink)

Imagine you are driving up a long and winding road in the mountains. It is nighttime; there are no streetlights or traffic lights, no moon illuminating the sky, and barely shining through a few clouds, the faint, flickering stars above grant you only a fraction of light to see the path ahead. The quiet, serene scene of this moonless, cool night coupled with the sweet scent of pine reminds you of the wonders and beauty of nature. Then, unexpectedly, as (...) you begin to steer around a sharp turn in the lane, flashing red and blue lights of emergency vehicles and police cars temporarily blind you. Once your eyes adjust to this onslaught of light, you see that rescue workers are quickly descending into the.. (shrink)

Intertwined with the celebration of Athenian democratic institutions, we find in the "Oresteia" another chain of interactions, in which the elite families of Argos, Phokis, Athens, and even Mount Olympos employ the traditional aristocratic relationships of xenia and hetaireia to renegotiate their own status within-and at the pinnacle of-the civic order, and thereby guarantee the renewed prosperity of their respective communities. The capture of Troy is the result of a joint venture by the Atreidai and the Olympian "family" . Although (...) Agamemnon falls victim to his own mishandling of aristocratic privilege, his son is raised by doryxenoi in Phokis , a relationship which is mirrored by that with the Olympian "allies," Hermes and Apollo. Orestes' recovery of his father's position is thus shown to depend upon a network of "guest-friends" and "sworn-comrades," reinforced by the traditional language of oaths and reciprocal loyalty. In the Eumenides, the alliance between the Olympian and Argive royal families is re-invoked as the basis both for Athena's protection of Orestes, and finally for Zeus' concern for his daughter's Athenian dependents. In contrast to this successful "networking," and the resultant benefits that trickle down to the citizens of Argos and Athens, stand the seditious oaths and perverted "comradeship" of Aigisthos and Klytaimestra; likewise, the Erinyes are unable to draw on equivalent claims of pedigree or xenia to those enjoyed by Orestes and Apollo. Like all Greek tragedies, the "Oresteia" presents the action through constantly shifting viewpoints, those of aristocrats and commoners, leaders and led, while the propriety of this hierarchy itself is never questioned. And although the action moves from monarchical Argos to an incipiently democratic Athens, paradoxically we hear less and less about "ordinary," lower-class citizens as the trilogy progresses. Thus, at the same time that the trilogy reinforces the sense of collective survival and civic values , it also suggests that these can be maintained only through the proper interventions of their traditional leaders. Aeschylus' plays were composed during a time when the Athenian democracy was still developing, and elite leadership and patronage were still taken for granted. Attic tragedy and the City Dionysia may be seen as a site of negotiation between rival ideologies within the polis, wherein a kind of "solidarity without consensus" is achieved. Written and staged by the elite under license from the demos, the dramas play out dangerous stories of royal risk-taking, crime, glory, and suffering, in such a way as to reassure the citizen audience simultaneously of their own collective invulnerability, and of the unique value of their leading families. (shrink)

In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested (...) parallel and argue that the parallel does not hold up. Even granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of Cartesian foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy, the upshot is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. (shrink)

In a recent paper, I launch an attack on a fundamental doctrine of legal positivism. I argue that nonnormative facts cannot themselves constitutively determine the content of the law. In a response published in this journal, Ram Neta defends the view that nonnormative social facts are sufficient to determine normative facts, including both moral and legal facts. Neta's paper provides a useful opportunity to address a spelled-out version of this view, which in various forms is widely held in philosophy of (...) law and other areas of philosophy. I begin by addressing Neta's attempts to show that descriptive facts can alone determine moral and legal facts. First, Neta's account of why it is wrong to break promises fails. In addition to other problems, it begs the question by taking for granted that a person's desires or other motivational states necessarily justify the actions that they motivate. Next, I turn to Neta's attempt to provide a counterexample to my view about law. In my original paper, I claim that the nature of the constitutive determination relation in the legal domain is what I call rationaldetermination. Roughly speaking, a full constitutive account of the legal facts must include reasons that explain the relation between the determining facts and the legal facts. The facts on which Neta's putative counterexample depends cannot be reasons of the required sort because they take for granted what they are supposed to explain—the way in which nonnormative social facts contribute to the content of the law. Finally, I address the larger issue of how far my argument applies to other domains. I consider and reject Neta's argument that purports to show that all normative domains have the relevant features of the legal domain. I then sketch a competing picture of some normative domains. (shrink)

When businesses fail, their ability to honor agreements, uphold promises, and act on the higher ideals of their mission statements is often compromised. Following the ethical maxim that Aought implies can, @ business ethicists often grant that our practical obligations have to be understood against the backdrop of the relative scarcity or abundance of the business and social environment. Nothing brings on scarcity more dramatically than the total liquidation of a business =s assets. Bankruptcy protection and reorganization can, and (...) probably should, lead businesses to cut back on some of their obligations. But even if we allow this concession to practical exigency, we can still ask probing questions about how the.. (shrink)

