The draft Common Frame of Reference is likely to play a prominent role in the further development of European contract law. Therefore, with a view to its acceptability it is crucial to assess the draft from the point of view of social justice.The DCFR has all the characteristics of a typical European compromise. Ideological and esthetical purists will certainly be disappointed. This is not necessarily something to be worried about. A common frame of reference is not drafted, in the first (...) place (if at all), for esthetical or ideological reasons; it is meant to provide some normative guidance in the further development of European contract law. European citizens have very different interests, preferences and opinions in relation to almost all the subjects dealt with in the DCFR. A DCFR consistently based on only one conception about the right choices would inevitably have disappointed all European citizens with a different idea of social justice in European private law. Therefore, if we really want the further Europeanization of private law we will have to accept that it will probably look rather different from both the particular Member State law that each of us is familiar with and our personal ideas of social justice. The publication of the interim outline edition of the draft CFR, which is the result of a close collaboration between hundreds of legal scholars from all Member States, has brought that message home. The characterisations of the DCFR as 'a law for big business and competent consumers' or, alternatively, as a 'massive reduction of private autonomy' are both unfounded. Overall, from the point of view of social justice, the DCFR is fairly balanced. Nevertheless, there is certainly room for improvement.Even if the DCFR is going to remain only a soft law instrument it is still likely to have a considerable influence on the further development of private law in Europe and will therefore also affect, directly or indirectly, the lives of all European citizens. For this reason it is crucial that European citizens will not only be the addressees of the CFR, or of the legislative measures based thereon, but can also rightly consider themselves as its authors. After the drafting by legal experts and the rather one-sided 'stakeholders'' input that were both organised by the European Commission it is now time for the citizens' voice. Only a meaningful input from the European and national Parliaments can provide the final CFR with the regulatory legitimacy that it needs.The level of consumer protection in the DCFR is sufficiently high for it to be acceptable as the content of an optional instrument, which could be made applicable, for example, by clicking on a 'blue button'. However, as an absolute maximum beyond which the Member States would not be allowed to go in the case of full harmonisation, it is submitted, the level of protection in the DCFR is insufficient. Moreover, the DCFR draws a sharp distinction between B2C and B2B contracts. It categorically excludes from the protection that it grants to consumers all businesses, even the smallest ones that may be as vulnerable as consumers (or even more so) when it comes to a lack of information, inexperience and dependence. This sharp distinction deviates from the law in many Member States, is not required by the EC Treaty (which is relevant with a view to the CFR's role as a toolbox for revising the acquis and for drafting new acquis), and is potentially contrary to the fundamental principle of justice that any distinction between groups of people should favour the least privileged.General private law - the bulk of the model rules contained in the DCFR - cannot be said to be 'neoliberal' as the Social Justice Group feared it would. Nor is it 'socialist' as some business stake holders warned for. It strikes a balance between autonomy and solidarity that is quite similar to the ones drawn in the modern private laws (including the case law, i.e. not merely the civil codes) of the Member States. However, where the DCFR deviates from the Principles of European Contract Law (PECL) it is always in the liberal direction.Throughout the last Century general clauses, such as good faith, have played a prominent role in promoting social justice in private law in the Member States. In fact they became delegations of law-making power to the courts in order to allow them to find just and fair solutions in new cases. This tradition was codified in the PECL. However, in the DCFR the role of good faith is narrower and deliberately so. From the point of view of social justice it is important that in the final CFR the role of good faith as an undisputed legal basis for judge-made law should be restored.The catalogue of underlying values and principles, that is meant to become the preamble to the final CFR and is likely to play a crucial role in the interpretation and further development of the CFR, brings back to the foreground some fundamental values that have played a prominent role in private law making in the Member States but that have been overshadowed, on the European level, by the narrow focus on market building. Having said that, the list of values in the DCFR could be framed so as to be more balanced. In particular, the privileged position of party autonomy as the only principle that is also contained in the black-letter model rules seems unjustified. (shrink)

This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of contract can contribute to the realisation of (...) the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent. (shrink)

This book on infinite regress arguments provides (i) an up-to-date overview of the literature on the topic, (ii) ready-to-use insights for all domains of philosophy, and (iii) two case studies to illustrate these insights in some detail. Infinite regress arguments play an important role in all domains of philosophy. There are infinite regresses of reasons, obligations, rules, and disputes, and all are supposed to have their own moral. Yet most of them are involved in controversy. Hence the question is: what (...) exactly is an infinite regress argument, and when is such an argument a good one? (shrink)

