The Declaration of Geneva is one of the core documents of medical ethics. A revision process was started by the World Medical Association in 2016. The WMA has also used this occasion to examine how the Declaration of Geneva is used in countries throughout the world by conducting a survey of all WMA constituent members. The findings are highly important and raise urgent questions for the World Medical Association and its National Medical Associations : The Declaration of (...) Geneva is only rarely used as an oath text despite the fact that physicians’ oaths are generally widespread. This is not consistent with the intention and claim of the Declaration of Geneva. The article then discusses three questions. Should there be one single binding oath? Which organization should be responsible for such an oath? Which oath is the most obvious candidate? In a globalized world and despite all cultural diversity, the medical profession should have one core moral basis which is binding for physicians all over the world. The most obvious candidate for an oath incorporating this moral basis is the Declaration of Geneva. (shrink)

_Contract Theory_ examines the logical and conceptual structures that arise in the process of making, honoring, and enforcing contracts. The touchstone of Anglo-American contract law is the determination of contractual intent. Two theories have competed for center stage: the subjective theory of the "meeting of the minds" and the objective theory in which the parties' manifestations and the transaction's contextual factors became the means for contract interpretation and enforcement. The implementation of the objective theory of contract is the "reasonable person (...) standard." Larry DiMatteo focuses on the development, construction, and application of the reasonable person standard. He undertakes a study of the origins of the reasonable person in the disciplines of philosophy, theology, and psychology and concludes with an examination of the interplay between this objective standard and the subjectivity of judgment. The importance of the synthesis of the objective and subjective elements of contracts is crucial for a complete understanding of contract law. (shrink)

Currently, electronic agents are being designed and implemented that, unprecedentedly, will be capable of performing legally binding actions. These advances necessitate a thorough treatment of their legal consequences. In our paper, we first demonstrate that electronic agents behave structurally similar to human agents. Then we study how declarations of intention stated by an electronic agent are related to ordinary declarations of intention given by natural persons or legal entities, and also how the actions of electronic agents in this (...) respect have to be classified under German law. We discuss four different approaches of classifying agent declarations. As one of these, we propose the concept of an electronic person (i.e., agents with limited liability), enrolment of agents into an agent register, and agent liability funds as means to serve the needs of all contracting parties. (shrink)

The purpose of this article is to call for the formulation and adoption of a declaration on the universal rights and duties of business. We do not attempt to define the specific contents of such a declaration, but rather attempt to explain why such a declaration is needed and what would be some of its general characteristics. The catalyst for this call was the recognition that even under optimal conditions, good companies sometimes are susceptible to moral lapses, (...) and when companies undertake ventures in authoritarian countries with poor human rights records, even those with the best intentions may find themselves drawn into complicity in human rights abuses. There, market exigencies may persuade them to leave their codes of ethics and commitments to human rights at home. Pragmatism, it would seem, requires thatthey accept the ethical inconsistencies that follow from a “When in Rome, do as they Romans do” outlook. When facing the moral dilemma about whether or not to invest in human rights abusing countries, companies are offered two alternatives: they can operate in those countries and accept potential complicity or they can stay away. We suggest, however, that a preferable option is to address the underlying problem, and to this end we advocate the promulgation of a declaration for business that is comparable to the Universal Declaration of Human Rights. Our proposed name for this is the “Declaration on the Universal Rights and Duties of Business.” To be effective, such a declaration would require enforcement mechanisms. To illustrate this issue, we focus on China, not because China is unique in its human rights abuses, but because China occupies such a central place in the globalization efforts of the major companies from around the world. A robust international declaration is needed to provide a common framework for the practice of consistent and fair business competition everywhere. (shrink)

