O objetivo dessa pesquisa foi investigar a contribuição de Santo Agostinho para o desenvolvimento da Hermenêutica Jurídica, com a compreensão da influência de sobra obra no pensamento jurídico contemporâneo. Desde aspectos biográficos, foram explorados os principais conceitos do pensamento de Santo Agostinho, a partir do diálogo que esses conceitos realizam com a contemporaneidade e com a hermenêutica moderna. A pesquisa foi realizada a partir do método hipotético-dedutivo, a partir da formulação de hipóteses gerais que permitem a obtenção de respostas potencialmente (...) válidas. Quanto aos meios, a pesquisa foi bibliográfica, com o uso da doutrina delimitada ao tema, para o cumprimento dos fins qualitativos. Chegou-se à conclusão de que a obra de Santo Agostinho mantém a sua relevância na temática da hermenêutica, com a aplicação de vários de seus conceitos no campo de atuação e análise da Hermenêutica Jurídica. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

In this paper I present an interpretation of Wittgenstein’s account of rulefollowing, including what implications he suggests this account has for philosophy. The account suggests that neither one’s interpretation nor the rule itself are criteria by which we may conclude a rule was followed correctly or not. Rather it is through training, regularity, habit and social expectation-in short, by the consequences of action-that an action is considered in accord with a rule. I argue that even if we accept Wittgenstein’s account (...) of rule-following, certain philosophically important implications follow. (shrink)

Can we formulate a moral theory that captures the moral significance of patterns of group behaviour we cannot affect through our own action while at the same time avoiding the so-called ‘Ideal Worlds’ objection? In a recent article, Caleb Perl has argued that we can. Specifically, Perl claims that one view that does so is his Patterned View: roughly, you ought to act only in accordance with that set of sufficiently general rules that has optimal moral value (Perl 2021: 98). (...) The Patterned View undoubtedly constitutes a welcome contribution to our existing set of moral theories. However, does it avoid the Ideal Worlds objection? In this article, I argue ‘no’. (shrink)

Short overview of the From Small Beginnings Project and its relevance for resisting eugenics in contemporary society.

Western Self-Contempt travels through civilizations since antiquity, examining major political events and the literature of ancient Greece, Rome, France, Britain, and the United States, to study evidence of cultural self-hatred and its cyclical recurrence. Benedict Beckeld explores oikophobia, described by its coiner Sir Roger Scruton as "the felt need to denigrate the customs, culture and institutions that are identifiably 'ours,'" in its political and philosophical applications. Beckeld analyzes the theories behind oikophobia along with their historical sources, revealing why oikophobia is (...) best described as a cultural malaise that befalls civilizations during their declining days. Beckeld gives a framework for why today's society is so fragmented and self-critical. He demonstrates that oikophobia is the antithesis of xenophobia. By this definition, the riots and civil unrest in the summer of 2020 were an expression of oikophobia. Excessive political correctness that attacks tradition and history is an expression of oikophobia. Beckeld argues that if we are to understand these behaviors and attitudes, we must understand oikophobia as a sociohistorical phenomenon. Western Self-Contempt is a systematic analysis of oikophobia, combining political philosophy and history to examine how Western civilizations and cultures evolve from naïve and self-promoting beginnings to states of self-loathing and decline. Concluding with a philosophical portrait of an increasingly interconnected Western civilization, Beckeld reveals how past events and ideologies, both in the US and in Europe, have led to a modern culture of self-questioning and self-rejection. (shrink)

Offers an analysis of three strongly contrasting primitive civilizations, showing how behavior is influenced by custom and tradition.

Caesarean delivery is a common and life-saving intervention. However, it involves an overall increased risk for short-term and long-term complications for both mother and child compared with vaginal delivery. From a medical point of view, healthcare professionals should, therefore, not recommend caesarean sections without any anticipated medical benefit. Consequently, caesarean sections requested by women for maternal reasons can cause conflict between professional recommendations and maternal autonomy. How can we assure ethically justified decisions in the case of caesarean sections on maternal (...) request in healthcare systems that also respect patients’ autonomy and aspire for shared decisions? In the maternal–professional relationship, which can be characterised in terms of reciprocal obligations and rights, women may not be entitled to demand a C-section. Nevertheless, women have a right to respect for their deliberative capacity in the decision-making process. How should we deal with a situation of non-agreement between a woman and healthcare professional when the woman requests a caesarean section in the absence of obvious medical indications? In this paper, we illustrate how the maternal–professional relationship is embedded in a nexus of power, trust and risk that reinforces a structural inferiority for women. To accommodate for beneficial use of power, these decision processes need to be trustworthy. We propose a framework, inspired by Lukes’ three-dimensional notion of power, which serves to facilitate trust and allows for beneficial power in shared processes of decision-making about the delivery mode for women requesting planned C-sections. (shrink)

