In Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298, the New South Wales Court of Appeal held that exemplary (or punitive) damages are not available for breach of fiduciary duty or other equitable obligation. The decision runs counter to authorities in Canada, New Zealand and some U.S. states. Punitive (exemplary) damages is a hotly debated topic in the United States and it has attracted considerable interest among law and economics scholars, particularly in the tort litigation context. This article (...) analyzes the Digital Pulse case from a law and economics perspective. Polinsky and Shavell (among others) argue that the function of punitive damages is to achieve optimal deterrence in cases where the probability that the plaintiff will discover and successfully litigate the defendant’s wrongdoing is less than 1. Given the high costs of monitoring fiduciary behaviour, it might be tempting to conclude that exemplary damages should be routinely awarded for breach of fiduciary obligation. The article explains why this view is wrong. On the other hand, given the availability of gains-based remedies (the account of profits and the like) for breach of fiduciary obligation, it might be tempting to conclude that exemplary damages are never justified in fiduciary cases. The article explains why this view is wrong too. The main conclusions are that: (1) exemplary damages should be available for breach of fiduciary duty and the like, but not as a matter of course; and (2) exemplary damages were probably not warranted in Digital Pulse itself. (shrink)

I introduce a new version of Moral Error Theory, which I call Type-B Moral Error Theory. According to a Type-B theorist there are no facts of the kind required for there to be morality in stricto sensu, but there can be irreducible ‘normative’ properties which she deems, strictly speaking, to be morally irrelevant. She accepts that there are instrumental all things considered oughts, and categorical pro tanto oughts, but denies that there are categorical all things considered oughts on pain of (...) requiring ‘queer’ facts to obtain. I detail the most central motivation of this version of the theory against its more traditional rival, according to which there are no irreducible normative properties at all. The motivation is that it, unlike its rival, can successfully be defended against the notorious charge of self-defeat. (shrink)

First published in 1973, Sir Anthony Kenny’s classic introduction to Wittgenstein was widely praised for offering a lucid and historically informed account of the philosopher’s core concerns. Kenny's study is also remarkable for demonstrating the continuity between Wittgenstein’s early and late writings. Focusing on Wittgenstein’s philosophy of mind and language, Kenny closely examines the works of the middle years. He exposes apparent conflicts and then goes on to reconcile them, providing a persuasive argument for the unity of Wittgenstein’s thought. (...) This revised edition includes an extensive new introduction in which Kenny outlines developments in Wittgenstein scholarship since the book was first published and assesses Wittgenstein’s influence in the latter part of the twentieth century. (shrink)

Sir Anthony Kenny's engaging new multi-volume history of Western philosophy now advances into the modern era. The Rise of Modern Philosophy captures the fascinating story of the emergence, from the early sixteenth to the early nineteenth century, of the great ideas and intellectual systems that shaped modern thought. Kenny introduces us to some of the world's most original and influential thinkers and helps us gain an understanding of their famous works. The great minds we meet include Rene Descartes, traditionally (...) seen as the founder of modern philosophy; the great British philosophers Hobbes, Locke, and Hume; continental thinkers such as Spinoza, Liebniz, and Hegel; and the towering figure of Immanuel Kant, who perhaps more than any other made philosophy what it is today. Kenny first tells the story of modern philosophy chronologically: his lively, accessible narrative brings the philosophers to life and fills in the historical and intellectual background to their work. It is ideal as the first thing to read for someone new to this wonderfully creative period. Kenny then backtracks to look closely at each of the main areas of philosophical exploration in this period: knowledge and understanding; the nature of the physical universe; metaphysics (the most fundamental questions there are about existence); mind and soul; the nature and content of morality; political philosophy; and God. The book also features many intriguing and beautiful illustrations which evoke the human and social side of philosophy. Anyone who is interested in the evolution of modern thought will find this a book a treasure. (shrink)