Authorial and artistic declarations would seem to be a boon to interpreters who favor actual intentionalism. However, because they believe there are limits on the power of authors and artists to embody their intentions in their works, moderate actual intentionalists hold that some intentions are irrelevant. Looking closely at authorial declaration about the sexuality of Albus Dumbledore in the Harry Potter novels, I argue in favor of the extreme actual intentionalist position that genuine authorial declarations should not be ignored (...) because authorial intention always determines meaning. The answer to the question in the subtitle is that we do not know with certainty, even though there is a definite right answer. We can argue for the answer we think is most likely, however. And aided by the distinction between meaning and significance, extreme actual intentionalism provides a clear and consistent way of making such arguments while avoiding the problem of being stuck with an interpretation we find aesthetically displeasing. (shrink)

For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as eviction from ancestral homeland, diffusion in all aspects and reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination (...) in opposition to Palestinians is no longer perpetrated fully by Israeli state, but common to its society, as well. Our article is an answer to the complicated question: Can refugees along with other displaced victims ever claim their right in entering Israel and Palestine, since this State includes Gaza and West Bank territories? Various articles have made an attempt to clarify the matter through some internal laws and have also interpreted the rights mentioned in ‘International Covenants on Civil and Political Rights’, particularly while clarifying the idea evolved from the typical term: 'his own country’. The article focuses on the viable first point, specifically on the claim as a right of the Diasporas return to the formerly called ‘Palestine’. Various resources are utilised for the purpose of the research. This includes books, scholarly researched articles and newspapers etc. The study is analytical in nature and based on qualitative research method. Most of the literature used for the article is Secondary. The conclusion drawn in precise manner is that the intentions are blended in repeated violations of human rights, along with ethnic and religious refining and various innumerable deficiencies, and try to become regularly involved in sensitive issues. This turned out to be disheartening for the people living there as no efforts are made for a truthful resolution. (shrink)

During contractual negotiations, one party may lead the other into error, thus causing loss or damage. If misrepresentation is shown, the aggrieved party may therefore claim for damages or rescission. In the English law, it was for many years unclear whether a finding of misrepresentation required proof of deliberate, intentional fraud, or whether it could be analysed as a simple failure of consensus, in which case it would be sufficient to show negligence. According to the traditional rule, the misleading (...) class='Hi'>declaration had to be factually false, and concern an existing state of affairs or a verifiable past event. However, expressions of personal opinion or of future intention can mislead, although they cannot sensibly be considered as true or false. Further, in practice, many literally true sentences are liable to give false impressions. Such statements may be ambiguous or only partly true. Like linguists and ethical philosophers, the judges are confronted with recursive problems of understanding and re-interpretation. Citations from a number of celebrated English cases are given to show that in spite of significant developments, no legal rules or principles can satisfactorily account for intuitions concerning intentional behaviour and morality. (shrink)

