In the context of understanding Nature's Contribution to People, this article explores the Mapuche value system and its contributions to living well by conserving nature. Through the context-specific approach, the findings shows that the Mapuche Az-Mapu is important for bio-cultural conservation in Chile. Deepening understanding of the distinct Mapuche value system shows the importance of rights and sovereignty for other coastal stateless nations who are enhancing bio-cultural conservation around the world. The article explores the importance of maintaining Mapuche values in (...) the context of Indigenous Marine Areas in Chile and linking to land-based rights. This research makes use of semi structured interviews and intercultural dialogue among the authors, to understand how traditional Mapuche concepts under the framework of Az-Mapu, are continued today in local marine conservation and other ecosystems. In this context, we ask how well these eudemonic relational values resonate with Mapuche values of nature. This article shows that rights for the marine environment can be expanded to additionally allow indigenous communities safeguard wetlands, lakes and forests which are indivisible under Az-Mapu. Greater recognition of this different form of valuation can better account for the dynamic relations between individuals, cultures, and ecosystems, as well as showing the importance in allowing indigenous communities to take back control of conservation under their own terms. (shrink)

Essentially everyone agrees that the outlawing of slavery, or the beginning of women’s suffrage, or the defeat of Nazism constitute paradigmatic examples of moral progress in human history. But this consensus belies a deep division about the nature of moral progress more generally, a consequence of the foundational differences among and within normative traditions regarding the nature and scope of the ‘moral’ in moral progress. This essay proposes that philosophers might nonetheless converge on a working definition of moral progress by (...) identifying a proxy property that reliably tracks moral progress, but which does not purport to be coextensive with the philosophically-relevant property. The aim of this essay is to identify this proxy property with emerging empirical measures of population welfare, and to show why this indicator of moral progress can garner overlapping consensus from a variety of normative traditions. (shrink)

In recent years, philosophers and psychologists have resurrected a debate at the intersection of metaphysics and moral psychology. The central question is whether we can conceive of moral agents as deterministic systems unfolding predictably and inevitably under constant laws without psychologically damaging the pro-social attitudes and moral emotions that grease the wheels of social life. These concerns are sparked by recent experiments documenting a decline in the ethical behavior of participants primed with deterministic metaphysics. But this literature has done little (...) to sway most contemporary philosophers who have instead emphasized determinism's positive social impact in motivating more compassionate responses to social deviance. This article presents the case for a middle position. It argues that the ?deterministic conception of human action? (the DCA) is likely to have a dual impact on human moral psychology. On one hand, the DCA is likely to mollify one of our species? least admirable tendencies involving retributive moral anger, while concomitantly exacerbating one of our worst, namely our tendency toward moral apathy. This article begins with an overview of this emerging interdisciplinary debate, offers the evidence for a middle position, and concludes with suggestions for mitigating the negative social impact of deterministic metaphysics. (shrink)

Despite its prominence in traditional societies and its apparent commonsense appeal, the moral tradition of Role Ethics has been largely neglected in mainstream normative theory. Role Ethics is the view that the duties and/or virtues of social life are determined largely by the social roles we incur in the communities we inhabit. This essay aims to address two of the main challenges that hinder Role Ethics from garnering more serious consideration as a legitimate normative theory, namely that it is ill-suited (...) to support a theory of right action that can enhance moral reasoning, and that it countenances certain unjust roles such as that of slave or slave-owner. Taking inspiration from contemporary social science, we argue that proponents of Role Ethics can adopt a view that reduces the apparent diversity of role obligations to four prototypical types of role duties. We propose a contemporary version of Role Ethics that coheres with human moral psychology, and which lends itself to a relatively pragmatic theory of right action that precludes the possibility of unjust roles. (shrink)

In Taking Christian Moral Thought Seriously--the first book in the Christian Ethics series--editor Jeremy A. Evans establishes that the separation of church and state is not a principle of the U.S. Constitution (or any other founding ...