This article asks about the conditions of a sociological operationalization of the capability approach developed by Amartya Sen and Martha Nussbaum. Raising the question of freedom and social opportunities, the capability approach has so far mainly been discussed by economists and philosophers. In order to adopt this approach for a sociological and pragmatist perspective, it engages with methodological and theoretical issues. Whereas capabilities have until now mainly been studied within quantitative frameworks, the author opts for a qualitative method of inquiry (...) that draws on a pragmatist and configurational approach. Such a shift towards qualitative inquiry is a key condition for a better sociological understanding of notions like freedom and opportunities that stand at the core of the capability approach. (shrink)

Reverse mathematics is a program in mathematical logic that seeks to give precise answers to the question of which axioms are necessary in order to prove theorems of "ordinary mathematics": roughly speaking, those concerning structures that are either themselves countable, or which can be represented by countable "codes". This includes many fundamental theorems of real, complex, and functional analysis, countable algebra, countable infinitary combinatorics, descriptive set theory, and mathematical logic. This entry aims to give the reader a broad introduction to (...) the history, methodology, and results of the reverse mathematics program, with a particular focus on its connections to foundational programs such as finitism, constructivism, and predicativism. (shrink)

In the debates on the roles of cultures in the ethics of human rights, one of them concerns Confucianism and Ubuntu, two prominent cultures in East Asia and Southern Africa, respectively. Some scholars assert that both cultures have values that are sharply different from the West, and conclude that the West should learn from these cultures. The aim of this paper is to philosophically investigate the roles of cultures in the ethics of human rights. I first introduce the works of (...) Bell, Metz and others on community values such as relationships and harmony in Confucianism and Ubuntu. I then argue that even if their interpretations were correct, their works still would not justify the conclusion they want. I show that it is better to use consequential evaluation rather than cultural evaluation to justify human rights. An example of human rights to health and privacy is discussed. This paper thus offers some preliminary but important philosophical investigations and addresses practical issues of consequential evaluation related to human rights. Keywords : Confucianism, Ubuntu, Cultural Evaluation, Consequential Evaluation, Human Rights, Health, Privacy. (shrink)

Knowledge of what it’s like to have perceptual experiences, e.g. of what it’s like to see red or taste Turkish coffee, is phenomenal knowledge; and it is knowledge the substantial or significant nature of which is widely assumed to pose a challenge for physicalism. Call this the New Challenge to physicalism. The goal of this paper is to take a closer look at the New Challenge. I show, first, that it is surprisingly difficult to spell out clearly and neutrally what (...) the New Challenge is in fact urging the physicalist to explain. What initially look like plausible or promising ways of making sense of it turn out to be either question begging or insufficient to generate a challenge to physicalism at all. I go on to suggest that what the New Challenge may be asking the physicalist to explain may be the fact that we come to token certain higher-order judgments about the significance of phenomenal knowledge. I end with a discussion of the implications of this interpretation of the New Challenge—which turns out to be as much a challenge for the anti-physicalist as it is for the physicalist. (shrink)

In recent years, multifetal pregnancy reduction (MFPR) has increasingly been the subject of debate in Norway, and the intensity reached a tentative maximum when Legislation Department delivered the interpretative statement § 2 - Interpretation of the Abortion Act in 2016 in response to the Ministry of Health (2014) requesting the Legislation Department to consider whether the Law on abortion allows for MFPR of healthy fetuses in multiple pregnancies. The Legislation Department concluded that current abortion laws allow MFPR within the framework (...) the law otherwise stipulates. The debate has not subsided, and during autumn 2018, it was further intensified in connection with the Christian Democrat "crossroads" and signals from the Conservatives to consider removing §2.3c and to forbid MFPR. -/- Many of the arguments in the MFPR debate appear seemingly similar to arguments pending in the general abortion debate, and an analysis of what sets MFPR apart from other abortions is wanting. The aim of this article is, therefore, to examine whether there is a moral distinction between abortion and MFPR of healthy fetuses. We will cover the typical arguments of the Norwegian debate, and highlight them with scholarly articles from the literature. The most important arguments against MFPR that we have identified we have dubbed the harm argument, slippery-slope argument, intent argument, grief argument, psychological long-term effects for the woman and sorting argument. We conclude that counter-arguments do not measure up in terms of detecting a morally relevant difference between MFPR of healthy fetuses and abortions. Our conclusion is therefore that—despite what several debaters seem to think—there is no morally relevant difference between the two. Therefore, when we allow abortion, we should also allow MFPR. (shrink)

