i would hazard to guess that nearly everyone would agree that In situations of peril, it is permissible to use another’s property without her permission if that is the only way to save oneself from serious harm.1But that If one damages or consumes that property, one ought to compensate its owner.It turns out, however, that the conjunction of N1 and N2 is surprisingly difficult to justify. That is because if you accept N1, you are also likely to accept A property (...) owner would wrong an imperiled trespasser if the owner prevented her from using his property if that were the only way she could save herself from serious harm.N3 implies that the permission granted in N1 issues from a right. This generates a... (shrink)

The idea that respect for persons comprises the core of morality has long been associated with Kant and the ethics of the Groundwork of the Metaphysics of Morals. In particular, the second formulation of the categorical imperative , the Formula of Humanity as an End-in-itself – ‘So act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means’ – is often glossed (...) as enjoining us to respect persons as such. On what I think may fairly be called the received view, the injunction to respect persons as such is thus, for Kant, co-extensive with morality itself. (shrink)

On November 27, 1905, the steamship Reynolds was moored to Vincents owner, the Lake Erie Transportation Company, was held liable for the cost of the damage. Defendant’s appeal against an order denying a new trial was dismissed by a two to one majority of the Supreme Court of Minnesota in an opinion that has since enjoyed considerable and consistent attention. 1.

While the roots of the common law of restitution reach back hundreds of years, the idea that it constitutes a domain of private law was first clearly articulated in the American Law Institute’s Restatement of Restitution in 1932. The U.S. was at the forefront of development in the law of restitution but interest has declined. Recently John Langbein offered an explanation, first in terms of law and economics and then through legal realism. Realism, by Langbein’s estimation, has exacted “a terrible (...) toll” on doctrinal study in the postwar period. One of the principal aims of The Law and Ethics of Restitution, Hanoch Dagan writes, is to disprove this claim. Realism, properly understood, is supportive of doctrine and, he argues, in this context, provides a better account of the law than the prevailing view. This book is a challenging and important work not only in the law of restitution but also in legal theory. My main interest in this Critical Notice is to ask whether the kind of justification for liability in restitution Dagan offers is compelling. While part of what separates Dagan from Langbein is their understanding of legal realism, I take Dagan to be right on this point, and ask whether he’s made the case in favour of a realist account of restitution. I do that by considering two examples of the doctrinal analyses that form the bulk of the book: first by outlining a pair of issues on which Dagan takes a position by setting up the question he aims to ask, and then by considering his rejection of the view to which>The Law and Ethics of Restitutionoffers an alternative. (shrink)

It is a recurring idea in the history of political philosophy that concepts and doctrines of private law are illuminative of public law and political philosophy. Central among these are contract and the trust. In this paper, I consider the prospects of a third: estoppel. The public law context in which estoppel is most commonly invoked is criminal law, and there especially in the service of understanding the defenses of entrapment and what I call officially induced mistake of law. My (...) question is how well it serves this role – how well the structure of the self-disentitlement that provides the rationales for the defences of entrapment and OIML on the non-exculpatory approach to each is articulated on the model of state estoppel, as I call it. I will argue that it fares well, and so that estoppel merits inclusion on the list of concepts and doctrines of private law that are illuminative of public law and political philosophy. In conclusion I will ask what the moral-expressive content of its deployment in that context is, and argue that, while the doctrines of contract and trust work as means to articulate claims about the basis and limit of political authority, the claim that some cases of state self-disentitlement can be modelled on estoppel represents a commitment to some core principles of the rule of law. (shrink)

The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.

This is a review of Marco Barducci's recent book Hugo Grotius and the Century of Revolution, 1613-1718.