This special issue considers the significance of film to the establishment and development of scientific approaches to the mind. Bonnie Evans explores how the origins of film technologies in 1895 in France encouraged a series of innovative collaborations, influencing both psychological theorisation, and new filming techniques. Jeremy Blatter explains how Harvard psychologist Hugo Münsterberg created early films specifically designed to engage audiences using psychological tactics. Scott Curtis’ article examines how Yale psychologist Arnold Gesell was able to extract scientific (...) data from a film. Felix Rietmann’s article explores a collection of infant observation films from the 1930s and 1960s and how they developed unique narratives of mothers’ engagement with their children that did not necessarily match up with dominant scientific theories. Janet Harbord's article considers how a trilogy of films made at the Maudsley Hospital in the 1950s engaged with innovative film-making techniques that captured behaviour as discrete units. Seth Watter further examines how William S. Condon's use of the unique technology of the Bell and Howell 173BD projector in the 1960s created new understandings of human behaviour that could not have been predicted in advance, and which were highly influenced by the technology itself. Finally, Des O’Rawe explores how radical approaches in both anti-psychiatry, and documentary film-making in the 1960s created new opportunities for audiences to engage with different psychological states. All of these developments in film and psychology continue to influence understandings in both these fields to the present day. (shrink)

The question has long confounded philosophers and scientists, and it is this so-called explanatory gap between biological life and consciousness that Evan ...

As idealized descriptions of mathematical language, there is a sense in which formal systems specify too little, and there is a sense in which they specify too much. On the one hand, formal languages fail to account for a number of features of informal mathematical language that are essential to the communicative and inferential goals of the subject. On the other hand, many of these features are independent of the choice of a formal foundation, so grounding their analysis on a (...) particular choice of a formal system introduces unnecessary specificity. This chapter begins to map out the design features of mathematical language without descending to the level of formal implementation, drawing on examples from the mathematical literature and insights from the design of computational proof assistants and their libraries. (shrink)

Engagements with Contemporary Literary and Critical Theory is a wide-ranging but accessible introduction that illuminates the field of theory through a variety of useful and relevant examples. Covering all key theories and theorists, this book looks at the relation of theory to form, discourses, subjectivity, media and networks, and environments. Organized thematically, Engagements with Contemporary Literary and Critical Theory illuminates the field by focusing on the concepts and methodologies of key thinkers, while also providing historical introductions that contextualize the latest (...) developments with regard to forms; discourses; subjectivities and embodiments; media, networks, and machines; and animals, affects, objects, and environments. Each chapter includes examples from a canonical novel, a contemporary text, and a new media artefact, while textboxes regularly introduce additional emerging or overlooked theorists of interest. An ideal guide for undergraduates studying literary theory, this book will give readers the background they need to continue their own fruitful explorations of this vibrant field of study. (shrink)

• An adequate conceptual framework is still needed to account for phenomena that (i) have a first-person, subjective-experiential or phenomenal character; (ii) are (usually) reportable and describable (in humans); and (iii) are neurobiologically realized.2 • The conscious subject plays an unavoidable epistemological role in characterizing the explanadum of consciousness through first-person descriptive reports. The experimentalist is then able to link first-person data and third-person data. Yet the generation of first-person data raises difficult epistemological issues about the relation of second-order awareness (...) or meta-awareness to first-order experience (e.g. (shrink)

Most of us believe that partiality applies in a broad range of relationships. One relationship on which there is much disagreement is co-nationality. Some writers argue that co-national partiality is not justified in certain cases, like killing in war, since killing in defense of co-nationals is intuitively impermissible in other contexts. I argue that this approach overlooks an important structural feature of partiality—namely, that its scope is sometimes restricted. In this essay, I show how some relationships that generate reasons of (...) partiality are restricted in scope—that is, they generate reasons within particular contexts or with respect to particular goods. I then argue that co-national partiality is scope restricted. I then show how this fact helps proponents of co-national partiality overcome the aforementioned objection to its application in cases like war. (shrink)

The contractarian theory elaborated by John Rawls in A Theory of Justice exploits the difference principle in a great many ways. Rawls argues that, when used as part of a set of guiding principles for structuring the basic institutions of society, it simplifies the problem of interpersonal comparisons (91-4)1, helps compensate for the arbitrariness of natural endowments (101-3), promotes a harmony of interests between citizens (104-5), reintroduces the principle of fraternity to democratic society (105-6), and, what is critical to his (...) contractarian theory, it is an essential part of the principles of justice which would be chosen by free, equal, and rational persons in the original position. (shrink)