In recent years, multifetal pregnancy reduction has increasingly been a subject of debate in Norway. The intensity of this debate reached a tentative maximum when the Legislation Department delivered their interpretative statement, Section 2 - Interpretation of the Abortion Act, in 2016 in response to a request from the Ministry of Health that the Legislation Department consider whether the Abortion Act allows for MFPR of healthy fetuses in multiple pregnancies. The Legislation Department concluded that the current abortion legislation [as of (...) 2016] allows for MFPR subject to the constraints that the law otherwise stipulates. The debate has not subsided, and during autumn 2018 it was further intensified in connection with the Norwegian Christian Democratic "crossroads" policy and signals from the Conservatives to consider removing section 2.3c and to forbid MFPR. Many of the arguments in the MFPR debate are seemingly similar to arguments put forward in the general abortion debate, and an analysis to ascertain what distinguishes MFPR from other abortions has yet to be conducted. The aim of this article is, therefore, to examine whether there is a moral distinction between abortion and MFPR of healthy fetuses. We will cover the typical arguments emerging in the debate in Norway and exemplify them with scholarly articles from the literature. We have dubbed the most important arguments against MFPR that we have identified the harm argument, the slippery-slope argument, the intention argument, the grief argument, the long-term psychological effects for the woman argument, and the sorting argument. We conclude that these arguments do not measure up in terms of demonstrating a morally relevant difference between MFPR of healthy fetuses and other abortions. Our conclusion is, therefore — despite what several discussants seem to think — that there is no morally relevant difference between the two. Therefore, on the same conditions as we allow for abortions, we should also allow MFPR. Keywords: abortion, ethics, medical ethics, MFPR, selective MFPR. (shrink)

Among the characteristic features of depression is a diminishment in or lack of action and motivation. In this paper, I consider a dominant philosophical account which purports to explain this lack of action or motivation. This approach comes in different versions but a common theme is, I argue, an over reliance on psychologistic assumptions about action–explanation and the nature of motivation. As a corrective I consider an alternative view that gives a prominent place to the body in motivation. Central to (...) the experience of depression are changes to how a person is motivated to act and, also as central, are changes to bodily feelings and capacities. I argue that broadly characterizing motivation in terms of bodily capacities can, in particular, provide a more compelling account of depressive motivational pathology. (shrink)

"Characterized by breadth of coverage, a refreshingly balanced approach to controversial issues, & a highly readable style."-Theological Studies.

It is a striking fact from reverse mathematics that almost all theorems of countable and countably representable mathematics are equivalent to just five subsystems of second order arithmetic. The standard view is that the significance of these equivalences lies in the set existence principles that are necessary and sufficient to prove those theorems. In this article I analyse the role of set existence principles in reverse mathematics, and argue that they are best understood as closure conditions on the powerset of (...) the natural numbers. (shrink)

Loin de se cantonner à une aide exceptionnelle et d’urgence, l’aide alimentaire est devenue le moyen de se nourrir pour des milliers de personnes. Dans cet article, l’autrice ne s’intéresse pas seulement à la question de l’aide, mais à celle plus globale du système alimentaire, de la production à la distribution. Partie du don inconditionnel avec les Restos du Cœur, l’aide alimentaire s’est profondément éloignée de l’esprit Coluche empreint de partage et d’humanisme, pour aller vers une organisation à but économique (...) qui conduit à des violences alimentaires. Les bénéficiaires sont en effet assignés à une nourriture qu’ils n’ont pas choisie et qui heurte souvent leurs pratiques ou leur culture. Il s’agit pour les agro-industriels et distributeurs de faire des profits, spéculer sur le prix des denrées de base, recycler les produits invendables en « ramasses », profiter des subventions en denrées du Fonds social européen. Face à cette situation catastrophique, l’autrice jette les bases d’une Sécurité sociale alimentaire, universelle et répondant au droit à l’alimentation. (shrink)