While philosophers of mind have been arguing over the status of mental representations in cognitive science, cognitive scientists have been quietly engaged in studying perception, action, and cognition without explaining them in terms of mental representation. In this book, Anthony Chemero describes this nonrepresentational approach, puts it in historical and conceptual context, and applies it to traditional problems in the philosophy of mind. Radical embodied cognitive science is a direct descendant of the American naturalist psychology of William James and (...) John Dewey, and follows them in viewing perception and cognition to be understandable only in terms of action in the environment. Chemero argues that cognition should be described in terms of agent-environment dynamics rather than in terms of computation and representation. After outlining this orientation to cognition, Chemero proposes a methodology: dynamical systems theory, which would explain things dynamically and without reference to representation. He also advances a background theory: Gibsonian ecological psychology, "shored up" and clarified. Chemero then looks at some traditional philosophical problems through the lens of radical embodied cognitive science and concludes that the comparative ease with which it resolves these problems, combined with its empirical promise, makes this approach to cognitive science a rewarding one. "Jerry Fodor is my favorite philosopher," Chemero writes in his preface, adding, "I think that Jerry Fodor is wrong about nearly everything." With this book, Chemero explains nonrepresentational, dynamical, ecological cognitive science as clearly and as rigorously as Jerry Fodor explained computational cognitive science in his classic work The Language of Thought. (shrink)

What is the relationship between contemporary intellectual culture and the European Enlightenment it claims to reject? In Consequences of Enlightenment, Anthony Cascardi revisits the arguments advanced in Horkheimer and Adorno's seminal work Dialectic of Enlightenment. Cascardi argues against the view that postmodern culture has rejected Enlightenment beliefs and explores instead the continuities contemporary theory shares with Kant's failed ambition to bring the project of Enlightenment to completion. He explores the link between aesthetics and politics in thinkers as diverse as (...) Habermas, Derrida, Arendt, Nietzsche, Hegel, and Wittgenstein in order to reverse the tendency to see works of art simply in terms of the worldly practices among which they are situated. (shrink)

Shaftesbury's Characteristics of Men, Manners, Opinions, Times was published in 1711. It ranges widely over ethics, aesthetics, religion, the arts (painting, literature, architecture, gardening), and ancient and modern history, and aims at nothing less than a new ideal of the gentleman. Together with Locke's Essay Concerning Human Understanding and Addison and Steele's Spectator, it is a text of fundamental importance for understanding the thought and culture of Enlightenment Europe. This volume presents a new edition of the text together with an (...) introduction, explanatory notes and a guide to further reading. (shrink)

Buying and selling are the most natural activities common to human beings. In a society where profit overrides personal dignity and human rights, many people see market as a virtue-free zone. They do not believe that one can buy and sell without dishonest gains. Consequently, they are ready to do anything in the name of business: manufacturing and selling fake and substandard goods and services for originals. Today, markets are flooded with fake medical drugs, fake foods, fake drinks/water, fake motor (...) parts and fake building materials. Thus market exhibits exploitative and negative impacts on customer satisfaction. Its impact on human life and property leads to increased deaths because of poisoning, building collapses and even increased road accidents. Such market transaction lacks mutual benefit which is its telos. This paper seeks to establish that market is not a virtue-free zone. It has moral standards of excellence internal to it. (shrink)

This concise, authoritative encyclopedia from one of the world's most renowned theologians explores all the major themes in the philosophy of religion.

This new edition keeps the same successful format, with each chapter providing a self-contained introduction to the topic it discusses, rewritten to include ...

I introduce a new version of Moral Error Theory, which I call Type-B Moral Error Theory. According to a Type-B theorist there are no facts of the kind required for there to be morality instricto sensu, but there can be irreducible ‘normative’ properties which she deems, strictly speaking, to be morally irrelevant. She accepts that there areinstrumentalall things considered oughts, andcategoricalpro tanto oughts (both of which she deems morally irrelevant), but denies that there arecategoricalall things considered oughts on pain of (...) requiring ‘queer’ facts to obtain. I detail the most central motivation of this version of the theory against its more traditional rival, according to which there are no irreducible normative properties at all. The motivation is that it, unlike its rival, can successfully be defended against the notorious charge of self-defeat. (shrink)

Aquinas needs no introduction as one of the greatest minds of the middle ages. Highly influential on the development of Christian doctrine, his ideas are still of fundamental philosophical importance. This new critique of his natural law theory discusses the theory's background in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.