Le sens et la fonction de la Déclaration des droits de l’homme et du citoyen furent l’objet de longues et nombreuses controverses. Parmi les différentes approches du texte, juridiques ou sociologiques, nous retiendrons la méthode conçue à propos de Ténoncé performatif par le philosophe anglais J. L. Austin, car elle nous permet de découvrir sur quelles procédures conventionnelles s’appuie la bonne réception de la Déclaration, à quelles règles de conduite existantes, les constituants ont-ils fait appel. Ces conventions, en l’occurrence l’acte (...) de serment et de promesse, apparaissent dans le texte à l’état d’indices, cette dimension étant masquée par l’intensité de la rupture que la Déclaration instaure au plan politique. Ce décodage des intentions des constituants nécessite le recours à une analyse des contextes: contexte socio-historique immédiat et environnement conceptuel.The meaning and the function of the Declaration of the rights of Men and Citizen has been discussed for a long time. We prefer, among different lectures of the text, the method contrived for an explanation of performative utterances, by the english philosopher J. L. Austin: it can enable us to discover on what convention a good reception of the Declaration is based, what rules of conducts the " constituants " have choosed. These conventions - oath and promise - appear in the text as mere indications. The intensity of the political rupture hide them. To decode the " constituante " intentions, a contextual analysis is needed, that is both immediate socio-historical context and conceptual context. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Martin Heidegger and OntologyEmmanuel Levinas (bio)The prestige of Martin Heidegger 1 and the influence of his thought on German philosophy marks both a new phase and one of the high points of the phenomenological movement. Caught unawares, the traditional establishment is obliged to clarify its position on this new teaching which casts a spell over youth and which, overstepping the bounds of permissibility, is already in vogue. For once, (...) Fame has picked one who deserves it and, for that matter, one who is still living. Anyone who has studied philosophy cannot, when confronted by Heidegger’s work, fail to recognize how the originality and force of his achievements, stemming from genius, are combined with an attentive, painstaking, and close working-out of the argument—with that craftsmanship of the patient artisan in which phenomenologists take such pride. In this study, it is important for us to understand, above all, the true intentions of our author, to illuminate what he thinks really needs to be said, and to surmise what is most critical for him.To get to the heart of Heidegger’s system, it seems fitting to begin with a problem that is generally familiar. We choose the problem of knowledge, a deeper understanding of which takes us to the very threshold of Heidegger’s thought. For this problem, central to modern philosophy, is one of the main obstacles of modern philosophy that Heidegger wishes to surmount. Neo-Kantianism, which takes knowledge as the philosophical problem of the first rank, is the movement against which Heidegger rebels with all his strength. We have, thus, every chance of gaining access to his thought by the main door, so to speak. Once inside the system we will try to trace its outlines, 2 reserving, for a second part of our work, the determination of Heidegger’s place in the history of ideas, especially in the phenomenological movement, as well as of his relations with the philosopher to whom he owes so much—Edmund Husserl. 31In its most general form, the problem of the theory of knowledge has a critical significance. It consists in delineating a domain where knowledge can be certain and in determining the criteria for the legitimate scope of knowledge. But this problem, as normal and as simple as it may appear, has deeper roots. That knowledge should need a criterion at all presupposes that truth is not identical to all that is known and that the course [End Page 11] of things can fail to correspond with the course of thought. “How does knowledge correspond to being?” is a more profound formulation of the problem of knowledge.But we are not going to touch anymore on the primordial phenomenon that generates the problem. The problem of correspondence between thing and thought presupposes a free activity of thought and its isolation in relation to the object. It is precisely this presupposition which renders their harmony and even their contact problematic. “How does the subject take leave of itself to attain the object?” is what the problem of knowledge, in the last analysis, boils down to. Its true source is thus the concept of “subject” as elaborated by modern philosophy. The cogito presided over the subject’s birth. The cogito was the affirmation of the privileged nature of the subject’s immanent sphere, of its unique place in existence; hence, the cogito was the specificity of the subject’s connection to the rest of reality, the sui generis nature which opens up the passage from immanence to transcendence, the passage from ideas contained in the thinking substance to 4 their “formal existence.”The concept of the subject, understood as a substance having a specific position in the entire domain of being, presents us with difficulties of two kinds. First, how do we understand this leave-taking from the self which the thinking substance brings about and which displays an entirely original aspect? Indeed, we could say that thought, in reaching out toward objects, does not actually take leave of itself, since its objects—considered as ideas and contents of thought—are, in a certain sense, already within it. In order to make sense of this paradox, Descartes... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind (...) the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

ABSTRACT This essay focuses on two underlying presumptions that impinge on the effort of UNESCO to engender universal agreement on a set of bioethical norms: the conception of universality that pervades much of the document, and its disregard of structural inequalities that significantly impact health. Drawing on other UN system documents and recent feminist bioethics scholarship, we argue that the formulation of universal principles should not rely solely on shared ethical values, as the draft document affirms, but also on differences (...) in ethical values that obtain across cultures. UNESCO's earlier work on gender mainstreaming illustrates the necessity of thinking from multiple perspectives in generating universal norms. The declaration asserts the ‘fundamental equality of all human beings in dignity and rights’1 and insists that ‘the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition’2 yet it does not explicitly recognize disparities of power and wealth that deny equal dignity and rights to many. Without attention to structural (as opposed to merely accidental) inequities, UNESCO's invocation of rights is so abstract as to be incompatible with its avowed intention. (shrink)