A few years ago, Peter Benson argued that unless claims in corrective justice are grounded on an independent, non‐distributive measure of entitlement, corrective justice collapses into distributive justice. More recently, Stephen Perry argued that the autonomy of corrective justice can be secured with something more modest, namely a free‐standing conception of harm. I argue, first, that Perry's account is closer to Benson's than we might at first think, and, second, that implicit in each is a view that we ought to (...) reject, namely that corrective justice can be autonomous only if there are rights or entitlements which the law does not confer but must, on pain of injustice, protect. In conclusion I defend the view that corrective justice takes as found the positive law's measure of those interests that merit protection in individuals' interactions with others, and explain what, on this account, is meant by holding that corrective justice is autonomous. (shrink)

What is intellectual humility? In this essay, we aim to answer this question by assessing several contemporary accounts of intellectual humility, developing our own account, offering two reasons for our account, and meeting two objections and solving one puzzle.

Are public officials morally justified in threatening violence, engaging in deception, or forcing citizens to act for their own good? Can individual officials be held morally accountable for the wrongs that governments commit? Dennis Thompson addresses these questions by developing a conception of political ethics that respects the demands of both morality and politics. He criticizes conventional conceptions for failing to appreciate the difference democracy makes, and for ascribing responsibility only to isolated leaders or to impersonal organizations. His book (...) seeks to recapture the sense that men and women, acting for us and together with us in a democratic process, make the moral choices that govern our public life. Thompson surveys ethical conflicts of public officials over a range of political issues, including nuclear deterrence, foreign intervention, undercover investigation, bureaucratic negligence, campaign finance, the privacy of officials, health care, welfare paternalism, drug and safety regulation, and social experimentation. He views these conflicts from the perspectives of many different kinds of public officials - elected and appointed executives at several levels of government, administrators, judges, legislators, governmental advisers, and even doctors, lawyers, social workers, and journalists whose professional roles often thrust them into public life. In clarifying the ethical problems faced by officials, Thompson combines theoretical analysis with practical prescription, and begins to define a field of inquiry for which many have said there is a need but to which few have yet contributed. Philosophers, political scientists, policy analysts, sociologists, lawyers, and other professionals interested in ethics in government will gain insight from this book. (shrink)

This paper extends several themes from recent work on norms of assertion. It does as much by applying those themes to the speech act of asking. In particular, it argues for the view that there is a species of asking which is governed by a certain norm, a norm to the effect that one should ask a question only if one doesn’t know its answer.

The compatibility of evolution with Aristotelian-Thomistic metaphysics is defended in response to Fr. Michal Chaberek’s thesis of incompatibility. The motivation and structure of Darwin’s theory are reviewed, including the roles of secondary causality, randomness and necessity. “Randomness” is an analogous term whose evolutionary use, while challenging, is fully compatible with theism. Evolution’s necessity derives from the laws of nature, which are intentional realities, the vehicle of divine providence. Methodological analysis shows that metaphysics lacks the evidentiary basis to judge biological theories. (...) Species are entia rationis whose immutability does not conflict with the evolutionary succession of biological populations. While Darwin’s theory was unknown to Aquinas, he endorses the possibility of new species immanent in the initial state of the universe, nor does his understanding of exemplar ideas offer ground for objection. Finally, five arguments given by Fr. Chaberek are answered. (shrink)

This paper argues that questions can be bullshit. First it explores some shallowly interrogative ways in which that can happen. Then it shows how questions can also be bullshit in a way that’s more deeply interrogative.