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

Of all the demands that mathematics imposes on its practitioners, one of the most fundamental is that proofs ought to be correct. It has been common since the turn of the twentieth century to take correctness to be underwritten by the existence of formal derivations in a suitable axiomatic foundation, but then it is hard to see how this normative standard can be met, given the differences between informal proofs and formal derivations, and given the inherent fragility and complexity of (...) the latter. This essay describes some of the ways that mathematical practice makes it possible to reliably and robustly meet the formal standard, preserving the standard normative account while doing justice to epistemically important features of informal mathematical justification. (shrink)

The COVID-19 global pandemic has shone a light on several important ethical questions, ranging from fairness in resource allocation to the ethical justification of government mandates. In addition to these institutional issues, there are also several ethical questions that arise at the interpersonal level. This essay focuses on several of these issues. In particular, I argue that, despite the insistence in public health messaging that avoiding infecting others constitutes ‘saving lives’, virus transmission that results in death constitutes an act of (...) killing. Whether this killing is wrongful depends on several factors. I consider one intuitively plausible view—namely, that in many cases, killing via unintentional transmission is not wrongful, because the parties in question have implicitly waived their rights against this harm, often via reciprocal risk imposition. I argue that this view is mistaken, but that its central insight can be better captured by identifying the appropriate standards of blame that we ought to apply during a pandemic. I conclude by showing how these conclusions can be fruitfully applied to certain institutional questions, such as helping to justify restricting government mandates. (shrink)

We discuss from a philosophical perspective the way in which the normal concept of time might be said to `emerge' in a quantum theory of gravity. After an introduction, we briefly discuss the notion of emergence, without regard to time. We then introduce the search for a quantum theory of gravity ; and review some general interpretative issues about space, time and matter. We then discuss the emergence of time in simple quantum geometrodynamics, and in the Euclidean approach. Section 6 (...) concludes. (shrink)

Outside of philosophy, the idea that workers deserve to be paid according to their productive contributions is very popular. But political philosophers have given it relatively little attention. In this paper, I argue against the attempt to use this idea about desert and contribution to vindicate significant income inequality. I claim that the inegalitarian invocation of reward according to contribution fails on its own terms when the following condition holds: the size of each worker's contribution depends on what others only (...) together do. When workers only together make another more productive, that is not reflected in the sum of their own contributions. Thus reward according to contribution recognizes individual accomplishments without recognizing their dependence on collectives, dependence that is, in complex economies, ubiquitous. (shrink)

Low-level dishonesty is rife everywhere, in the form of exaggeration, selective use of facts, economy with the truth, careful drafting - from Trump and the Brexit debate to companies that tell us 'your call is important to us'. How did we get to a place where bullshit is not just rife but apparently so effective that it's become the communications strategy of our times? This brilliantly insightful book steps inside the panoply of deception employed in all walks of life and (...) assesses how it has come to this. It sets out the surprising logic which explains why bullshit is both pervasive and persistent. Why are company annual reports often nonsense? Why should you not trust estate agents? And above all, why has political campaigning become the art of stretching the truth? Drawing on behavioural science, economics, psychology and of course his knowledge of the media, Evan ends by providing readers with a tool-kit to handle the kinds of deceptions we encounter every day, and charts a route through the muddy waters of the post-truth age." -- Publisher's website. (shrink)

"Arguing that debates over legitimacy, political violence, freedom, and justice would benefit greatly from cross-tradition theorizing, this book shows how putting analytic and continental political theory in conversation would help us to overcome these intractable problems"--.