This collection of essays by one of the most prominent and internationally respected philosophers of action theory is concerned with deepening our understanding of the notion of intention. In Bratman's view, when we settle on a plan for action we are committing ourselves to future conduct in ways that help support important forms of coordination and organization both within the life of the agent and interpersonally. These essays enrich that account of commitment involved in intending, and explore its implications (...) for our understanding of temptation and self-control, shared intention and shared cooperative activity, and moral responsibility. The essays offer extensive discussions of related views by, among others, Donald Davidson, Hector-Neri Castañeda, Christine Korsgaard, Harry Frankfurt, and P. F. Strawson. This collection will be a valuable resource for a wide range of philosophers and their students. (shrink)

In Theory of Games, Braithwaite shows that mathematical theory of games can be used to shed light upon such notions as prudence and justice in situations involving human choices and co-operation between individuals. In his work on the Nature of Religious Belief he argues that just as a moral assertion is an expression of an intention to act in accordance with certain policy, so a religious assertion must be understood as a declaration of adherence to a system of (...) moral principles governing 'inner life' as well as external behaviour. (shrink)

Ovid's great poem has held its place in the European artistic and literary tradition primarily as a collection of superbly told individual stories, in which successive generations have found inspiration and pleasure. But the poet himself clearly thought of it as something more than a series of detached narratives. In fact he describes it as perpetuum carmen. The object of the present essay is to inquire into the nature of this perpetuitas and to suggest some of the implications that it (...) has both for the poem as a whole and for the appreciation of its individual parts. The phrase perpetuum carmen has interesting ideological connotations. The mutilated first fragment of Callimachus’ Aitia clearly formed a poetic manifesto. The author proclaims his antipathy to the fashion of writing ν єισµα διηνєκές in which the deeds of kings and heroes were extolled ν πολλαις , he declares, , so he rejects , οιδήν in favour of the delicate cicada's which is heard at its best in and other poetic genres that are . Three separate but related targets are singled out for attack: long continuous poems, epic subjects, and the grand style. (shrink)

Excerpt from Opera Omnia The Works of J ohn of Salisbury have never before been collected together, nor have they ever until now, either wholly or in part, been printed in this country. Yet the writer was without doubt superior to all his contempo raries, and his Works are by far the most valuable compositions which have come down to us, from the twelfth and thirteenth cen tuties. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic (...) books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Argues that it is not by inference from intention that I know what I am doing intentionally. Instead, the reverse is true: groundless knowledge of intention rests on the will as a capacity for non-perceptual, non-inferential knowledge of action. The argument adapts and clarifies considerations of "transparency" more familiar in connection with belief.

Despite recent growth in surveillance capabilities there has been little discussion regarding the ethics of surveillance. Much of the research that has been carried out has tended to lack a coherent structure or fails to address key concerns. I argue that the just war tradition should be used as an ethical framework which is applicable to surveillance, providing the questions which should be asked of any surveillance operation. In this manner, when considering whether to employ surveillance, one should take into (...) account the reason for the surveillance, the authority of the surveillant, whether or not there has been a declaration of intent, whether surveillance is an act of last resort, what is the likelihood of success of the operation and whether surveillance is a proportionate response. Once underway, the methods of surveillance should be proportionate to the occasion and seek to target appropriate people while limiting surveillance of those deemed inappropriate. By drawing on the just war tradition, ethical questions regarding surveillance can draw on a long and considered discourse while gaining a framework which, I argue, raises all the key concerns and misses none. (shrink)

