The current World Anti-doping Code can be characterised as a tough approach to doping. In this paper we investigate how the World Anti-Doping Agency justifies this tough approach. To this end, WADA advances two justificatory arguments. It maintains, first, that protection of the spirit of sport warrants tough measures and, second, that athletes have voluntarily consented to the Code. We argue that in the way they are presented by WADA, neither of these arguments can withstand scrutiny. In the second part (...) of the paper, we go on to show that these arguments are in fact ideological in nature. The specific aim of these arguments is not to be correct, but rather to distort social reality, because in this way they can be used to ward off any critical discussion of the Code. We conclude that WADA’s interest is to create a façade of justice, not in serving justice itself. (shrink)

This article identifies two mistakes commonly made about the concept of punishment. First, confusion exists about when an analysis of punishment counts as retributive, and when as justificatorily n...

This article analyses the concept of punishment. This concept can be analysed as a normative, retributive concept ; however, a justificatory neutral and formal analysis is also available . Analysing punishment is important, particularly because legislators around the world have shown a tendency to circumvent the criminal law regime simply by claiming that a certain imposition of harm does not constitute punishment. The imposition is said to be a measure or an order and as such there is no need for (...) it to be governed by the principles of the criminal law. This implies that the notions of 'punishment', 'measure', 'order' and so on are more than just labels in our debates on the criminal law. All too often they serve the function of argument. In response, I believe that one of the ways to judge whether a conception of punishment is fruitful is to determine how well it is equipped to expose any conceptual tricks. I argue in this article that the neutral conception is more fruitful in this respect than the normative conception. (shrink)

Many philosophers and legal scholars believe that the principle of retribution can be employed as a basis for respecting the offender as a person and for imposing relatively soft sentences. This belief is inspired, at least to a certain extent, by the penal philosophy of Kant and Hegel. My aim in this article is to question this widely held belief, with my contention being that retributivists locate the basis of these normative considerations in the wrong place. It is not the (...) application of the principle of retribution that makes systems of criminal law fair and restrained, but rather the other way around: Only by restricting the application of the principle of retribution in various ways can we arrive at a system of penal law that is reasonable and just. These restrictions themselves are not retributive in nature, but are intended to keep the principle of retribution in check. To substantiate these claims, I discuss the views of an older generation of philosophers and scientists, specifically those of Sidgwick, Durkheim, Malinowski, and Piaget, and hold that these provide a fruitful basis for a better understanding of the principle of retribution. In the second part of the article, I investigate how this alternative understanding relates to the principles of proportionality and mens rea, while also making some clarifying remarks about the issue of moral luck. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 293-314, December 2021.

Retributive theories not only explain why punishment should be administered, but often there is also a commitment to a retributive standard for the degree of punishment. In this paper, I first show that several variations are possible with regard to this standard. Next, I argue that neither of these standards can be specified. In fact, generally speaking there can be little clarity when we discuss in abstraction the degree of punishment. Hence, we should refrain from using these abstract standards and (...) opt for another kind of investigation in order to further study questions concerning the degree of punishment. In the end of the paper, I suggest there is a better way of dealing with these persistent and disturbing questions concerning the various systems of criminal law. (shrink)

In this paper, I argue that scholars such as John Braithwaite and Lode Walgrave rely on fictions when presenting their utopian vision of restorative justice. Three claims in particular are shown to be fictitious. Proponents of restorative justice maintain, first, that the offender and the victim voluntarily attend the restorative conference. Second, that the restorative conference enables the offender and the victim to take on active responsibility. Third, that the reparatory tasks on which the parties agree should not be understood (...) in terms of the intentional infliction of harm. These fictions, so I argue, are not merely a mistake, but instead serve an important function: the various parties need to believe that they adequately capture the reality of the restorative conference as they are more likely to acquiesce if they believe the fictions to be true. I conclude that the fictions are the driving force within the restorative endeavour. (shrink)