Taking a refreshingly hands-on approach to introductory ethics, A 21st Century Ethical Toolbox provides students with a set of tools to help them understand and make a constructive difference in real-life moral controversies. Thoroughly optimistic, it invites students to approach ethical issues with a reconstructive intent, making room for more and better options than the traditional "pro" and "con" positions that have grown up around tough problems like abortion and animal rights. Ideal for introductory and applied ethics courses, this unique (...) text does not treat ethics as a purely academic, historical, or theoretical subject, but as a wide-ranging and ongoing set of challenges that calls for multiple and interwoven kinds of intelligence. It covers the skills that are most vital to making real progress in ethics, including paying careful attention to the values at stake on all sides of an issue; looking for creative opportunities within difficult problems; critical-thinking skills such as defining key terms and making sure to judge similar cases alike; and learning how to engage in constructive dialogue. Instructors can readily use the experiential and applied activities inspired by this "toolbox" of practical skills to design an interactive and collaborative ethics course. Students can carry these essential skills directly from this book into such projects as campaigning for environmental awareness and staffing local homeless shelters. In addition to his own discussion, Weston includes gripping and provocative short selections from essayists, activists, and philosophers, and also cites his own students. Extensive "Exercises and Notes" sections end each chapter, and a detailed appendix offers instructors advice on how to use the Toolbox in the classroom. (shrink)

The guiding questions of this volume are: Can we have knowledge of the external world of things outside our minds?

This chapter addresses Immanuel Kant and the potential impasse of any philosophical account of religious experience. Various attempts within phenomenology are explored to broaden the notion of givenness and evidence beyond the parameters of object-givenness. Then, the chapter deals with a phenomenology of religious experience as an irreducible sphere of human experience, and its unique style of evidence and modalisations. For Kant, experience is limited to one mode of givenness in which objects of knowledge are actively constituted with the direct (...) implication that one cannot meaningfully speak of a religious experience. The recognition of the different quality of givenness in religious experience implicated the significant matter of religious evidence. (shrink)

This book uncovers and examines the confusion in antiquity between Aristotle's hypothetical syllogistic and Stoic logic, and offers a fresh perspective on the ...

It is known that, on average, people adapt their choice of memory strategy to the subjective utility of interaction. What is not known is whether an individual's choices are boundedly optimal. Two experiments are reported that test the hypothesis that an individual's decisions about the distribution of remembering between internal and external resources are boundedly optimal where optimality is defined relative to experience, cognitive constraints, and reward. The theory makes predictions that are tested against data, not fitted to it. The (...) experiments use a no-choice/choice utility learning paradigm where the no-choice phase is used to elicit a profile of each participant's performance across the strategy space and the choice phase is used to test predicted choices within this space. They show that the majority of individuals select strategies that are boundedly optimal. Further, individual differences in what people choose to do are successfully predicted by the analysis. Two issues are discussed: the performance of the minority of participants who did not find boundedly optimal adaptations, and the possibility that individuals anticipate what, with practice, will become a bounded optimal strategy, rather than what is boundedly optimal during training. (shrink)

Can the Hippocratic and Judeo-Christian traditions be synthesized with contemporary thought about practical reason, virtue and community to provide real-life answers to the dilemmas of healthcare today? Bishop Anthony Fisher discusses conscience, relationships and law in relation to the modern-day controversies surrounding stem cell research, abortion, transplants, artificial feeding and euthanasia, using case studies to offer insight and illumination. What emerges is a reason-based bioethics for the twenty-first century; a bioethics that treats faith and reason with equal seriousness, that (...) shows the relevance of ancient wisdom to the complexities of modern healthcare scenarios and that offers new suggestions for social policy and regulation. Philosophical argument is complemented by Catholic theology and analysis of social and biomedical trends, to make this an auspicious example of a new generation of Catholic bioethical writing which has relevance for people of all faiths and none. (shrink)

: Because an influenza pandemic would create the most serious hardships for those who already face most serious hardships, countries should take special measures to mitigate the effect of a pandemic on existing social inequalities. Unfortunately, there is little evidence that anybody is thinking about that.