Excerpt from Discourses of Epictetus Thus we owe to an accident the existence of these "Discourses," which form one of the world's vital books. The "Manual" is a collection of aphorisms taken substantially from the larger work. Epictetus was not the founder of a new philosophy. Zeno, the originator of the Stoic system, was his master, and Zeno himself derived his fundamental principles from Antisthenes, the author of the cynic school and the friend of Socrates. The Greeks are the creators (...) of philosophy, and their earliest attempt at systematic thought was an effort to understand Nature. But they soon learned that it was necessary to begin from within, since to know anything man must first know himself. Thus the problem of the conduct of life forced itself upon them. This is the constant preoccupation of Socrates, who was born five hundred years before Epictetus. He taught that the good is to be sought not in outward things, nor in the indulgence of appetite, but in virtue, which for him, however, is an intellectual rather than a moral habit. His calm and rational temper led him to the belief that man always acts in accordance with his knowledge, does what insight shows him to be useful to himself. He who does evil, does it from a mistake of judgment. Sin is error. Virtue, then, being chiefly knowledge, may be taught, and to teach it is the philosophers life work. But Socrates moved in a circle from which there was no escape. To know the useful is virtue. But what is the useful? That which makes for virtue. Antisthenes does not attempt to determine the meaning of the good. He simply declares that virtue is the only good, and, in his view, virtue is the intelligent conduct of life. Right life is the essential good; virtue is its own reward, and one need not look to its results. It is, in the midst of whatever vicissitudes, a sure possession. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This paper attempts to elucidate Wittgenstein’s remark about the “strange resemblance between a philosophical investigation (especially in mathematics) and an aesthetic one” from 1937 by looking at its textual and philosophical context. The conclusion is that the remark can be seen both as a description of a particular conception of philosophy, a prescription or declaration of intent (to proceed in a particular way), and a reminder (to Wittgenstein himself) about the form of a philosophical investigation. Furthermore, it is concluded (...) that the Darstellungsform he has in mind is the one that finds expression especially in the first part of the PI. (shrink)

The World Medical Association has announced that a new revision process of the Declaration of Helsinki has been started. This article will identify the criticisms that have been made in the bioethics literature, particularly since the last revision. In addition, criticisms are discussed that were made in the literature even before the last revision and have not fallen silent. The plausibility of the recommendation for a change in the Declaration of Helsinki is examined.

When a person decides to do something in the future, she forms an intention and her intention persists. Philosophers have thought about the rational requirement that an agent’s intention persists until its execution. But philosophers have neglected to think about the causal memory mechanisms that could enable this kind of persistence and its role in rational long-term agency. Our aim of this paper is to fill this gap by arguing that memory for intention is a specific (...) kind of memory. We do this by evaluating and rejecting standard declarative accounts of memory for intention and arguing for the plausibility of an alternative model of memory for intention. We argue for the alternative by spelling out a number of computational principles that could enable retaining and retrieving intentions from long-term memory. These principles could explain a number of core features of intentions. (shrink)

Discussion of the “dead donor rule” is challenging because it implicates views about a wide range of issues, including whether and when patients are appropriately declared dead, the validity of the doctrine of double effect, and the moral difference between or equivalence of active euthanasia and withdrawal of life‐sustaining treatment. The DDR will be defined here as the prohibition against removal of organs necessary for the life of the patient—that is, the prohibition of intentionally ending the life of a patient (...) through organ removal. At a minimum, it is difficult not to see the DDR as grounded in a set of laws, norms, values, and practices that are firmly entrenched and have a great deal of philosophical, religious, and legal support. Obviously, the primary argument against the DDR is that it is highly desirable that we continue to procure organs for transplantation, combined with the belief that those from whom we often and possibly typically procure organs are not “really” dead. If donors are not really dead, then we are left with a dilemma: either we abandon organ procurement, or we abandon the DDR. Such a move should be taken only if the way we currently delineate the dead (those from whom it is acceptable to remove organs) cannot be maintained or defended. I will suggest that this is not the case. (shrink)