A controversy over the pudgala or “person” raged among Indian Buddhists for more than a millennium. Their polemics were at least as much a matter of canonical exegesis as of reasoning and argument, for the “mainstream” Buddhist doctors had to account for—and explain away—the numerous places in scripture where the Buddha speaks of the “person.” The Bhārahārasūtra or “sūtra on the bearer of the burden” was one of the scriptures most frequently quoted and discussed in this connection. The present paper (...) is aimed at presenting a reconstructed Sanskrit version of this sūtra and providing an overview of the doctrinal and argumentative uses that were made of it in the context of the debates about the status of the “person.”. (shrink)

Theories of quantum gravity generically presuppose or predict that the reality underlying relativistic spacetimes they are describing is significantly non-spatiotemporal. On pain of empirical incoherence, approaches to quantum gravity must establish how relativistic spacetime emerges from their non-spatiotemporal structures. We argue that in order to secure this emergence, it is sufficient to establish that only those features of relativistic spacetimes functionally relevant in producing empirical evidence must be recovered. In order to complete this task, an account must be given of (...) how the more fundamental structures instantiate these functional roles. We illustrate the general idea in the context of causal set theory and loop quantum gravity, two prominent approaches to quantum gravity. (shrink)

In prior work, we have argued that spacetime functionalism provides tools for clarifying the conceptual difficulties specifically linked to the emergence of spacetime in certain approaches to quantum gravity. We argue in this article that spacetime functionalism in quantum gravity is radically different from other functionalist approaches that have been suggested in quantum mechanics and general relativity: in contrast to these latter cases, it does not compete with purely interpretative alternatives, but is rather intertwined with the physical theorizing itself at (...) the level of quantum gravity. Spacetime functionalism allows one to articulate a coherent realist perspective in the context of quantum gravity, and to relate it to a straightforward realist understanding of general relativity. (shrink)

In prior work, we have argued that spacetime functionalism provides tools for clarifying the conceptual difficulties specifically linked to the emergence of spacetime in certain approaches to quantum gravity. We argue in this article that spacetime functionalism in quantum gravity is radically different from other functionalist approaches that have been suggested in quantum mechanics and general relativity: in contrast to these latter cases, it does not compete with purely interpretative alternatives, but is rather intertwined with the physical theorizing itself at (...) the level of quantum gravity. Spacetime functionalism allows one to articulate a coherent realist perspective in the context of quantum gravity, and to relate it to a straightforward realist understanding of general relativity. (shrink)

Radical ontic structural realism (ROSR) asserts an ontological commitment to ‘free-standing’ physical structures understood solely in terms of fundamental relations, without any recourse to relata that stand in these relations. Bain ([2013], pp.1621–35) has recently defended ROSR against the common charge of incoherence by arguing that a reformulation of fundamental physical theories in category-theoretic terms (rather than the usual set-theoretic ones) offers a coherent and precise articulation of the commitments accepted by ROSR. In this essay, we argue that category theory (...) does not offer a more hospitable environment to ROSR than set theory. We also show that the application of category-theoretic tools to topological quantum field theory and to algebraic generalizations of general relativity do not warrant the claim that these theories describe ‘object-free’ structures. We conclude that category theory offers little if any comfort to ROSR. 1 Introduction: Ridding Structures of Objects2 The Set-theoretic Peril for Radical Ontic Structural Realism3 Bain’s Categorial Strategy to Save Radical Ontic Structural Realism4 Throwing out the Relations with the Relata5 Categorial and Set-theoretical Structures6 Radical Suggestions from Topological Quantum Field Theory?7 Sheaves of Einstein Algebras as Radical Structures?8 Conclusions. (shrink)

Some authors have recently suggested that it is time to consider rights for robots. These suggestions are based on the claim that the question of robot rights should not depend on a standard set of conditions for ‘moral status’; but instead, the question is to be framed in a new way, by rejecting the is/ought distinction, making a relational turn, or assuming a methodological behaviourism. We try to clarify these suggestions and to show their highly problematic consequences. While we find (...) the suggestions ultimately unmotivated, the discussion shows that our epistemic condition with respect to the moral status of others does raise problems, and that the human tendency to empathise with things that do not have moral status should be taken seriously—we suggest that it produces a “derived moral status”. Finally, it turns out that there is typically no individual in real AI that could even be said to be the bearer of moral status. Overall, there is no reason to think that robot rights are an issue now. (shrink)