Fallacies are things people commit, and when they commit them they do something wrong. What kind of activities are people engaged in when they commit fallacies, and in what way are they doing something wrong? Many different things are called fallacies. The diversity of the use of the concept of a fallacy suggests that we are dealing with a family of cases not related by a common essence. However, we suggest a simple account of the nature of fallacies which encompasses (...) them all, viz., the term “fallacy” is our most general term for criticizing any general procedure used for the fixation of beliefs that has an unacceptably high tendency to generate false or unfounded beliefs, relative to that method of fixing beliefs. Very different sorts of things called fallacies are examined in the light of this account, e.g., denying the antecedent, circular arguments, so-called informal fallacies, and propositions said to be fallacies. We do not provide a theory of fallacies. Still, on our account pretty much all of those things that have been called fallacies are fallacies, and they have been called fallacies for pretty much the same reasons. (shrink)

Preface to second edition -- The textures of society -- The contemporary relevance of the classics -- The frankfurt school -- Structuralism -- Post-structuralism -- Theories of structuration -- Contemporary critical theory -- Feminism and post-feminist theory -- Postmodernity -- Networks, risks, liquids -- Globalization -- Afterword.

Children are routinely treated paternalistically. There are good reasons for this. Children are quite vulnerable. They are ill-equipped to meet their most basic needs, due, in part, to deficiencies in practical and theoretical reasoning and in executing their wishes. Children’s motivations and perceptions are often not congruent with their best interests. Consequently, raising children involves facilitating their best interests synchronically and diachronically. In practice, this requires caregivers to (in some sense) manage a child’s daily life. If apposite, this management will (...) focus partly on a child’s well-being. To be ably executed, an account of children’s well-being will need to be articulated. This chapter focuses on the nature of children’s well-being. It has five sections. The first section clarifies the focus. The second section examines some hurdles to articulating a view of children’s well-being. The third section evaluates some accounts of children’s well-being. The fourth section addresses the view that children possess features essential to them that make their lives on balance prudentially bad for them. The fifth section sums things up. (shrink)

Many recent writers in the philosophy of mathematics have put great weight on the relative categoricity of the traditional axiomatizations of our foundational theories of arithmetic and set theory. Another great enterprise in contemporary philosophy of mathematics has been Wright's and Hale's project of founding mathematics on abstraction principles. In earlier work, it was noted that one traditional abstraction principle, namely Hume's Principle, had a certain relative categoricity property, which here we term natural relative categoricity. In this paper, we show (...) that most other abstraction principles are not naturally relatively categorical, so that there is in fact a large amount of incompatibility between these two recent trends in contemporary philosophy of mathematics. To better understand the precise demands of relative categoricity in the context of abstraction principles, we compare and contrast these constraints to stability-like acceptability criteria on abstraction principles, the Tarski-Sher logicality requirements on abstraction principles studied by Antonelli and Fine, and supervaluational ideas coming out of Hodes' work. (shrink)

What it is about mood, as a specific type of affect, that makes it not easily amenable to standard models of rationality? It is commonly assumed that the cognitive rationality of an affective state is somehow depended upon how that state is related to what the state is about, its so called intentional object; but, given that moods do not seem to bear an intentional relation to an object, it is hard to see how they can be in the offing (...) for rational assessment. In the first part of the paper I outline three ways of attributing intentionality to moods, raising for each one of them a series of problems, thus casting doubt on the viability of an intentionalist grounding for the rationality of moods. I then move to an examination of the view of moods as background feelings, which are intimately related to how we perceive the world; however, in my view, that approach fails to provide standards of assessment that would permit appraising the mood itself as rational or irrational. Finally, I look at an account of moods as mechanisms whose function is to monitor the balance between environmental demands and one’s physical or psychological resources. That is a promising way to proceed in our exploration of mood states; it faces though some formidable phenomenological challenges. All in all, defending the rationality of moods calls for a rethinking of the assumptions that are prevalent in the current literature over the representational dimension of affective states. (shrink)

Two thousand years ago, Lucretius said that everything is atoms in the void; it's physics all the way down. Contemporary physicalism agrees. But if that's so how can we—how can our thoughts, emotions, our values—make anything happen in the physical world? This conceptual knot, the mental causation problem, is the core of the mind-body problem, closely connected to the problems of free will, consciousness, and intentionality. Anthony Dardis shows how to unravel the knot. He traces its early appearance in (...) the history of philosophical inquiry, specifically in the work of Plato, Aristotle, Descartes, and T. H. Huxley. He then develops a metaphysical framework for a theory of causation, laws of nature, and the causal relevance of properties. Using this framework, Dardis explains how macro, or higher level, properties can be causally relevant in the same way that microphysical properties are causally relevant: by their relationship with the laws of nature. Smelling an orange, choosing the orange rather than the cheesecake, reaching for the one on the left instead of the one on the right-mental properties such as these take their place alongside the physical "motor of the world" in making things happen. (shrink)