Balfe argues against enhanced interrogation. He particularly focuses on the involvement of U.S. healthcare professionals in enhanced interrogation. He identifies several empirical and normative factors and argues that they are not good reasons to morally justify enhanced interrogation. I argue that his argument can be improved by making two points. First, Balfe considers the reasoning of those healthcare professionals as utilitarian. However, careful consideration of their ideas reveals that their reasoning is consequential rather than utilitarian evaluation. Second, torture is a (...) serious human rights abuse. When healthcare professionals become involved in enhanced interrogation, they violate not only human rights against torture but also human rights to health. Considering the consequential reasoning against human rights abuses, healthcare professionals’ involvement in enhanced interrogation is not morally justified. Supplementing Balfe’s position with these two points makes his argument more complete and convincing, and hence it can contribute to the way which shows that enhanced interrogation is not justified by consequential evaluation. (shrink)

This article concerns the nature and limits of individuals’ rights to privacy over information that they have made public. For some, even suggesting that an individual can have a right to privacy over such information may seem paradoxical. First, one has no right to privacy over information that was never private to begin with. Second, insofar as one makes once-private information public – whether intentionally or unintentionally – one waives one’s right to privacy to that information. In this article, however, (...) we suggest the moral situation is more complicated than this. Rather, we argue that there is a class of public information – namely, once-private information that individuals have made public unintentionally – which remains within the scope of an individuals’ right to privacy, even when it has passed into the public domain. Significantly, this class includes any information rights-holders were unaware could be inferred from information they have made public and which they would not otherwise have wanted to be in the public domain. As we show, as well as clarifying several everyday dilemmas with regards to individuals’ privacy rights, this finding has elucidates a number of problems in the ethics of Big Data. (shrink)

Abstract In recent debates, both physicalist and anti-physicalist philosophers of mind have come to agree that understanding the nature of phenomenal concepts is key to understanding the nature of phenomenal consciousness itself. Recently, however, Derek Ball (2009) and Michael Tye (2009) have argued that there are no such concepts. Their case is especially troubling because they make use of a type of argument that proponents of phenomenal concepts have typically found persuasive in other contexts; namely, arguments much like those that (...) Tyler Burge used to motivate a certain form of externalism about mental content. The goal of this paper is to defend phenomenal concepts against this line of attack. Burge-style arguments, I contend, cannot be successfully used to make the case that there are no phenomenal concepts. As such, phenomenal concepts must remain central to understanding the nature of phenomenal consciousness. (shrink)

Qualitative research poses ethical issues and challenges unique to the study of human beings. In developing the interpersonal relationship that is critical to qualitative research, investigator and participant engage in a dialogic process that often evokes stories and memories that are remembered and reconstituted in ways that otherwise would not occur. Ethical issues are raised when this relationship not only provides qualitative research data, but also leads to some degree of therapeutic interaction for the participant. The purpose of this article (...) is to examine some of the controversies inherent in the researcher's dilemma when this occurs, set within the context of a nursing caring theory (Swanson), and the International Council of Nurses Code of ethics for nurses, which provides guidance on global nursing practice. (shrink)

The increasing pressure from different facets of society exerted on multinational companies to become more philanthropic and claim ownership of their impacts is now becoming a standard practice. Although research in corporate social responsibility has arguably been recent, the application of activities taking a voluntary form from MNCs seem to vary reflecting a plethora of factors, particularly one obvious being the backwater local communities of developing countries where most of the natural extraction projects are located. This chapter examines views of (...) two Papua New Guinea local communities hosting large-scale mining operations and explains the demands arising from situational relativities, which are becoming too conspicuous for mine developers not to ignore. The research undertaken with several assertions highlights the perceived imperativeness allowing companies to integrate the CSR into the essential management pursuits of running mines in PNG. (shrink)

Health systems that provide for universal patient access through a scheme of prepayments—whether through taxes, social insurance, or a combination of the two—need to make decisions on the scope of coverage that they secure. Such decisions are inherently controversial, implying, as they do, that some patients will receive less than comprehensive health care, or less than complete protection from the financial consequences of ill-heath, even when there is a clinically effective therapy to which they might have access.Controversial decisions of this (...) sort call for a public justification for covering or not covering a given treatment. Priority-setting agencies play a key role in providing such a justification. A recent... (shrink)