The aim of this paper is to discuss some aspects of the nature gravitational energy within the general theory of relativity. Some aspects of the difficulties to ascribe the usual features of localization and conservation to gravitational energy are reviewed and considered in the light of the dual of role of the dynamical gravitational field, which encodes both inertio-gravitational effects and the chronogeometrical structures of spacetime. These considerations will lead us to discuss the fact that the very notion of energy (...) - gravitational or not - is actually well-defined in the theory only with respect to some background structure. (shrink)

While punishment is a longstanding object of philosophical scrutiny, other controversial aspects of the justice system, such as policing, have flown under the radar. In this paper, we consider possible reasons why philosophers interested in crime and punishment have neglected policing. We make the case for a broader account of the political morality of the justice system, with a particular emphasis on policing. We sketch the outlines of an egalitarian version of such a theory, highlighting parallels between policing and the (...) welfare state. Finally, we turn to recent calls for police abolition. Evaluating such radical claims requires, we argue, going beyond the traditional confines of the philosophy of punishment and considering a more holistic and interdisciplinary theory of criminal justice. (shrink)

A basic intuition we have regarding the nature of time is that the future is open whereas the past is fixed. For example, whereas we think that there are things we can do to affect how the future will unfold, we think that there are not things we can do to affect how the past unfolded. However, although this intuition is largely shared, it is not a straightforward matter to determine the nature of the asymmetry it reflects. So, in this (...) paper, I survey various philosophical ways of characterizing the asymmetry between the ‘open future’ and the ‘fixed past’ in order to account for our intuition. In particular, I wonder whether the asymmetry is to be characterized in semantic, epistemic, metaphysical or ontological terms. I conclude that, although many of these characterizations may contribute to a global understanding of the phenomenon, an ontological characterization of the asymmetry is to be preferred, since it is superior to the alternatives in explanatory power, intelligibility, and in how it coheres with interesting senses of openness. (shrink)

Mainstream and Formal Epistemology provides the first, easily accessible, yet erudite and original analysis of the meeting point between mainstream and formal theories of knowledge. These two strands of thinking have traditionally proceeded in isolation from one another, but in this book, Vincent F. Hendricks brings them together for a systematic comparative treatment. He demonstrates how mainstream and formal epistemology may significantly benefit from one another, paving the way for a new unifying program of 'plethoric' epistemology. His book will (...) both define and further the debate between philosophers from two very different sides of the epistemological spectrum. (shrink)

(2011). Reading Against the Grain: Edith Stein's Confrontation with Heidegger as an Encounter with Hermeneutical Phenomenology. Journal of the British Society for Phenomenology: Vol. 42, Ethics, Curiosity and Ontology, pp. 125-138.

A basic intuition we have regarding the nature of time is that the future is open whereas the past is fixed. For example, whereas we think that there are things we can do to affect how the future will unfold (e.g. acting in an environmentally responsible manner), we think that there are not things we can do to affect how the past unfolded (“what is done is done”). However, although this intuition is largely shared, it is not a straightforward matter (...) to determine the nature of the asymmetry it reflects. So, in this paper, I survey various philosophical ways of characterizing the asymmetry between the ‘open future’ and the ‘fixed past’ in order to account for our intuition. In particular, I wonder whether the asymmetry is to be characterized in semantic, epis‐ temic, metaphysical or ontological terms. I conclude that, although many of these characterizations may contribute to a global understanding of the phenomenon, an ontological characterization of the asymmetry is to be preferred, since it is superior to the alternatives in explanatory power, intelligibility, and in how it coheres with interesting senses of openness. (shrink)