How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring these questions (...) in this paper. I will try to characterize the law in terms of the layered account of collective intentionality that I have introduced in some earlier writings (Schmitz 2013; 2018). In the light of this account I will then discuss a traditional question in the philosophy of law: the relation between law and morality. I begin by giving a brief sketch of the layered account in the next section. Collective intentionality should be understood in terms of experiencing and representing others as co-subjects, rather than as objects, of intentional states and acts on different layers or levels. I distinguish the nonconceptual layer of the joint sensory-motor-emotional intentionality of joint attention and joint bodily action, the conceptual level of shared we-mode beliefs, intentions, obligations, values, and so on, and the institutional level characterized through role differentiation, positions taken in role-mode, e.g. as a judge or attorney, and writing and other forms of documentation. In the third section I introduce a set of parameters for representations such as their degree of richness, of context-dependence, of density and differentiation of representational role and of durability and stability, which can be used to more precisely distinguish different layers. I also put forward the hypothesis that these properties are connected and tend to cluster, and that higher levels can only function and determine conditions of satisfaction against lower level ones. In the fourth and final section I critically discuss the sharp positivistic separation of morality and the law according to which whether something is a law is completely independent of its moral merits. I argue that this only seems plausible if we take an observational stance towards the law, but not towards morality. When we treat them the same way, it rather appears that the moral attitudes of the co-subjects of a society will determine whether and to what extent they will accept its legal order. I conclude by proposing to think of the law as being itself an institutionalized form of morality. (shrink)

Studies designed to help us understand how nonspecialists conceive of intentional action have generated some widely discussed results. To what extent are the results accounted for by the existence of different folk conceptions of intentional action? That is my guiding question in this article. I am not in a position to offer a full answer, but I do hope to make some progress.

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XX, Number 2, November 1994, pp. 261-287 Collingwood's Understanding of Hume S. K. WERTZ What was David Hume's reception in the British idealistic tradition? In this paper, I shall contribute a short chapter on this question by examining Hume's place in R. G. Collingwood's thought.1 Such an examination has been lacking in the literature, so what follows is a comprehensive study of Collingwood's use of Hume (...) throughout all of R.G.'s writings. I shall mainly focus on two main, unrelated discussions of Hume: first is the theory of the imagination which primarily occurs in The Principles of Art, and second is the set of relations between human nature and human history which is principally found in The Idea of History. These sections will be followed by a section on minor discussions and omissions and a conclusion. It is a common misconception that Collingwood (1889-1943) has little to offer Hume scholarship, and I wish to amend that here. Actually, Collingwood has good insights into the nature of the imagination and its role in human understanding, besides instructive thoughts on Hume on human nature and history, even though his discussion of the latter is flawed. This essay serves both historical and philosophical purposes. It is to sample Hume's place in early twentieth century British idealism at a time when he began to emerge as an important philosophical figure worthy of careful study. (By "idealism," I mean the philosophical movement which takes ideas to be an irreducible part of the world and whose program is opposed to both materialism and realism.) So Collingwood's portrait is historically interesting. But over and above this, it carries significant philosophical amendments, S. K. Wertz is at the Department of Philosophy, Texas Christian University, Box 30781, Fort Worth, TX 76129 USA. e-mail: [email protected] 262 S. K. Wertz criticisms, and suggestions about Hume's thought and the eighteenth century intellectual climate. Collingwood has mostly been studied as a philosopher of history or as an aesthetician, but not in toto from the perspective of one of the historical figures to whom he is deeply indebted. Such a view affords a portrait of Hume that is instructive and rewarding. The comparison of Hume and Collingwood lead us to finer appreciation of both philosophers. Let us first look at Collingwood's positive contribution. Imagination Collingwood begins his analysis by declaring his intentions: I shall...try to show that there are such things, to be with what Hume (whose account of them I shall take as my starting-point) called 'ideas' as distinct from 'impressions'. I shall try to show that there is a special activity of mind correlative to them, and that this is what we generally call imagination, as distinct from sensation on the one hand and intellect on the other. (PA 170-71, emphasis added) Why would Collingwood start with Hume's distinction between impressions and ideas? Undoubtedly, this means that Collingwood is willing to accept the validity of the distinction and to build on it. Isn't this a strange place for an idealist to begin? Not really. When we look at British philosophy at the turn of this century, we find idealists preoccupied with the distinction,2 so it is not extraordinary to find Collingwood utilizing it to some extent. Like most Oxford students of the time, Collingwood read Locke, Berkeley, and Hume in his undergraduate program. Consequently we find them in the problems he addresses. "It was Hume who first perceived the [Lockean] problem [of confusing sensation with imagination]," Collingwood attributes, "and tried to solve it by distinguishing ideas from impressions" (PA 200). In detail: He [Hume] was right when he laid it down that the immediate concern of thought is not with impressions but with ideas; that it is ideas, not impressions, that are associated with one another and thus built up into the fabric of knowledge; and that ideas, though 'derived' from impressions, are not mere relics of them like an after-taste of onions or an after-image of the sun (as Lockeans like Condillac supposed), but something different in kind: different, if not in what he... (shrink)