The central task of this dissertation is to develop a new interpretation of Leibniz's famous claim that there are no purely extrinsic denominations . Though Leibniz regarded NPE as one of his most important doctrines, he nowhere offers an explicit statement as to what he meant by it. One interpretation of NPE, which enjoys a modest consensus among interpreters, is that all extrinsic denominations reduce to intrinsic denominations. According to the reductionist view, things only have intrinsic denominations as properties; extrinsic (...) denominations are not genuine properties of things. Critics of reductionism have argued that the textual case for it is inconclusive at best, and I share this assessment with them. However, in my opinion, a satisfactory non-reductionist understanding of NPE has not been offered. The goal of my dissertation is to provide such a non-reductionist account. I contend that NPE, far from being a claim of the reducibility of extrinsic denominations, is actually an assertion that extrinsic denominations are genuine properties of the things they denominate. ;To establish my reading of NPE, I examine a line of textual evidence to which interpreters have paid little attention: the way Leibniz argues for NPE. In some passages Leibniz derives NPE from his predicate-in-subject principle of truth. In others, he employs his doctrine of the interconnection of all things to reach NPE. Elsewhere, he bases NPE on the principle of the identity of indiscernibles. Though, as mentioned, Leibniz never explicitly defines NPE, he does have much to say by way of explicit definition of each of these three principles. A consideration of what version of NPE could plausibly be drawn from them is thus a revealing way to proceed. In the case of each argument, I show that my interpretation of NPE is the conclusion naturally suggested by the given principle, while the reductionist version of NPE forms only an awkward, textually implausible fit with it. The result of the examination is an original and serious critique of the reductionist reading of NPE, as well as the development of a far more plausible understanding of that claim. (shrink)

Michael Tomasello ( 2016 ) prominently defends the view that there are uniquely human capacities required for shared intentions, therefore great apes do not share intentions. I show that these uniquely human capacities for abstraction are not necessary for shared intentionality. Excluding great apes from shared intentions because they lack certain capacities for abstraction assumes a specific interpretation of shared intentionality, which I call the Roleplaying Model. I undermine the necessity of abstraction for shared intentionality by presenting an alternative model (...) of shared intentionality, which I call the Normative Model. It is a modification of Margaret Gilbert’s ( 2013 ) Plural Subject theory, which I modify such that it is, in principle, compatible with nonhuman shared intentionality. To do this, I substitute Gilbert’s account of obligation for Kristin Andrews’ ( 2020 ) account of animal social norms. In this Normative Model, uniquely human capacities for abstraction are not required for shared intentionality. By undermining the necessity of uniquely human abstraction, I make cases of prima-facie cooperation in chimpanzees plausible instances of shared intentionality. The Roleplaying Model’s denial of nonhuman shared intentionality creates a problem insofar as apparent shared intentional activity cannot be fully analyzed. The Normative Model resolves this problem. (shrink)

ABSTRACT David Hume’s attacks on causality and induction along with his celebrated is-ought dichotomy dealt a blow to the human mind from which Western civilization has never fully recovered. Centuries after his death, Hume remains immensely popular among academic philosophers, which only bolsters the myth that his skeptical arguments are unanswerable. In fact, his arguments are seriously flawed. The first part of this paper clarifies the basics of Hume’s philosophy, focusing on the epistemology in the Treatise and Enquiry. The second (...) part exposes the mistaken premises and assumptions in Hume’s arguments, demonstrating how Objectivism redeems the validity of human knowledge. (shrink)

Talk at University of Turin, 'Kant, oltre Kant, May 5th 2023. --- -/- It is useful, while keeping in mind a holistic approach, to concentrate on a common theme in Kant’s text, which it will turn out is the quintessential element of his novel ‘way of thinking’, as he himself put it in preface of the second edition of the Critique of Pure Reason. This common theme is the idea of synthesis, which is what holds together, and is the entryway (...) to, all the other familiar aspects of Kant’s thought: his concept of self-consciousness or how mind is involved in cognition, his ideas about the role of the imagination, his theory of knowledge and his metaphysics of experience, and not unimportantly, its relation to what is probably the most Kantian element here: the categories of the understanding as the first principles of knowledge. But the meaning of synthesis and its role in its various facets, though frequently the subject of discussion in papers and monographs alike, is hardly understood in contemporary Kant scholarship. Most readings of the text of the Deduction, the part in which Kant elucidates his concept of synthesis, exhibit a shallow, mechanical understanding of it. -/- A compounding factor is that synthesis can’t really be understood independently of the other aforementioned elements of Kant’s thought. Grasping the meaning of synthesis implies coming to grips with his concept of self-consciousness and the way both self-consciousness and the categories are intricately and intimately involved. Most interpretations consider these aspects too much as if they were indeed separable faculties or entities that serve separable functions, undercutting an important feature of Kant’s metaphysics: the possibility of a priori unified cognition, for which an indivisible self-legislating subject is responsible. Rather, they are expressions of various aspects of a singular function of the mind as the ground of possible unified knowledge. -/- One striking example of such a superficial reading of the text is the way the relation between figurative synthesis and intellectual synthesis—or in the case of the A-Deduction the threefold synthesis—is standardly interpreted, as if the two are independent or quasi-independent functions of different faculties of the mind, the imagination and the understanding. In this paper, I focus on the relation between figurative and intellectual synthesis, while arguing that failing to understand this properly, indeed the relation between the imagination and the understanding, leads to a vicious regress in the explanation of the ground of knowledge, for which a priori synthesis is specifically designed. In other words, failing to see the intimate relation between the imagination and the understanding, the very identity that lies at their root, risks losing sight of the primary aim of Kant’s thought: the possibility of a priori unified knowledge. (shrink)