Expert judgment can be seen throughout climate science and even more prominently when discussing climate tipping points. To provide an accurate characterization of expert judgment we begin by evaluating the existing literature on expertise as it relates to climate science as a whole, before then focusing the literature review on the role of expert judgment in the unique context of climate tipping points. From this we turn our attention to the structured expert elicitation protocols specifically developed for producing expert judgments (...) about tipping points. We highlight that expert elicitation is not only used for the quantification of uncertainty in this context, but also for the very identification and characterization of tipping points and their interactions, making expert judgment in itself a genuine scientific output. The central role of expert judgment in this domain raises several epistemic issues that require careful attention. Among other topics, we discuss the relationship between expert judgment and modeling, as well as the nonepistemic values that are involved in the production of expert judgments, highlighting how the elicitation protocols can be used to manage these values. In the perspective of climate change, clarifying the epistemic foundations of expert judgment in this context can help to navigate the epistemic situation between self-defeating alarmism and blind dismissal, thus contributing to a better understanding of the challenges related to climate (and Earth system) tipping points. (shrink)

This note presents an outline of the social and intellectual conditions accounting for the rise of “conspiracy entrepreneurs”, that is these heterodox thinkers who make a living from their denunciations and revelations on the malevolent organisations and characters who really lead the universe. A special attention has been focused on the reports concerning conspiracy entrepreneurs in the media, which describe them as eccentric and thus entertaining. After the presentation of some studies of David Icke's reptilian hypothesis, a question is raised: (...) is it not legitimate to assert that academics studying conspiracy theories are themselves conspiracy entrepreneurs through their role in the spread of the subject of their studies. (shrink)

Servant leadership and other ethical and moral approaches to leadership have been criticized for focusing on followers to the potential detriment of other stakeholders, specifically shareholders. With individual data collected from 485 respondents nested in 55 similar stores in a single company, within a large metropolitan area in France, we tested a multilevel model whereby servant leadership relates positively to business-unit performance measured by profit growth—a key indicator for shareholders—through the mediation of employee flourishing and revenue growth. With financial performance (...) data collected approximately 15 months after servant leadership was measured, results supported the hypothesized relationships. At the individual level, this study also showed the association of servant leadership and employee flourishing to be negatively moderated by individual perceptions of power distance orientation: the weaker the power distance orientation, the stronger the influence of servant leadership on employee flourishing. Improving on prior studies that relied on data aggregated at the group level and proximal indicators of performance, this multilevel study sheds light on how servant leadership, a prominent form of ethically conscious leadership, may resolve the fundamental tension leaders face vis-à-vis the potentially diverging interests of their stakeholders. (shrink)

Ontic structuralism or ontic structural realism in the philosophy of physics can be broadly considered as an interpretative strategy providing a set of conceptual and metaphysical tools—or, more ambitiously, an ontological framework—in order to account for central features of current fundamental physics. This article aims to review the main structuralist interpretative moves in the context of our two best fundamental physical theories of matter and spacetime, namely, quantum theory and general relativity. We highlight in particular the structuralist understanding of permutation (...) invariance, entanglement and nonlocality in quantum theory, and of the dynamical features of spacetime, diffeomorphism invariance and background independence in general relativity. (shrink)

Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not take responsibility away (...) from humans; in fact they increase the abil-ity to hold humans accountable for war crimes. Using LAWS in war would probably reduce human suffering overall. Finally, the availability of LAWS would probably not increase the probability of war or other lethal conflict—especially as compared to extant remote-controlled weapons. The widespread fear of killer robots is unfounded: They are probably good news. (shrink)

The study presents a critical account of Confucius' life and undertakes a thorough analysis of his works and writings. Rather than the more usual examination of Confucius' teachings, the book examines the character and behaviour of the man himself, placed into contrast with the values he expresses in his works. For students and researchers in Chinese studies, The Ethics of Confucius will offer a fresh perspective on the life and character of a man whose writings have been very influential in (...) China and the wider world, for the last two thousand years. (shrink)

This paper critically discusses recent objections that have been raised against the contextual understanding of fundamental physical objects advocated by non-eliminative ontic structural realism. One of these recent objections claims that such a purely relational understanding of objects cannot account for there being a determinate number of them. A more general objection concerns a well-known circularity threat: relations presuppose the objects they relate and so cannot account for them. A similar circularity objection has also been raised within the framework of (...) the weak discernibility claims made in the last few years about quantum particles. We argue that these objections rely either on mere metaphysical prejudice or on confusing the logico-mathematical formalism within which a physical theory is formulated with the physical theory itself. Furthermore, we defend the motivations for taking numerical diversity as a primitive fact in this context. (shrink)