Inspired by impossibility theorems of social choice theory, many democratic theorists have argued that aggregative forms of democracy cannot lend full democratic justification for the collective decisions reached. Hence, democratic theorists have turned their attention to deliberative democracy, according to which “outcomes are democratically legitimate if and only if they could be the object of a free and reasoned agreement among equals” (Cohen 1997a, 73). However, relatively little work has been done to offer a formal theory of democratic deliberation. This (...) article helps fill that gap by offering a formal theory of three different modes of democratic deliberation: myopic discussion, constructive discussion, and debate. We show that myopic discussion suffers from indeterminacy of long run outcomes, while constructive discussion and debate are conclusive. Finally, unlike the other two modes of deliberation, debate is path independent and converges to a unique compromise position, irrespective of the initial status quo. (shrink)

A philosophical discussion of children's well-being in which various existing views of well-being are discussed to determine their implications for children's well-being and a variety of views of children's well-being are considered and evaluated.

New technologies regularly bring about profound changes in our daily lives. Romantic relationships are no exception to these transformations. Some philosophers expect the emergence in the near future of love drugs: a theoretically achievable biotechnological intervention that could be designed to strengthen and maintain love in romantic relationships. We investigated laypeople’s resistance to the use of such technologies and its sources. Across two studies (Study 1, French and Peruvian university students, N after exclusion = 186; Study 2, Amazon Mechanical Turk (...) sample, N after exclusion = 693, pre-registered), we found that the use of love drugs designed to strengthen and maintain love in romantic relationships are considered as more morally problematic than psychological therapy with the same aim. In Study 2, we show that this last effect is partially due to the fact that the love resulting from the use of love drugs is perceived as less authentic, intense, and durable. We discuss the specific role of authenticity in the relative moral disapproval of love drugs. (shrink)

I argue that rather than aiming at the well-being of those whom we love, we should aim to share in their ends. The former stance runs the risk of being objectionably paternalistic and, as I explain, only the latter makes reciprocal relationships possible. I end by diagnosing our attraction to the idea that we should promote our loved-ones’ well-being.

This is an indispensible book for students, teachers and professional researchers in sociology, cultural studies, politics, feminism and philosophy.

Bare plural generic sentences pervade ordinary talk. And yet it is extremely controversial what semantics to assign to such sentences. In this paper, I achieve two tasks. First, I develop a novel classification of the various standard uses to which bare plurals may be put. This “variety data” is important—it gives rise to much of the difficulty in systematically theorizing about bare plurals. Second, I develop a novel account of bare plurals, the radical account. On this account, all bare plurals (...) fail to express propositions. The content of a bare plural has to be pragmatically “completed” by a speaker in order for her to make an assertion. At least the content of a quantifier expression has to be supplied. But sometimes, the content of a sentential operator or modal verb is also supplied. The radical account straightforwardly explains the variety data: Speakers’ communicative intentions vary wildly across different contexts. (shrink)

Resolving to finish reading a novel, staying true to your punk style, or dedicating your life to an artistic project: these are examples of aesthetic commitments. I develop an account of the nature of such commitments, and I argue that they are significant insofar as they help us manage the temporally extended nature of our aesthetic agency and our relationships with aesthetic objects. At the same time, focusing on aesthetic commitments can give us a better grasp on the nature of (...) aesthetic normativity; this is because, in making aesthetic commitments, we are capable of giving aesthetic concerns the weight of obligation. I argue that appealing to aesthetic commitments allows us to account for the existence of aesthetic obligations as well as their grounding. I conclude by arguing that, although the aesthetic domain is a domain of play and freedom of choice, there is nevertheless an important place in it for both aesthetic commitments and the aesthetic obligations they generate. (shrink)