Philosophical naturalists claim macroevolution shows order emerging by pure chance. This claim is incompatible with accepted physical and biological principles. The present state of the universe is implicit in its initial state and the laws ofnature. Logical principles essential to science require these laws to be maintained by a self-conserving reality identifiable as God. Further, the laws share a common dynamic with human committed intentions. Both are logical propagators seen to the intentional by theists and naturalists alike. Mechanism and teleology (...) project a single reality into different conceptual spaces. Statistically, evolution is only possible given predefined goals. For fitness to be explanatory, it must be prior to survival events, entailing immanent goals verified by convergent evolution, toolkit genes, and evolutionary stasis. Aristotle's falsifiable claims for teleology are confirmed by evolution. Evolution is not random, but fully intentional, evidencing mind in nature. (shrink)

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Is it possible to measure psychological attributes like intelligence, personality and attitudes and if so, how does that work? What does the term 'measurement' mean in a psychological context? This fascinating and timely book discusses these questions and investigates the possible answers that can be given response. Denny Borsboom provides an in-depth treatment of the philosophical foundations of widely used measurement models in psychology. The theoretical status of classical test theory, latent variable theory and positioned in terms of the underlying (...) philosophy of science. Special attention is devoted to the central concept of test validity and future directions to improve the theory and practice of psychological measurement are outlined. (shrink)

In the past decades, reductionism has dominated both research directions and funding policies in clinical psychology and psychiatry. The intense search for the biological basis of mental disorders, however, has not resulted in conclusive reductionist explanations of psychopathology. Recently, network models have been proposed as an alternative framework for the analysis of mental disorders, in which mental disorders arise from the causal interplay between symptoms. In this target article, we show that this conceptualization can help explain why reductionist approaches in (...) psychiatry and clinical psychology are on the wrong track. First, symptom networks preclude the identification of a common cause of symptomatology with a neurobiological condition; in symptom networks, there is no such common cause. Second, symptom network relations depend on the content of mental states and, as such, feature intentionality. Third, the strength of network relations is highly likely to depend partially on cultural and historical contexts as well as external mechanisms in the environment. Taken together, these properties suggest that, if mental disorders are indeed networks of causally related symptoms, reductionist accounts cannot achieve the level of success associated with reductionist disease models in modern medicine. As an alternative strategy, we propose to interpret network structures in terms of D. C. Dennett's (1987) notion ofreal patterns, and suggest that, instead of being reducible to a biological basis, mental disorders feature biological and psychological factors that are deeply intertwined in feedback loops. This suggests that neither psychological nor biological levels can claim causal or explanatory priority, and that a holistic research strategy is necessary for progress in the study of mental disorders. (shrink)