What proper role should considerations of risk, particularly to research subjects, play when it comes to conducting research on human enhancement in the military context? We introduce the currently visible military enhancement techniques (1) and the standard discussion of risk for these (2), in particular what we refer to as the ‘Assumption’, which states that the demands for risk-avoidance are higher for enhancement than for therapy. We challenge the Assumption through the introduction of three categories of enhancements (3): therapeutic, preventive, (...) and pure enhancements. This demands a revision of the Assumption (4), alongside which we propose some further general principles bearing on how to balance risks and benefits in the context of military enhancement research. We identify a particular type of therapeutic enhancements as providing a more responsible path to human trials of the relevant interventions than pure enhancement applications. Finally, we discuss some possible objections to our line of thought (5). While acknowledging their potential insights, we ultimately find them to be unpersuasive, at least provided that our proposal is understood as fully non-coercive towards the candidates for such therapeutic enhancement trials. (shrink)

In this paper it is argued that existing ‘self-representational’ theories of phenomenal consciousness do not adequately address the problem of higher-order misrepresentation. Drawing a page from the phenomenal concepts literature, a novel self-representational account is introduced that does. This is the quotational theory of phenomenal consciousness, according to which the higher-order component of a conscious state is constituted by the quotational component of a quotational phenomenal concept. According to the quotational theory of consciousness, phenomenal concepts help to account for the (...) very nature of phenomenally conscious states. Thus, the paper integrates two largely distinct explanatory projects in the field of consciousness studies: (i) the project of explaining how we think about our phenomenally conscious states, and (ii) the project of explaining what phenomenally conscious states are in the first place. (shrink)

How do people make sense of their experiences? How do they understand possibility? How do they limit possibility? These questions are central to all the human sciences. Here, Vincent Crapanzano offers a powerfully creative new way to think about human experience: the notion of imaginative horizons. For Crapanzano, imaginative horizons are the blurry boundaries that separate the here and now from what lies beyond, in time and space. These horizons, he argues, deeply influence both how we experience our lives (...) and how we interpret those experiences, and here sets himself the task of exploring the roles that creativity and imagination play in our experience of the world. (shrink)

In the present study, we combined first-, second-, and third-person levels of analysis to explore the feeling of being and acting together in the context of collaborative artistic performance. Following participation in an international competition held in Czech Republic in 2018, a team of ten artistic swimmers took part in the study. First, a self-assessment instrument was administered to rate the different aspects of togetherness emerging from their collective activity; second, interviews based on video recordings of their performance were conducted (...) individually with all team members; and third, the performance was evaluated by external artistic swimming experts. By combining these levels of analysis in different ways, we explore how changes in togetherness and lived experience in individual behavior may shape, disrupt, and stabilize joint performance. Our findings suggest that the experience of being and acting together is transient and changing, often alternating phases of decrease and increase in felt togetherness that can be consistently recognized by swimmers and external raters. (shrink)

The procedures of canonical quantization of the gravitational field apparently lead to entities for which any interpretation in terms of spatio-temporal localization or spatio-temporal extension seems difficult. This fact is the main ground for the suggestion that can often be found in the physics literature on canonical quantum gravity according to which spacetime may not be fundamental in some sense. This paper aims to investigate this radical suggestion from an ontologically serious point of view in the cases of two standard (...) forms of canonical quantum gravity, quantum geometrodynamics and loop quantum gravity. We start by discussing the physical features of the quantum wave functional of quantum geometrodynamics and of the spin networks of loop quantum gravity that motivate the view according to which spacetime is not fundamental. We then point out that, by contrast, for any known ontologically serious understanding of quantum entanglement, the commitment to spacetime seems indispensable. Against this background, we then critically discuss the idea that spacetime may emerge from more fundamental entities. As a consequence, we finally suggest that the emergence of classical spacetime in canonical quantum gravity faces a dilemma: either spacetime ontologically emerges from more fundamental non-spatio-temporal entities or it already belongs to the fundamental quantum gravitational level and the emergence of the classical picture is merely a matter of levels of description. On the first horn of the dilemma, it is unclear how to make sense of concrete physical entities that are not in spacetime and of the notion of ontological emergence that is involved. The second horn runs into the difficulties raised by the physics of canonical quantum gravity. (shrink)