Universities and other research institutions are increasingly providing additional training in research integrity to improve the quality and reliability of research. Various training courses have been developed, with diverse learning goals and content. Despite the importance of training that focuses on moral character and professional virtues, there remains a lack of training that adopts a virtue ethics approach. To address this, we, a European Commission-funded consortium, have designed a train-the-trainer programme for research integrity. The programme is based on (1) virtue (...) ethics, (2) the ethos of science, (3) learning by doing and (4) learner-centred teaching. The blended learning programme combines e-learning modules with participatory group sessions. Trainers are taught how to guide researchers through a series of structured exercises for fostering reflection on scientific virtues, and how to promote understanding and application of the European Code of Conduct for Research Integrity. Trainers are provided with adaptable tools and resources that can be used and combined in different ways. The programme implementation began in Spring 2020 and 470 trainers have participated to date. When trainers were asked to grade – between 0 (very bad) and 10 (excellent) – the e-learning modules and the participatory exercises, 60% scored a grade 8 or higher (median = 8, IQR = 2) for the e-learning modules, whereas 80% scored a grade 8 or higher (median = 9, IQR = 1) for the participatory exercises. A majority felt that the training helped them as a trainer to learn about ways to organise and teach a research integrity course (82%) and would recommend the interactive exercises to others (92%). Trainers have educated over 3300 researchers in Europe using our virtue-based approach. The VIRT2UE train-the-trainer programme fosters research integrity by providing trainers with exercises and tools which enable them to stimulate the development of good researchers across Europe. (shrink)

It's often said that according to deflationary theories of truth, truth is not a ‘substantial’ property. While this is a fine slogan, it is far from transparent what deflationists mean (or ought to mean) in saying that truth is ‘insubstantial’. Focusing so intently upon the concept of truth and the word ‘true’, I argue, deflationists and their critics have been insufficiently attentive to a host of metaphysical complexities that arise for deflationists in connection with the property of truth. My aim (...) is to correct several misunderstandings as to what deflationists are after here—including some harboured by deflationists themselves—and to offer an account of the commitments about truth's nature that they ought to undertake. In developing this account, I focus particularly upon the issue of what metaphysics of truth a Horwichian minimalist ought to adopt. (shrink)

This volume makes available one of the central texts in the development of utilitarian tradition, in the authoritative 1977 edition prepared by Professors Burns and Hart as part of Bentham's Collected Works. Certain that history was on his side, Bentham sought to rid the world of the hideous mess wrought by legal obfuscation and confusion, and to transform politics into a rational, scientific activity, premised on the fundamental axiom that "it is the greatest happiness of the greatest number that is (...) the measure of right and wrong.". (shrink)

The new critical edition of the works and correspondence of Jeremy Bentham is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and (...) three of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published.An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality.A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill. (shrink)

Debates about the semantics and pragmatics of predicates of personal taste have largely centered on contextualist and relativist proposals. In this paper, I argue in favor of an alternative, absolutist analysis of PPT. Theorists such as Max Kölbel and Peter Lasersohn have argued that we should dismiss absolutism due to its inability to accommodate the possibility of faultless disagreement involving PPT. My aim in the paper is to show how the absolutist can in fact accommodate this possibility by drawing on (...) an account of faultless disagreement that improves upon a recent proposal due to Karl Schafer. In amending Schafer’s proposal, I put forward an empirically informed view of our beliefs regarding matters of personal taste, as well as an account of our assertions concerning such matters. I also argue that absolutists should take disagreement about these matters to be conative, rather than doxastic, in nature. The anticipated result is an independently compelling account of faultless disagreement about matters of personal taste that fits naturally with absolutism. (shrink)

Foucault and Religion seeks to unearth a new dimension of Foucault scholarship. Renowned Foucault scholar Jeremy Carrette reveals not simply how Foucault's work can be applied to religion but how a religious question at the heart of Foucault's own work offers a radical challenge to religious ideas. Carrette argues that Foucault offers a twofold critique of Christianity by bringing the body and sexuality into religious practice and exploring a political spirituality of the self. This first major commentary on Foucault (...) and religion opens up the diverse religious questions the philosopher raises in his work, and sheds new light on how Foucault challenges religious thinking and transforms religious understanding. (shrink)

In a wide range of fields, the word “modular” is used to describe complex systems that can be decomposed into smaller systems with limited interactions between them. This essay argues that mathematical knowledge can fruitfully be understood as having a modular structure and explores the ways in which modularity in mathematics is epistemically advantageous.