Shared intentions supporting cooperation and other social practices are often used to describe human social life but not the social lives of nonhuman animals. This difference in description is supported by a lack of evidence for rebuke or stakeholding during collaboration in nonhuman animals. We suggest that rebuke and stakeholding are just two examples of the many and varied forms of social maintenance that can support shared intentions. Drawing on insights about mindshaping in social cognition, we show how apes can (...) be stakeholders of a different sort in joint action. Drawing on pluralistic social maintenance methods of behavior enforcement, we show ape joint action can be supported by different forms of positive and negative social pressures, and not just protest. We explain how diverse relationships, contexts, social structures, and forms of communication may play a role in forming and successfully fulfilling joint commitments for humans, great apes, and other animals. (shrink)

The current research investigates how religiosity can influence unethicality in a consumption context. In particular, considering the link between extrinsic religious orientations and unethicality, this research clarifies why and when extrinsic religiosity leads to unethical decisions. Across two studies, findings show that ethnocentrism is both a mediator and a moderator of the effects of extrinsic religiosity on consumers’ ethical judgments. This is because extrinsic religiosity leads to ethnocentrism, and in-group loyalty manifested through ethnocentrism increases support for unethical consumer actions, thus (...) establishing ethnocentrism as a mediator. At the same time, different levels of ethnocentrism can also influence how extrinsic religiosity leads to supporting unethical consumption via self-righteousness, thus establishing ethnocentrism as a moderator. The findings from this research have significant implications for diverse stakeholders who have an interest in religiosity and consumer behavior. (shrink)

Various studies on the impact of religiousness on consumer ethics have produced mixed results and suggested further clarification on the issue. Therefore, this article examines the effect of religiousness, materialism, and long-term orientation on consumer ethics in Indonesia. The results from 356 respondents in Indonesia, the largest Muslim population in the world, showed that intrinsic religiousness positively affected consumer ethics, while extrinsic social religiousness negatively affected consumer ethics. However, extrinsic personal religiousness did not affect consumer ethical beliefs dimensions. Unlike other (...) studies in developed countries, materialism and long-term orientation influenced only a few of the consumer ethical beliefs dimensions in this study. To date, the study is one of the first empirical studies to explore the impact of religiousness on consumer ethics in Indonesia. The study contributes to the debate on the impact of religiousness on consumer ethics and can assist managers and public policymakers in their effort to mitigate unethical consumer activities in Indonesia. (shrink)

No one would deny that sustainability is necessary for individual, business, and national survival. How this goal is to be accomplished is a matter of great debate. In this article I will show that the United States and other developed countries have a duty to create sustainable cities, even if that is against a notion of private property rights considered as an absolute. Through eminent domain and regulation, developed countries can fulfill their obligations to current and future generations. To do (...) so, the governments must reject perfectly competitive free market capitalism and the absolute right to private property, and more fully adopt social welfare capitalism as their economic system. The result will be a sustainable society that balances democracy, individual rights and individual flourishing with the community's flourishing. (shrink)

This paper considers the implications for nursing practice of what the continental philosopher Emmanuel Levinas described as the ‘non‐intentional’. The place of the non‐intentional emerges from a critique of Buber’s conception of the ‘I‐Thou’ and the ‘I‐It’ relations, and is revealed to a person in the moments prior to the grasping of conscious understanding. A specific incident that took place between a nurse and a person diagnosed with dementia is described and then used to illustrate an exploration of the ‘I‐Thou’ (...) relation and then the non‐intentional. The nurse practitioner’s pre‐understandings of the term dementia are shown to have hindered the emergence of an ‘I‐Thou’ relation and the possibility of a non‐intentional glimpse of the otherness of the other. It is suggested here that the plausible associations that become synonymous with a diagnosis like dementia detract from attentiveness to another ‘person’. The more tangible an understanding of another person becomes, the less likely it is that a person can really experience the other as separate to their perception of them. The implications for practitioner education and learning in relation to the non‐intentional are considered, in particular the need to reflect on the immediacy of the feelings experienced in a relationship. The non‐intentional highlights how ‘I’, as a nurse practitioner, can exclude the other by imposing an understanding on what is seen and experienced in relation to another person. The ‘I’ prioritizes intentional understanding and so obscures the importance of the spontaneous response to the tear in the eye of the other, which is the basis for Levinas’s conception of the non‐intentional. The spontaneity of the non‐intentional is what Levinas believed confirmed the separateness and autonomy of the other and consequently should be the basis for a therapeutic nursing relationship with a patient. (shrink)

