There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

There is an old but powerful argument for the claim that exhaustive divine foreknowledge is incompatible with the freedom to do otherwise. A crucial ingredient in this argument is the principle of the “Fixity of the Past”. A seemingly new response to this argument has emerged, the so-called “dependence response,” which involves, among other things, abandoning FP for an alternative principle, the principle of the “Fixity of the Independent”. This paper presents three arguments for the claim that FI ought to (...) be preferred to FP. (shrink)

Many of the contemporary disagreements regarding privacy are conceptual in nature. They concern the meaning or definition of privacy and the analytic basis of distinguishing privacy rights from other kinds of rights recognized within moral, political, or legal theories. The two main alternatives within this debate include reductionist views, which seek a narrow account of the kinds of invasions or intrusions distinctly involving privacy losses, and anti-reductionist theories, which treat a much broader array of interferences with a person as separate (...) and irreducible kinds of privacy invasions. Other theorists have expressed doubts about the prospects for achieving greater analytical precision even within a fairly expansive anti-reductionist approach. However, a reductionist privacy definition is defended in this article, and its primary theoretical virtues are its ability to unify and explain the insights of several competing definitions and its role in developing an account of privacy rights that is both internally coherent and consistent with a plausible understanding of the theoretical basis for a number of related rights. (shrink)

in Intellectual Property Rights in a Networked World, eds. H. Tavani and R. Spinello, 2004.

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

The medieval kingdoms of Portugal and León faced a common Muslim enemy on their southern frontiers. They also viewed each other as potential threats, along a boundary which grew in length as the Muslims were pushed back. Military preparedness was in these circumstances a major preoccupation of the monarchs in the two kingdoms. Offensive forces were needed for continued territorial expansion, and defensive forces were needed to protect lands that had already been gained, whether from Muslim counterattack or from inroads (...) by the Christian neighbor. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Neo-Humanist Luc Ferry (1995) has compared deep ecology's declarations of intrinsic value in nature to the Third Reich's nature protection laws, which prohibit maltreatment of animals having "worth in themselves." Ferry's questionable approach fails to document the relationship between Nazi environmentalism and Nazi racism. German high art and mass media historically presented nature as dualistic, and portrayed Untermenschen as unnatural or inorganic. Nazi propaganda excluded Jews from nature, and identified traditional Jews as cruel to animals. Ferry's idealization of Humanism under (...) reports the pervasiveness of anti-Semitism in European thought, including the French Enlightenment. © 1999 Elsevier Science Inc. (shrink)

Definitional problems in the law of rape prompted the recommendation by the Home Office Sex Offences Review Team (Setting the Boundaries: Reforming the law on sex offences, 2000) that the ‘defence’ of mistaken belief in the victim's consent should be denied to defendants unable to show that they took reasonable procedural care to establish consent: such failure would have amounted to recklessness. This article contends that this proposal did not go far enough in recognizing the moral culpability of those who (...) make unreasonable mistakes in this context, but went too far in characterizing all those making such mistakes as reckless. It contends that the mens rea of rape should be defined in terms of three degrees of culpability: first degree rape would require knowledge as to the absence of consent, whilst second degree rape would need proof of recklessness as to whether the victim consents. Third degree—i.e. negligent—rape would be subject to a defence of mistaken belief in consent, provided it could be shown that the mistake was neither procedurally nor substantively negligent. The provisions of the Government's Sexual Offences Bill, 2003, are also found wanting; they will create a law in danger of generating miscarriages of justice whilst failing to perform the law's educative function of registering the wrongness of rape. (shrink)

Jerry Fodor has long championed the view, recently dubbed “scientific intentional realism” (Loewer and Ray, 1991, p. xiv), that “a scientifically adequate psychology will contain laws that quantify over intentional phenomena in intentional terms.” On such a view our belief/desire psychology will be “vindicated” through empirical investigation; that is, it will be shown to denote the explanatory (or causally salient) states or events in the production of thought and behavior. That intentional properties, states, or events have causal efficacy---are not mere (...) epiphenomena---is necessary for any such vindication. This paper investigates whether intentional properties can if fact ground or sustain the causal relations empirical psychology aims to reveal. I conclude that intentional properties are not amenable to such an explanatory role, and that, therefore, a different vindication of intentional description is required of the realist. (shrink)