In philosophical debates on human rights between the East and the West, scholars argue whether rights in the Universal Declaration of Human Rights (UDHR) and other international documents (in short, “international human rights”) are universal or culturally relative. Some scholars who emphasize the importance of East Asian cultures (such as the Confucian tradition) have different attitudes toward civil and political rights (CP rights) than toward economic, social, and cultural rights (ESC Rights). They argue that at least some international human rights (...) on the list of CP rights are not universal and believe that East Asian cultures can contribute to the moral justification of ESC rights. This chapter introduces a philosophical argument to support a normative account of human rights. This normative account, called “the minimal account of human rights,” is based on the ideas of minimal values, especially essential necessities of dignity. Based on this account, we can explain why international human rights are both universal and justified by East Asian cultures, especially the Confucian tradition. To explain this minimal account and illustrate how it can be applied to debates on international human rights, this chapter focuses on debates on the international human rights to liberty on the list of CP rights and the human rights to health on the list of ESC rights. (shrink)

ABSTRACTEvaluative conditioning is a change in the liking of a stimulus due to its previous pairings with another stimulus. In three...

The study tests the hypothesis that conditional probability judgments can be influenced by causal links between the target event and the evidence even when the statistical relations among variables are held constant. Three experiments varied the causal structure relating three variables and found that (a) the target event was perceived as more probable when it was linked to evidence by a causal chain than when both variables shared a common cause; (b) predictive chains in which evidence is a cause of (...) the hypothesis gave rise to higher judgments than diagnostic chains in which evidence is an effect of the hypothesis; and (c) direct chains gave rise to higher judgments than indirect chains. A Bayesian learning model was applied to our data but failed to explain them. An explanation-based hypothesis stating that statistical information will affect judgments only to the extent that it changes beliefs about causal structure is consistent with the results. (shrink)

This paper explores the ways in which music educators have allowed others outside of music education to name who and how they are in the world. Often comfortable with voicing advocacy and purpose from the status of second class citizen, music educators are complicit in the very processes of reproduction they wish to challenge. Seeking to address what could be a privileged positioning of marginalized status, this paper also speaks to the spaces that are created that could afford possibilities of (...) transformation. Thus, rather than to allow the perceived netherworld of marginalized status to name who we are and can be, we can name our own reality as we challenge the ways in which our own thoughts, beliefs, and actions are acquired and reproduced. (shrink)

There are many East and West debates on human rights. One of them is whether all civil and political rights are human rights. On one hand, scholars generally agree that rights to physical security are human rights. On the other hand, some scholars argue that rights to political liberty are only Western rights but not human rights because political liberty conflicts with some East Asian cultural factors, especially the Confucian tradition. I argue that physical security also conflicts with some parts (...) of the Confucian tradition, but rights to physical security are still human rights because physical security is a minimal value. I then argue that political liberty, similar to physical security, is also a minimal value. Therefore, similar to rights to physical security, rights to political liberty are also human rights, even though political liberty also conflicts with some parts of the Confucian tradition. (shrink)

The use of robotic technology in healthcare is increasing. The aim was to explore attitudes toward the use of humanoid robots in healthcare among patients, relatives, care professionals, school actors and other relevant actors in healthcare and to analyze the associations between participants’ background variables and attitudes. The data were collected through a cross-sectional survey (N = 264) in 2018 where participants met a humanoid robot. The survey was comprised of background variables and items from a modified Robot Attitude Scale. (...) Multiple linear regression analysis and Spearman’s Rho correlation were used to analyze associations between variables. Most of the participants were positive toward the use of humanoid robots in healthcare and only a few were negative. Attitudes toward the use of humanoid robots were more positive among other relevant actors, such as service personnel and politicians in healthcare, participants with a higher educational level and older adults. More research is needed on the reasons underlying negative attitudes because these might affect the introduction of humanoid robots in healthcare. A careful evaluation of appropriate first target groups as well as which tasks are appropriate for humanoid robots to perform in healthcare are needed. (shrink)

For the role of utilitarianism in the ethics of war and peace, Shaw suggests there is a Utilitarian War Principle (UWP) and argues that the principles of the just war theory should be treated as intermediate principles that are subordinated to UWP. He also argues that the state should be the primary legitimate authority to wage war and holder of the right of national defense. I argue that the utilitarian approach should be specifically linked with contingent pacifism, a new understanding (...) of pacifism from within the just war tradition, and the utilitarian contingent pacifism only endorses individual self-defense but not national defense. This finding is not only theoretically important but has practical implications for the debate on Article 9 of the Japanese Constitution. Utilitarian contingent pacifism supports the idealist position that Article 9 is morally significant because it makes Japan a pioneer of the new kind of pacifism. (shrink)