The story of the greatest of all philosophical friendships—and how it influenced modern thought David Hume is widely regarded as the most important philosopher ever to write in English, but during his lifetime he was attacked as “the Great Infidel” for his skeptical religious views and deemed unfit to teach the young. In contrast, Adam Smith was a revered professor of moral philosophy, and is now often hailed as the founding father of capitalism. Remarkably, the two were best friends for (...) most of their adult lives, sharing what Dennis Rasmussen calls the greatest of all philosophical friendships. The Infidel and the Professor is the first book to tell the fascinating story of the friendship of these towering Enlightenment thinkers—and how it influenced their world-changing ideas. The book follows Hume and Smith’s relationship from their first meeting in 1749 until Hume’s death in 1776. It describes how they commented on each other’s writings, supported each other’s careers and literary ambitions, and advised each other on personal matters, most notably after Hume’s quarrel with Jean-Jacques Rousseau. Members of a vibrant intellectual scene in Enlightenment Scotland, Hume and Smith made many of the same friends, joined the same clubs, and were interested in many of the same subjects well beyond philosophy and economics—from psychology and history to politics and Britain’s conflict with the American colonies. The book reveals that Smith’s private religious views were considerably closer to Hume’s public ones than is usually believed. It also shows that Hume contributed more to economics—and Smith contributed more to philosophy—than is generally recognized. Vividly written, The Infidel and the Professor is a compelling account of a great friendship that had great consequences for modern thought. (shrink)

Recent decades have seen a revived interest in super-substantivalism, the idea that spacetime is the only fundamental substance and matter some kind of aspect, property or consequence of spacetime structure. However, the metaphysical debate so far has misidentified a particular variant of super-substantivalism with the position per se. I distinguish between a super-substantival core commitment and different ways of fleshing it out. I then investigate how general relativity and alternative spacetime theories square with the different variants of super-substantivalism.

In The Elm and the Expert, Jerry Fodor tries to reconcile three philosophical positions he is presently committed to: a computational theory of mind, intentional realism and a denotational theory of meaning. One problem he faces is this: a denotational semantics, according to which the meaning of a singular term like a name is exhausted by its referent, seems to rule out there being true intentional generalizations, or generalizations which advert to the contents of a subject's mental states. That there (...) are such true generalizations is a major element in Fodor's intentional realism. Accordingly, Fodor is forced to find a way of dissolving this apparent incompatibility. This paper looks at his attempts to do so and concludes that they fail. (shrink)

In this collection, a leading sociologist brings his distinctive method of social criticism to bear on some of the most significant ideas, political and social events, and thinkers of the late twentieth century. In the first section, the author examines several concepts that have figured prominently in recent political-ideological controversies: capitalism, rationality, totalitarianism, power, alienation, left and right, and cultural relativism/ multiculturalism. He considers their origins, historical shifts in their meaning and the myths surrounding them, and their resonance beyond their (...) formal definitions. The second section highlights the author's lifelong interest in the relation of intellectuals to social classes and institutions. The author assesses the notion of a 'New Class', considers the implications for class structure of the increasing centring of intellectual life in the university, and assesses the relation of sociology to professional jargon. (shrink)

I argue that, contrary to folklore, Einstein never really cared for geometrizing the gravitational or the electromagnetic field; indeed, he thought that the very statement that General Relativity geometrizes gravity "is not saying anything at all". Instead, I shall show that Einstein saw the "unification" of inertia and gravity as one of the major achievements of General Relativity. Interestingly, Einstein did not locate this unification in the field equations but in his interpretation of the geodesic equation, the law of motion (...) of test particles. (shrink)