The emergence of linguistic pragmatism has given rise to a lively debate over whether philosophy should focus on language or experience. But the experience vs. language dichotomy is just another type of dualism of the sort that pragmatists ought to be wary of. We need to appreciate that, insofar as pragmatism aspires to elucidate and transform our meaningful experience, it must recognize that meaning goes deeper than language. What linguistic pragmatists hope to do with language cannot be done without meaning (...) resources that are not themselves linguistic. Meaning, understanding, thinking, and valuing all have to be enacted as embodied processes. Moreover, no use or analysis of language is possible without an experience of meaning, and so we can never avoid experience in our philosophical undertakings, even granting that there is no perspective-free take on what some thing or event means. (shrink)

The goal of my comments regarding the case study of Eve Hyde — presented in the introduction of this symposium — is not first and foremost to resolve the conflict between individual autonomy and medical paternalism regarding non-consensual psychiatric treatment. Instead, the goal is to step back far enough from what is generally accepted as the morally appropriate basis for non-consensual psychiatric treatment, including involuntary hospitalization and medication, and to ask very basic questions about when patients may permissibly be treated (...) without their consent. My goal, in short, is Socratic — to explore aspects of what we take for granted in order better to determine whether we ought to take them for granted. Commentators routinely urge that it is morally permissible forcibly to treat psychiatric patients, such as Eve Hyde, in order to preserve the patient’s best interests and restore the patient’s autonomy. Such arguments typically specify duties of beneficence toward others, while appreciating personal autonomy as a positive value to be weighed against other factors. (shrink)

J. L. Mackie distinguished himself in twentieth-century philosophy by presenting an important objection to the traditional free will explanation for why God would allow evil: If evil is due to the free choice of creatures, why wouldn’t an omnipotent God simply create free creatures who would choose better? Alvin Plantinga, in turn, distinguished himself with his critique of Mackie. Plantinga’s main point is that Mackie made a mistake in assuming that it is within the power of omnipotence fully to create (...) just any possible world. However, Mackie made a second questionable assumption which Plantinga does not critique, and which I aim to clarify in this article. Mackie assumes that a God, as construed by classical theistic belief, who could create either of two people—one of whom would freely choose right and the other of whom would freely choose wrong—must create the one who would freely choose right. This assumption motivates Plantinga’s own account of trans-world depravity, which suggests that every free creature God might have created would have sinned had God created them. I consider Plantinga’s suggestion highly improbable. More importantly, under Mackie’s assumption, if there is at least one possible creature who would choose rightly, then there is no possibility of God ever allowing any other creature to sin, which would seem to be incompatible with their having any free will. -/- This version of the paper does have the same pagination as the published version. Permission has been granted from the Editor of Philosophia Christi to upload this contribution according to Philosophy Documentation Center terms of use. Learn more about the Journal by going to wwwepsociety. org/philchristi. (shrink)

We give anecdotal accounts from our own experience of scientific theories which have been generally accepted as the ruling opinion long after sufficient evidence has been collected for their disproof. This has led us to the opinion that the normal scientific process, of working hypothesis followed by experimental test aimed at disproof, is being replaced by the ruling opinion followed by experiment aimed at confirmation. The apparently widespread adoption of this procedure may be postulated to arise in part from the (...) need for workers entering a new field of study to obtain grants and to get their results published. (shrink)

The concept of the "unlevel playing field" is critiqued for its tendency to take the prevailing masculinist managerial paradigm for granted. Rather than assume that both men and women should assimilate to corporate masculinity, feminist alternatives are suggested. The pervasiveness of the masculine ethic and the "myth of meritocracy" in organizations are reviewed, with the space shuttle Challenger disaster serving as a focal point to demonstrate the dysfunctionality of masculine management and the rationale for feminist-based organizational transformation to promote not (...) only gender equity, but more effective and ethical organizational behavior. (shrink)

In the original publication, funding information was missing: Andy Clark was supported by ERC Advanced Grant 692739.

If temporal parts are bona fide parts, then it is fitting to clarify and extend that notion (and related ones) using the resources of a theory of parts. But it often seems that those engaged in the 3D/4D debate appear to take for granted that, aside from introducing a welcome measure of rigor to the discussion, issues regarding theories of parthood can be allowed to recede into the background. What follows challenges that assumption — I demonstrate that the nature of (...) the fundamental mereological relation1 can decisively influence the outcome of the debate over persistence. In short, I show that if the fundamental mereological relation is proper parthood-at-atime then four-dimensionalism is false.2 Recognizing this does at least two things for us. First, it supplies a framework in which three-dimensionalists can clarify two things they have tended to say all along, namely that persisting things are ‘wholly present’ throughout their careers and that they do not have temporal parts. Second, it re-focuses the debate on a narrower and perhaps more tractable question: “What is the nature of the fundamental mereological relation?”. (shrink)

Sex matters. How men and women regard sex and bond sexually powerfully shapes the lifeworld. Sex is one of the major forces that influence a society and its background taken-for-granted norms. This chapter explores the ways in which the now dominant Western secular culture has generally deflated and demoralized the significance of sexual activity. Differences in preferred sexual activities are, according to this secular culture, to be appreciated as morally neutral lifestyle choices provided that they are consensual and affirm the (...) “dignity” of the parties involved. As I argue, the dominant secular culture seeks to place consensual sexual acts, of which the use of sex robots is just one additional example, beyond moral judgment, further isolating individuals from the rich social connections of traditional family life, thereby transforming the family and advancing the secularization of society. (shrink)

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were (...) tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)