Jerry Fodor has long championed the view, recently dubbed “scientific intentional realism” (Loewer and Ray, 1991, p. xiv), that “a scientifically adequate psychology will contain laws that quantify over intentional phenomena in intentional terms.” On such a view our belief/desire psychology will be “vindicated” through empirical investigation; that is, it will be shown to denote the explanatory (or causally salient) states or events in the production of thought and behavior. That intentional properties, states, or events have causal efficacy---are not mere (...) epiphenomena---is necessary for any such vindication. This paper investigates whether intentional properties can if fact ground or sustain the causal relations empirical psychology aims to reveal. I conclude that intentional properties are not amenable to such an explanatory role, and that, therefore, a different vindication of intentional description is required of the realist. (shrink)

This research is conducted by the Intellectual Property and Policy Research Group at the W. Maurice Young Centre for Applied Ethics at the University of British Columbia. It is part of the GE3LS component of the Genome Canada Project "Dissecting Gene Expression Networks in Mammalian Organogenesis," MORGEN, which is located principally at the British Columbia Cancer Agency, Vancouver, British Columbia, Canada. The project is involved in upstream, basic genomic research. Part of this work includes the characterization of gene regulatory mechanisms (...) governing organogenesis with a special focus on the heart, liver and pancreas. This paper serves as an introduction to both the MORGEN case study and the role of alternative mechanisms, such as open source. We discuss interim research results as they relate to our broader study of the relationship between open science, commercialization and technology transfer offices. The role of technology transfer offices is central to our analysis and is viewed as a key factor in implementing Genome Canada policies and principles associated with IP and commercialization. (shrink)

This chapter contains sections titled: The Logical Problem of Evil The Evidential Problem of Evil The Evil God Hypothesis and the Problem of Good Reverse Theodicies Notes.

Inter‐personal morals should be understood and described in the language of duties, not rights. Rights are self‐centred, duties other‐centred. Whereas duties are primarily a moral construct, rights are primarily a legal construct. There is an important distinction between the language appropriate for inter‐personal morals, and the language appropriate for the morals of the State. The first principle of the morals of the State is that the State holds its power as trustee for the people; otherwise we would face arbitrary (...) and capricious rule. In this setting it is natural and proper to speak of rights—the rights of the citizen beneficiaries against their trustee, the State. However, inter‐personal morals and the morality of the State are inter‐dependent. Without a duty‐based personal morality, the laws which the State makes will tend more and more to be oppressive and contemptuous. And the laws of the State must themselves leave room for personal moral commitment, freely entered into, to flourish. (shrink)

Fire safety expertise was in great demand following the Grenfell Tower fire in London in June 2017. The government established a review of building regulations and an expert panel to inform its responses to Grenfell, and many other relevant organisations also formed their own expert panels. However, expert knowledge in fire safety is a highly contested domain, with knowledge claims based on differing sources. Fire fighters can claim expertise based on their experience of fighting fires, scientists and science-based engineers can (...) claim expertise from experimentation, and those who create and enact regulations can claim expertise in what can termed ’codespeak’—the language of regulation. Although distanced from fundamental empirical experience of fire, codespeak is powerful because of its relative clarity and certainty, and legal status. Building users also bring their own form of ‘local’ expertise—they have first-hand experience of the practicalities of the solutions wrought by the other experts. Policy-makers thus face many competing forms of expert advice on fire safety, and their ability to judge what is most relevant in any particular case rests on the existence of a sufficient range and depth of in-house government expertise. (shrink)

This essay examines the theology of the nineteenth century Danish theologian and churchman Hans Lassen Martensen, focusing on the disputed question of the kenotic character of Martensen's Christology. A survey of the scholarship on this question is followed by discussions of Martensen's doctrine of God and his Christology, giving particular attention to his controversial notion of the double life of the Logos, i. e. the view that the Logos continued to enjoy an unlimited divine existence in the sphere of eternity (...) while simultaneously living a limited, earthly human existence for the duration of the incarnation. The essay concludes by arguing that Martensen has developed a form of Nestorianism and that his Christology can best be classified as ‘Nestorian kenoticism,’ i. e. an eccentric and problematic form of Christology which affirms the abandonment by the logos ensarkos of the divine attributes during the incarnation, while at the same time insisting that the logos asarkos remains unaffected and in full possession of his powers. (shrink)