The main research programs in quantum gravity tend to suggest in one way or another that most spacetime structures are not fundamental. At the same time, work in quantum foundations highlights fundamental features that are in tension with any straightforward space- time understanding. This paper aims to explore the little investigated but potentially fruitful links between these two fields.

This open access monograph offers a detailed study and a systematic defense of a key intuition we typically have, as human beings, with respect to the nature of time: the intuition that the future is open, whereas the past is fixed. For example, whereas it seems unsettled whether there will be a fourth world war, it is settled that there was a first world war. -/- The book contributes, in particular, three major and original insights. First, it provides a coherent, (...) non-metaphorical, and metaphysically illuminating elucidation of the intuition. Second, it determines which model of the temporal structure of the world is most appropriate to accommodate the intuition, and settles on a specific version of the Growing Block Theory of time (GBT). Third, it puts forward a naturalistic foundation for GBT, by exploiting recent results of our best physics (viz. General Relativity, Quantum Mechanics, and Quantum Gravity). Three main challenges are addressed: the dismissal of temporal asymmetries as non-fundamental phenomena only (e.g., thermodynamic or causal phenomena), the epistemic objection against GBT, and the apparent tension between GBT and relativistic physics. It is argued that the asymmetry between the open future and the fixed past must be grounded in the temporal structure of the world, and that this is neither precluded by our epistemic device, nor by the latest approaches to Quantum Gravity (​e.g., the Causal Set Theory). -/- Aiming at reconciling time as we find it in ordinary experience and time as physics describes it, this ​innovative book ​will raise the interest of both academic researchers and ​graduate students working on the philosophy of time. More generally, it ​presents contents of interest for all metaphysicians and non-dogmatic philosophers of physics. (shrink)

The procedures of canonical quantization of the gravitational field apparently lead to entities for which any interpretation in terms of spatio-temporal localization or spatio-temporal extension seems difficult. This fact is the main ground for the suggestion that can often be found in the physics literature on canonical quantum gravity according to which spacetime may not be fundamental in some sense. This paper aims to investigate this radical suggestion from an ontologically serious point of view in the cases of two standard (...) forms of canonical quantum gravity, quantum geometrodynamics and loop quantum gravity. We start by discussing the physical features of the quantum wave functional of quantum geometrodynamics and of the spin networks of loop quantum gravity that motivate the view according to which spacetime is not fundamental. We then point out that, by contrast, for any known ontologically serious understanding of quantum entanglement, the commitment to spacetime seems indispensable. Against this background, we then critically discuss the idea that spacetime may emerge from more fundamental entities. As a consequence, we finally suggest that the emergence of classical spacetime in canonical quantum gravity faces a dilemma: either spacetime ontologically emerges from more fundamental non-spatio-temporal entities or it already belongs to the fundamental quantum gravitational level and the emergence of the classical picture is merely a matter of levels of description. On the first horn of the dilemma, it is unclear how to make sense of concrete physical entities that are not in spacetime and of the notion of ontological emergence that is involved. The second horn runs into the difficulties raised by the physics of canonical quantum gravity. (shrink)

Primitive ontology is a recently much discussed approach to the ontology of quantum theory according to which the theory is ultimately about entities in 3-dimensional space and their temporal evolution. This paper critically discusses the primitive ontologies that have been suggested within the Bohmian approach to quantum field theory in the light of the existence of unitarily inequivalent representations. These primitive ontologies rely either on a Fock space representation or a wave functional representation, which are strictly speaking unambiguously available only (...) for free systems in flat spacetime. As a consequence, it is argued that they do not constitute fundamental ontologies for quantum field theory, in contrast to the case of the Bohmian approach to quantum mechanics. (shrink)