This paper explores the issue whether feminism needs a metaphysical grounding, and if so, what form that might take to effectively take account of and support the socio-political demands of feminism; addressing these demands I further propose will also contribute to the resolution of other social concerns. Social constructionism is regularly invoked by feminists and other political activists who argue that social injustices are justified and sustained through hidden structures which oppress some while privileging others. Some feminists (Haslanger and Sveinsdóttir, (...) Feminist metaphysics. In E. N. Zalta (Ed.), Stanford encyclopedia of philosophy. Stanford: Stanford University, 2011) argue that the constructs appealed to in social constructivism are real but not metaphysically fundamental because they are contingent. And this is exactly the crux of the problem—is it possible to sustain an engaged feminist socio-political critique for which contingency is central (i.e., that things could be otherwise) and at the same time retain some kind of metaphysical grounding. Without metaphysical grounding it has been argued, the feminist project may be rendered nonsubstantive (Sider, Substantivity in feminist metaphysics. Philosophical Studies, 174(2017), 2467–2478, 2017). There has been much debate around this issue and Sider (as an exemplar of the points under contention) nuances the claims expressed in his earlier writings (Sider, Writing the book of the world. Oxford: Clarendon Press, 2011) and later presents a more qualified account (Sider, Substantivity in feminist metaphysics. Philosophical Studies, 174(2017), 2467–2478, 2017). Nonetheless, I propose the critiques and defences offered by the various parties continue to depend on certain erroneous assumptions and frameworks that are challengeable. I argue that fundamentality as presented in many of these current accounts, which are underpinned by the explicit or implicit ontologies of monism and dualism and argued for in purely rationalist terms which conceive of subjects as primarily reason-responding agents, reveal basic irresolvable problems. I propose that addressing these concerns will be possible through an enactivist account which, following phenomenology, advances an ontology of interdependence and reconceives the subject as first and foremost an organism immersed in a meaningful world as opposed to a primarily reason-responding agent. Enactivism is thus, I will argue, able to legitimize feminist socio-political critiques by offering a non-reductive grounding in which not only are contingency and fundamentality reconciled, but in which fundamentality is in fact defined by radical contingency. My paper proceeds in dialogue with feminists generally addressing this ‘metaphysical turn’ in feminism and specifically with Sally Haslanger and Mari Mikkola. (shrink)

Key words: code of ethics; rejected patients; terrorism; terrorist victims; terrorists; values.

According to orthodox (Kolmogorovian) probability theory, conditional probabilities are by definition certain ratios of unconditional probabilities. As a result, orthodox conditional probabilities are undefined whenever their antecedents have zero unconditional probability. This has important ramifications for the notion of probabilistic independence. Traditionally, independence is defined in terms of unconditional probabilities (the factorization of the relevant joint unconditional probabilities). Various “equivalent” formulations of independence can be given using conditional probabilities. But these “equivalences” break down if conditional probabilities are permitted to have (...) conditions with zero unconditional probability. We reconsider probabilistic independence in this more general setting. We argue that a less orthodox but more general (Popperian) theory of conditional probability should be used, and that much of the conventional wisdom about probabilistic independence needs to be rethought. (shrink)