Strategic ignorance is a widespread phenomenon. In a laboratory setting, many participants avoid learning information about the consequences of their behaviour in order to act egoistically. In real life, many consumers avoid information about their purchases or the working conditions in which they were produced in order to retain their lifestyle. The question is whether agents are blameworthy for such strategically ignorant behaviour. In this paper, I explore quality of will resources, according to which agents are blameworthy, roughly, depending on (...) their moral concern. The account I will propose—the Maximal Account—has three innovative features: it utilizes a suitable concept of maximal moral concern, it offers an accountability version of the account which significantly differs from the more familiar attributability variant, and it maintains that agents without maximal concern are blameworthy. (shrink)

Why act when the effects of one’s act are negligible? For example, why boycott sweatshop or animal products if doing so makes no difference for the better? According to recent proposals, one may still have a reason to boycott in order to avoid complicity or participation in harm. Julia Nefsky has argued that accounts of this kind suffer from the so-called “superfluity problem,” basically the question of why agents can be said to participate in harm if they make no difference (...) to it. This paper develops and responds to Nefsky’s challenge. (shrink)

The concept of meaningful work is used to evaluate the quality of work. Typical cases of meaningless work that have been used to clarify this concept are assembly line work, and work involving other types of mindless tasks, but also David Graeber's ‘bullshit jobs’. I argue that there are at least two fundamental reasons to care about meaningful work: reasons from the wellbeing of the worker and reasons pertaining to meaningfulness of the worker's life. I first argue that a concept (...) of meaningful work needs to reflect these two values, but that these two values may come apart. Because of this, accounts that provide a single answer to the question to what extent a particular work context is meaningful work for a particular worker are unable to reflect these two values. I then survey three promising accounts of meaningful work: perfectionism, which captures the self-interested aspect of meaningful work well but fails to capture the meaningfulness aspect appropriately; consequentialism, which captures the meaningfulness aspect well but fails to capture the self-interested aspect; and Wolf's Fitting Fulfilment View of meaningful projects, which can be read as addressing both concerns but leads to implausible judgments about meaningful work. I then argue that we should conceive of the concerns that fall under the notion of meaningful work as two separate concepts and values. The best work incorporates both these dimensions but falling short on either dimension is problematic for different reasons. (shrink)

BackgroundSexual boundary violations in healthcare are harmful and exploitative sexual transgressions in the professional–client relationship. Persons with mental health issues or intellectual disabilities, especially those living in residential settings, are especially vulnerable to SBV because they often receive long-term intimate care. Promoting good sexual health and preventing SBV in these care contexts is a moral and practical challenge for healthcare organizations.MethodsWe carried out a qualitative interview study with 16 Dutch policy advisors, regulators, healthcare professionals and other relevant experts to explore (...) their perspectives on preventing SBV in mental health and disability care organizations. We used inductive thematic analysis to interpret our data.ResultsWe found three main themes on how healthcare organizations can prevent SBV in mental health and disability care: setting rules and regulations, engaging in dialogue about sexuality, and addressing systemic and organizational dimensions.ConclusionOur findings suggest that preventing SBV in mental health and disability care organizations necessitates setting suitable rules and regulations and facilitating dialogue about positive aspects of sexuality and intimacy, as well as about boundaries, and inappropriate behaviors or feelings. Combining both further requires organizational policies and practices that promote transparency and reflection, and focus on creating a safe environment. Our findings will help prevent SBV and promote sexual health in mental health and disability care organizations. (shrink)

This introduction provides an overview of the current state of the debate on the epistemic condition of moral responsibility. In sect. 1, we discuss the main concepts ‘ignorance’ and ‘responsibility’. In sect. 2, we ask why agents should inform themselves. In sect. 3, we describe what we take to be the core agreement among main participants in the debate. In sect. 4, we explain how this agreement invites a regress argument with a revisionist implication. In sect. 5, we provide an (...) overview of the main responses to the regress argument. In sect. 6, we address the question why blameless ignorance excuses. In sect. 7, we describe further issues that are addressed in the book. In sect. 8, we conclude with some discussion of future directions the debate might take. (shrink)

This article aims to explore a ‘lived discipleship’ by determining whether and how contemporary communities of faith could implement the norms and principles reflected in the Emmaus narrative of Luke 24:13–35 within a plausible epistemological framework that might facilitate a fresh understanding of Christian followership as discipleship. This was done through an empirical case study using two focus groups as co-researchers, in order to actively listen to their respective understandings of lived theology in their unique South African contexts. The two (...) focus groups consisted of (1) a contemporary Christian grouping of Afrikaans-speaking, active churchgoers situated in Hazeldean, a suburb in Pretoria East, Tshwane, Gauteng and (2) a contemporary Christian grouping of African, active churchgoers situated in Ivory Park, a suburb in Tembisa, Ekurhuleni, Gauteng. This article concluded that Luke 24:13–35 nudged the co-researchers to re-evaluate their contemporary understanding of discipleship and moved them to additional and new perspectives in terms of practical expressions thereof that can be best described as ‘lived followership’. A shift from perceiving Jesus in terms of an ‘act to follow’ by gaining the correct knowledge, to following Jesus as ‘a performative act’, a shift from ‘theoretical knowledge’ to ‘heart knowledge’. Contribution: This article is a part of the Festschrift for Prof. Stephan Joubert. This article plays into similar creative interdisciplinary relationship as seen in the work of Prof. Joubert, by looking at the relationship between New Testament and Practical Theology in order to improve practices of faith that is rooted in a biblical understanding of Jesus. (shrink)