In the small but growing literature on the philosophy of country music, the question of how we ought to understand the genre’s notion of authenticity has emerged as one of the central questions. Many country music scholars argue that authenticity claims track attributions of cultural standing or artistic self-expression. However, careful attention to the history of the genre reveals that these claims are simply factually wrong. On the basis of this, we have grounds for dismissing these attributions. Here, I argue (...) for an alternative model of authenticity in which we take claims about the relative authenticity of country music to be evidence of ‘country’ being a dual character concept in the same way that it has been suggested of punk rock and hip-hop. Authentic country music is country music that embodies the core value commitments of the genre. These values form the basis of country artists’ and audiences’ practical identities. Part of country music’s aesthetic practice is that audiences reconnect with, reify, and revise this common practical identity through identification with artists and works that manifest these values. We should then think of authenticity discourse within country music as a kind of game within the genre’s practice of shaping and maintaining this practical identity. (shrink)

This paper provides a method for characterizing space events using the framework of conceptual spaces. We focus specifically on estimating and ranking the likelihood of collisions between space objects. The objective is to design an approach for anticipatory decision support for space operators who can take preventive actions on the basis of assessments of relative risk. To make this possible our approach draws on the fusion of both hard and soft data within a single decision support framework. Contextual data is (...) also taken into account, for example data about space weather effects, by drawing on the Space Domain Ontologies, a large system of ontologies designed to support all aspects of space situational awareness. The framework is coupled with a mathematical programming scheme that frames a mathematically optimal approach for decision support, providing a quantitative basis for ranking potential for collision across multiple satellite pairs. The goal is to provide the broadest possible information foundation for critical assessments of collision likelihood. (shrink)

The British biologist, philosopher, and psychologist Conwy Lloyd Morgan is widely regarded as one of the founders of comparative psychology. He is especially well known for his eponymous canon, which aimed to provide a rule for the interpretation of mind from behavior. Emphasizing the importance of the context in which Morgan was working—one in which casual observations of animal behavior could be found in Nature magazine every week and psychology itself was fighting for scientific legitimacy—I provide an account of Morgan’s (...) vision for the comparative psychologist qua professional psychologist. To this end, I explore the important connection between Morgan and the evolutionary theorist, philosopher, and psychologist Herbert Spencer. It is from Spencer, I contend, that Morgan inherited a number of his key epistemological and methodological concerns about the nascent science of comparative psychology. This extends all the way to the canon, which only works as intended when paired with a Spencerian understanding of mental evolution as a progressive linear sequence. Far from being an incidental residue of a pre-Darwinian time, hierarchy was intentionally built into the very core of Morgan’s scientific comparative psychology. (shrink)

In this paper, I discuss two concerns for pluralist truth theories: a concern about a key detail of these theories and a concern about their viability. The detail-related concern is that pluralists have relied heavily upon the notion of a domain, but it is not transparent what they take domains to be. Since the notion of a domain has been present in philosophy for some time, it is important for many theorists, not only truth pluralists, to be clear on what (...) domains are and what work they can do. The viability-related concern is that it’s not clear how a pluralist truth theory could explain the truth-conditions of mixed atomic propositions. To address this concern, truth pluralists should recognize something to which they have not been sufficiently attentive: that some atomic propositions belong to more than one domain. But, recognizing this requires rethinking the relationships between the nature of propositions, their membership in domains, and their truth. I address these issues and propose an understanding of them that is preferable to the best existing account of them, that offered by Michael Lynch. (shrink)

In this paper, we offer a brief, critical survey of contemporary work on truth. We begin by reflecting on the distinction between substantivist and deflationary truth theories. We then turn to three new kinds of truth theory—Kevin Scharp's replacement theory, John MacFarlane's relativism, and the alethic pluralism pioneered by Michael Lynch and Crispin Wright. We argue that despite their considerable differences, these theories exhibit a common "pluralizing tendency" with respect to truth. In the final section, we look at the underinvestigated (...) interface between metaphysical and formal truth theories, pointing to several promising questions that arise here. (shrink)

The Anthropocene is a radical reconceptualisation of the relationship between humanity and nature. It posits that we have entered a new geological epoch in which the human species is now the dominant Earth-shaping force, and it is rapidly gaining traction in both the natural and social sciences. This article critically explores the scientific representation of the concept and argues that the Anthropocene is less a scientific concept than the ideational underpinning for a particular worldview. It is paradigm dressed as epoch. (...) In particular, it normalises a certain portion of humanity as the ‘human’ of the Anthropocene, reinserting ‘man’ into nature only to re-elevate ‘him’ above it. This move promotes instrumental reason. It implies that humanity and its planet are in an exceptional state, explicitly invoking the idea of planetary management and legitimising major interventions into the workings of the earth, such as geoengineering. I conclude that the scientific origins of the term have diminished its radical potential, and ask whether the concept’s radical core can be retrieved. (shrink)