A Practical Companion to Ethics, Fourth Edition, is a concise and accessible introduction to the basic attitudes and skills that make ethics work, like thinking for oneself, creative and integrative problem-solving, and keeping an open mind. This unique volume illuminates the broad kinds of practical intelligence required in moral judgment, complementing the narrower theoretical considerations that often dominate ethics courses. The optimistic tone and brisk pace of the narrative provide an entertaining and intelligent guide to "everyday" morality. The fourth edition (...) features a new chapter on ethical theories; significantly revised and expanded chapters on conflicts of value and creative problem- solving in ethics; and a new concluding chapter on "Making a Difference, " which explains how students can incorporate ethical thinking and practice into their daily lives. (shrink)

The primary difference between direct and inferential theories of perception concerns the location of perceptual content, the meaning of our perceptions. In inferential theories of perception, these meanings arise inside animals, based upon their interactions with the physical environment. Light, for example, bumps into receptors causing a sensation. The animal (or its brain) performs inferences on the sensation, yielding a meaningful perception. In direct theories of perception, on the other hand, meaning is in the environment, and perception does not depend (...) upon meaning- conferring inferences. Instead the animal simply gathers information from a meaning- laden environment. But if the environment contains meanings, then it cannot be merely physical. This places a heavy theoretical burden on direct theories of perception, a burden so severe that it may outweigh all the advantages to conceiving perception as. (shrink)

Written by a team of distinguished scholars, this is an authoritative and comprehensive history of Western philosophy from its earliest beginnings to the present day. Illustrated with over 150 color and black-and-white pictures, chosen to illuminate and complement the text, this lively and readable work is an ideal introduction to philosophy for anyone interested in the history of ideas. From Plato's Republic and St. Augustine's Confessions through Marx's Capital and Sartre's Being and Nothingness, the extraordinary philosophical dialogue between great Western (...) minds has flourished unabated through the ages. Dazzling in its genius and breadth, the long line of European and American intellectual discourse tells a remarkable story--a quest for truth and wisdom that continues to shape our most basic ideas about human nature and the world around us. That quest is brilliantly brought to life in The Oxford History of Western Philosophy. With spectacular illustrations--including sixteen pages of full-color plates--this splendidly written volume takes the reader on a magnificient chronological tour through the revolutions of thought that have forged the Western philosophical tradition from ancient times to the present. Throughout, the six contributors--an internationally renowned team of philosophers including Roger Scruton, Anthony Quinton, and Anthony Kenny--bring the astonishingly diverse, wide-ranging landscape of intellectual history into sharp focus, emphasizing how notions seen today as part of an inevitable march of ideas were in their own time often considered radical, if not revolutionary. Thus we are treated, for example, to lively accounts of how Plato's "theory of forms" and Aristotle's pioneering exercises in logic broke with the past to irrevocably alter the course of Western thought. The authors also reveal the relationships between landmark thinkers, and the ways they drew on their intellectual heritage. They show, for instance, how St. Augustine and Aquinas, though advancing the cause of Christian doctrine, picked up where their pagan Greek forebears had left off. We witness how, during the Renaissance, the profound empiricist ideas underlying Descarte's famous utterance--"I think, therefore I exist"--lived in a tense but complementary relationship with Locke's rationalist theories. Moving into the eighteenth and nineteenth centuries, the book explores how Hume greatly influenced Kant's conception of the "transcendental aesthetic," and how Hegel drew upon the lesser known (but groundbreaking) work of Fichte and Schelling. The authors bring the story up to our own time, vividly recounting the existential trend from Nietzsche ("God is dead") to Sartre, along with other increasingly fractious schools of thought. Along the way, we not only encounter the vast intellectual riches of the Western mind, but we also meet the personalities behind the great thoughts, from the saintly Hume (described by Adam Smith as having "come as near to perfection as anybody could") to the ill-mannered outcast Fichte. And the hundreds of maps and striking illustrations (including full-color reproductions of art ranging from medieval manuscripts to the works of Raphael, Ingres, and Magritte) form an integral part of the book, revealing the interweaving of art and ideas through the ages, as artists have striven to give visual immediacy to philosophical concepts. The Oxford History of Western Philosophy is the most authoritative single-volume account ever written for the general reader. Engagingly written and astonishingly far-reaching, it provides the consummate introduction to the intellectual bedrock upon which Western civilization is built. (shrink)

Anthony Kenny on his personal struggles with belief.