ObjectiveStress can play a role in the onset and exacerbation of psoriasis. Psychological interventions to reduce stress have been shown to improve psychological and psoriasis-related outcomes. This pilot randomised study investigated the feasibility of a brief interaction with a Paro robot to reduce stress and improve skin parameters, after a stressor, in patients with psoriasis.MethodsAround 25 patients with psoriasis participated in a laboratory stress task, before being randomised to either interact with a Paro robot or sit quietly for 30 min. (...) Raman spectroscopy and trans-epidermal water loss were measured at baseline, after the stressor and after the intervention as indexes of acute skin changes. Psychological variables, including self-reported stress and affect, were also measured at the three time-points.ResultsNo statistically significant differences between the two conditions were found for any of the outcomes measured. However, effect sizes suggest significance could be possible with a larger sample size. Changes in the psychological and Raman spectroscopy outcomes across the experimental session were found, indicating the feasibility of the procedures.ConclusionThis pilot study showed that a brief interaction with a Paro robot was a feasible intervention for patients with psoriasis, but future trials should broaden the inclusion criteria to try to increase recruitment rates. Studying people who are highly stressed, depressed or who are stress-responders may increase the power of the intervention to show effects using a longer-term intervention. (shrink)

The so-called ‘Humean’ view of motivation is pretty standard in the Philosophy of Mind. Its most prominent contemporary defender, Michael Smith, calls it a ‘dogma’. Humeans believe in a strict divide between beliefs and desires. Beliefs have no intrinsic motivating force: I may believe anything at all, but only with the contribution of a separate desire will I be motivated to act. This claim should be broadened out to include all cognitive states (belief, knowledge…). The Humean claim is that cognitive (...) states are wholly lacking in conative power. If some beliefs seem to us to motivate action, that can only be due to a contingent association with a separate conative state. (shrink)

Historically Wales has been regarded as a country with relatively low levels of school exclusion, particularly in comparison with England. This has been used as an indicator of Wales’ commitment to the UN Convention on the Rights of the Child, which foregrounds a rights-based agenda that would argue school exclusion is a consequence of broader socio-economic structures than individual actions. However, simple analyses may mask a different picture of school exclusions in Wales. In this article, we study more detailed information (...) on formal school exclusions by looking at ‘instances’ of school exclusion, which considers the frequency and length of formal school exclusions in Wales, and alongside recorded school absence. The article also demonstrates that the pupils ‘at risk’ of formal school exclusion varies by when they experience school exclusion during their educational lifecourse. The article concludes by highlighting that patterns of school exclusion are complex, and that interpretation of these patterns depends on what kind of measure of school exclusion is used. By publishing these results, the article hopes to persuade policymakers and practitioners to re-examine their processes of exclusion to ensure they are commensurate with the law and to prevent unnecessary school exclusions. (shrink)

Antibiotic use triggers evolutionary and ecological responses from bacteria, leading to antibiotic resistance and harmful patient outcomes. Two complementary strategies support long-term antibiotic effectiveness: conservation of existing therapies and production of novel antibiotics. Conservation encompasses infection control, antibiotic stewardship, and other public health interventions to prevent infection, which reduce antibiotic demand. Production of new antibiotics allows physicians to replace existing drugs rendered less effective by resistance.In recent years, physicians and policymakers have raised concerns about the pipeline for new antibiotics, pointing (...) to a decline in the number of antibiotics approved since the 1980s. This trend has been attributed to high research and development costs, low reimbursement for antibiotics, and regulatory standards for review and approval. Professional societies and researchers around the world have called for renewed emphasis on antimicrobial stewardship, while also supporting antibiotic research and development through grants, changes to intellectual property laws to extend market exclusivity periods, and modification of premarket testing regulations to reduce antibiotic development time and expenses. (shrink)

Environmental law and environmental protection have long been portrayed as requiring tradeoffs between incompatible ends: "jobs versus environment;" "markets versus regulation;" "enforcement versus incentives." Behind these views are a variety of concerns, including resistance to government regulation, skepticism about the importance or extent of environmental harms, and sometimes even pro-environmental views about the limits of Earth's carrying capacity. This framework is perhaps best illustrated by the Trump Administration, whose rationales for a host of environmental and natural resources policies have embraced (...) a zero-sum approach, seemingly preferring a world divided into winners and losers. Given the many significant challenges we face, does playing the zero-sum game cause more harm than good? And, if so, how do we move beyond it? This book is the third in a series of books authored by members of the Environmental Law Collaborative (ELC), an affiliation of environmental law professors that began in 2011. In it, the authors tackle the origins and meanings of zero-sum frameworks and assess their implications for natural resource and environmental protection. The authors have different angles on the usefulness and limitations of zero-sum framing, but all go beyond the oversimplified view that environmental protection always imposes a dead loss on some other societal value. (shrink)