The concept of divine agency is central to the narrative traditions inherited by Jews, Christians, and Muslims. The scriptures of the Abrahamic religions include repeated references to the intentional actions and intentional outcomes of the actions of God. For instance, in the “Song of Moses” (Exodus 15:1-18), Moses celebrates the freedom of the Hebrews from bondage, declaring that Yahweh is “awesome in splendor, doing wonders” (5:11 NRSV). Alongside the picture of God as an agent who performs actions is a conception (...) of God that developed over the centuries as a simple, immutable, impassable, timelessly eternal being. To many philosophers and theologians, this conception of God as a being who exists in a durationless eternity is inconsistent with the way God is characterized in the scriptures, viz., as an agent who acts in time, often in direct response to the actions of other agents. In this paper, I will assume that if the God of Judeo-Christian-Islamic theism exists, then God is an agent who has performed intentional actions. I will argue that if God is such an agent, then God cannot exist outside of time.1 This is because of how.. (shrink)

This paper develops a question-sensitive theory of intention. We show that this theory explains some puzzling closure properties of intention. In particular, it can be used to explain why one is rationally required to intend the means to one’s ends, even though one is not rationally required to intend all the foreseen consequences of one’s intended actions. It also explains why rational intention is not always closed under logical implication, and why one can only intend outcomes that (...) one believes to be under one’s control. (shrink)

orbit and far beyond it. Indeed, the immense, painstaking, indefatigable and ever-improving effort of Husserl to find ever-deeper and more reliable foundations for the philosophical enterprise (as well as his constant critical re-thinking and perfecting of the approach and so called "method" in order to perform this task and thus cover in this source-excavation an ever more far-reaching groundwork) stands out and maintains itself as an inepuisable reservoir for philosophical reflec tion in which all the above-mentioned work has either its (...) core or its source. In fact, in his undertaking to re-think the entire philosophical enterprise as such and to recreate philosophy upon what he sought to be at least a satisfactorily legitimated basis, Husserl, through his already systematised and "authorized" work, and his courses, and later on in his spontaneous reflection (which did not find its way into a definitive corpus but was nevertheless sufficiently coherent with his previously established body of thought to be considered a continuation of it), uncovers perspectives upon the universe of man and projects their new philosophical thematisation that brings together all the attempts by philosophers (e. g., Merleau-Ponty, who drew upon this material and found there his own inspiration) who succeeded him with foundational intentions; it also gives a core of philosophical ideas and insights for the youngergenerationofphilosophers today. (shrink)

This paper explores what happens when artists fail to execute their goals. I argue that taxonomies of failure in general, and of failed-art in particular, should focus on the attempts which generate the failed-entity, and that to do this they must be sensitive to an attempt’s orientation. This account of failed-attempts delivers three important new insights into artistic practice: there can be no accidental art, only deliberate and incidental art; art’s intention-dependence entails the possibility of performative failure, but not (...) of failed-art; and art’s intention-dependence is perfectly compatible with the role that luck plays in artistic creation. (shrink)

On 5 August 1968, publication of the Harvard Committee’s report on the subject of “irreversible coma” established a standard for diagnosing death on neurological grounds. On the same day, the 22nd World Medical Assembly met in Sydney, Australia, and announced the Declaration of Sydney, a pronouncement on death, which is less often quoted because it was overshadowed by the impact of the Harvard Report. To put those events into present-day perspective, the authors reviewed all papers published on this subject (...) and the World Medical Association web page and documents, and corresponded with Dr A G Romualdez, the son of Dr A Z Romualdez. There was vast neurological expertise among some of the Harvard Committee members, leading to a comprehensible and practical clinical description of the brain death syndrome and the way to diagnose it. This landmark account had a global medical and social impact on the issue of human death, which simultaneously lessened reception of the Declaration of Sydney. Nonetheless, the Declaration of Sydney faced the main conceptual and philosophical issues on human death in a bold and forthright manner. This statement differentiated the meaning of death at the cellular and tissue levels from the death of the person. This was a pioneering view on the discussion of human death, published as early as in 1968, that should be recognised by current and future generations. (shrink)