Functionalism about truth, or alethic functionalism, is one of our most promising approaches to the study of truth. In this chapter, I chart a course for functionalist inquiry that centrally involves the empirical study of ordinary thought about truth. In doing so, I review some existing empirical data on the ways in which we think about truth and offer suggestions for future work on this issue. I also argue that some of our data lend support to two kinds of pluralism (...) regarding ordinary thought about truth. These pluralist views, as I show, can be straightforwardly integrated into the broader functionalist framework. The main result of this integration is that some unexplored metaphysical views about truth become visible. To close the chapter, I briefly respond to one of the most serious objections to functionalism, due to Cory Wright. (shrink)

Physicians place significant weight on the distinction between acts and omissions. Most believe that autonomous refusals for procedures, such as blood transfusions and resuscitation, ought to be respected, but they feel no similar obligation to accede to requests for treatment that will, in the physician’s opinion, harm the patient (e.g., assisted death). Thus, there is an asymmetry. In this paper, we challenge the strength of this distinction by arguing that the ordering of values should be the same in both cases. (...) The reason for respecting refusals is that, in such cases, autonomy outweighs well-being. We argue that the same should be true in request cases, which means that requests should not be denied only due to the treatment being too harmful in the physician’s opinion. Our strategy is to consider and reject a number of arguments for the asymmetrical view, including an appeal to the doing–allowing distinction and positive and negative rights. The duty to respect refusals is still greater than the duty to grant requests on our view, but, by arguing that the ordering of values is the same in both cases, we show that there is less of a distinction in healthcare between requests and refusals than many currently believe. (shrink)

On a traditional view, the primary role of a mathematical proof is to warrant the truth of the resulting theorem. This view fails to explain why it is very often the case that a new proof of a theorem is deemed important. Three case studies from elementary arithmetic show, informally, that there are many criteria by which ordinary proofs are valued. I argue that at least some of these criteria depend on the methods of inference the proofs employ, and that (...) standard models of formal deduction are not well-equipped to support such evaluations. I discuss a model of proof that is used in the automated deduction community, and show that this model does better in that respect. (shrink)

Despite a significant amount of literature debating the efficiency of high-risk pools in health insurance, dramatically less has been written about their normative implications. The present article takes the route less traveled by setting aside the question of efficiency to argue that the use of high-risk pools creates some serious normative concerns. The article explores these concerns by dividing them on two fronts. First, as regards the social-recognitional status of those who are forced into the high-risk pool. Second, as regards (...) a general concern of distributive justice, namely fairness in access to resources. The author argues that regardless of the veracity of arguments which laud the efficiency of high-risk pools, their use in health insurance is unjust because of the herein explained implications for social recognition and distributive justice. (shrink)

The present edition of 'Of the Limits of the Penal Branch of Jurisprudence' supersedes 'Of Laws in General,' edited by H.L.A. Hart and published by the Athlone Press in 1970, as a volume in The Collected Works of Jeremy Bentham." --P. xi.

For several decades, international law has recognized certain norms such as the prohibitions against genocide, slavery, and military aggression as "jus cogens"- peremptory law which supersedes conflicting international treaties and customs. Despite widespread acceptance of the jus cogens concept, legal theorists continue to debate whether peremptory norms derive their legal authority from state consent, natural law, or the demands of international public order. Anxiety over peremptory norms' legal basis has frustrated efforts to clarify the scope and content of jus cogens, (...) as well as placing peremptory norms on a collision course with inherited notions of state sovereignty. Drawing on Immanuel Kant 's conception of fiduciary relations, this Article develops a new theory of jus cogens based on the idea that states are fiduciaries of their people. According to the fiduciary theory, peremptory norms do not stand in opposition to state sovereignty; rather, they are constitutive of state sovereign authority because all states owe their subjects a fiduciary obligation to comply with such norms. The fiduciary model of the state resolves the longstanding tension in international legal theory between peremptory norms and state sovereignty and points to discrete formal and substantive criteria for identifying peremptory norms. (shrink)