Numerous reports have noted decreasing numbers of antibiotic approvals. To determine the context for this decline, we examined all new molecule entities (NMEs) and new biologic licenses (NBLs) approved by the FDA from 1980–2009, and compared approval rates of the 61 approved antibiotics to trends in other drug classes. We also tracked withdrawals of approved drugs and found more withdrawals for antibiotics than other drug classes. After adjusting for drugs subsequently withdrawn, the record for antibiotic innovation is less dire than (...) previously reported. We also report problems with the quality of the approved antibiotics studied. Future policies providing incentives for new antibiotic development should not be based on simple numerical targets and key provisions should ensure appropriate quality as well as quantity of antibiotic drug innovation. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

_Giorgio Agamben: Power, Law and the Uses of Criticism_ is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his (...) earlier philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism. (shrink)

_Giorgio Agamben: Power, Law and the Uses of Criticism_ is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his (...) earlier philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism. (shrink)

Laws, Mind, and Free Will is a highly valuable book for anyone interested in philosophy of science, philosophy of mind, or in the problem of free will and moral responsibility. The book has three distinct but related parts. The first presents an anti-empiricist position on the laws of nature, according to which the point of the laws is not primarily to predict kinematic outcomes, but rather to characterize dynamics. One upshot of the account is that the laws have an attenuated (...) role in determining and prediction of actual motion, and this has an important consequence for the relevance of the laws to the prospects for libertarian free will. This consequence is developed in detail in the second part of the book. A further feature of the account is that proposed laws and the theories in which they are embedded are models in a sense that reflects our interests and involves idealization. In Horst’s view, this is true for theories and laws across the sciences—from physics to psychology. The l .. (shrink)

This paper undertakes a political sociology of religious sentiments by examining how social actors seek to make their religious sentiments legible and authoritative within structures of modern state governance. It argues that a central dimension of religious politics consists of struggles over constituting hegemonic and common sense religious sentiments through drawing on the secular powers of the modern state. This politics entails contestations over how citizens ought to feel, and how the state ought to authorize certain religious sentiments, with respect (...) to socially resonant religious issues and events. Drawing on concrete historical episodes from colonial India and postcolonial Pakistan that allow a problematization of ‘religious sentiments of Muslims' in relation to the controversial religious views of the reformist Ahmadiyya movement, this paper further demonstrates the elasticity of the modern state to accommodate and embed a range of religious sensibilities, affects and emotive responses through legal arguments about public order. (shrink)

_Giorgio Agamben: Power, Law and the Uses of Criticism_ is a thorough engagement with the thought of the influential Italian philosopher Giorgio Agamben. It explores Agamben’s work on language, ontology, power, law and criticism from the 1970s to his most recent publications. Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his (...) earlier philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism. (shrink)

I discuss the ubiquity of power law distributions in language organisation (and elsewhere), and argue against Miller’s (The mating mind: How sexual choice shaped the evolution of human nature, William Heinemann, London, 2000) argument that large vocabulary size is a consequence of sexual selection. Instead I argue that power law distributions are evidence that languages are best modelled as dynamical systems but raise some issues for models of iterated language learning.

Speech sounds are an essential vehicle of information exchange and meaning expression in approximately 7,000 spoken languages in the world. What functional constraints and evolutionary mechanisms lie behind linguistic diversity of sound systems is under ongoing debate; in particular, it remains conflicting whether there exists any universal relationship between these constraints despite of diverse sounds systems cross-linguistically. Here, we conducted cross-linguistic typological and phylogenetic analyses to address the characteristics of constraints on linguistic diversity of vowel systems. First, the typological analysis (...) revealed a power-law based dependence between the global structural dispersion and the local focalization of vowel systems and validated that such dependence was independent of geographic region, language family, and linguistic affiliation. Second, the phylogenetic analysis further illustrated that the observed dependence resulted from correlated evolutions of these two structural properties, which proceeded in an adaptive process. These results provide empirical evidence that self-organization mechanisms helped shape vowel systems and common functional constraints took effect on the evolution of vowel systems in the world’s languages. (shrink)