What's wrong with joining corona parties? In this article, I defend the idea that reasons to avoid such parties come in degrees. I approach this issue from a participation-based perspective. Specifically, I argue that the more people are already joining the party, and the more likely it is that the virus will spread among everyone, the stronger the participation-based reason not to join. In defense of these degrees, I argue that they covary with the expression of certain attitudes.

The growth of autistic self-advocacy and the neurodiversity movement has brought about new ethical, theoretical and ideological debates within autism theory, research and practice. These debates have had genuine impact within some areas of autism research but their influence is less evident within early intervention research. In this paper, we argue that all autism intervention stakeholders need to understand and actively engage with the views of autistic people and with neurodiversity as a concept and movement. In so doing, intervention researchers (...) and practitioners are required to move away from a normative agenda and pay diligence to environmental goodness-of-fit, autistic developmental trajectories, internal drivers and experiences, and autistic prioritized intervention targets. Autism intervention researchers must respond to these debates by reframing effectiveness, developing tools to measure autistic prioritized outcomes, and forming partnerships with autistic people. There is a pressing need for increased reflection and articulation around how intervention practices align with a neurodiversity framework and greater emphasis within intervention programmes on natural developmental processes, coping strategies, autonomy, and well-being. (shrink)

Generative artificial intelligence systems based on transformers, including both text-generators like GPT-4 and image generators like DALL-E 3, have recently entered the popular consciousness. These tools, while impressive, are liable to reproduce, exacerbate, and reinforce extant human social biases, such as gender and racial biases. In this paper, we systematically review the extent to which DALL-E Mini suffers from this problem. In line with the Model Card published alongside DALL-E Mini by its creators, we find that the images it produces (...) tend to represent dozens of different occupations as populated either solely by men (e.g., pilot, builder, plumber) or solely by women (e.g., hairdresser, receptionist, dietitian). In addition, the images DALL-E Mini produces tend to represent most occupations as populated primarily or solely by White people (e.g., farmer, painter, prison officer, software engineer) and very few by non-White people (e.g., pastor, rapper). These findings suggest that exciting new AI technologies should be critically scrutinized and perhaps regulated before they are unleashed on society. (shrink)

While substantial evidence is emerging internationally of positive increases in the participation of women on company boards, there is less evidence of any significant change in the proportion of women in senior executive ranks. This paper describes evidence of positive changes in the number of women on boards in Australia. Unfortunately these changes are not mirrored in the senior executive ranks where the proportion of women remains consistently low. We explore some of the reasons for these disproportionate changes and examine (...) the likely effect of the recent amendments to the Australian stock exchange’s corporate governance code designed to improve gender diversity both on boards and throughout organisations. Based on the early corporate response to these regulatory changes, it is interesting to consider whether Australia’s approach in promoting voluntary self-regulation at the corporate level may be as effective in the long run as the emerging trend in Europe to apply legislated quotas for female corporate board representation. Interview evidence is presented suggesting that the primary reasons for the lack of women in leadership are not simply lack of opportunity at the apex of the corporation, but issues at mid-management level that are unlikely to be resolved by mandatory board quotas. In some circumstances carefully monitored voluntary targets may be more effective at promoting cultural and strategic change at the heart of the corporation. In summary, mandatory quotas may achieve early and significant results in terms of female board representation. However, voluntary targets for women’s participation on boards and in executive ranks may promote more effective cultural and practical change in support of greater representation of women in leadership. (shrink)

The general view is that metaphysical explanation is asymmetric. For instance, if resemblance facts can be explained by facts about their relata, then, by the asymmetry of explanation, these latter facts cannot in turn be explained by the former. The question however is: is there any reason to hold on to the asymmetry? If so, what does it consist in? In the paper we approach these questions by comparing them to analogous questions that have been investigated for scientific explanations. Three (...) main asymmetry criteria have been proposed for the latter: (i) causation, (ii) unification, and (iii) explanatory dependence. We argue that the last criterion, but not the former two, can be of help to metaphysical explanation: metaphysical explanations are asymmetric if the explanatory dependence criterion (in modified format) holds of them. (shrink)

Kant's distinction between analytic and synthetic method is connected to the so-called Aristotelian model of science and has to be interpreted in a (broad) directional sense. With the distinction between analytic and synthetic judgments the critical Kant did introduced a new way of using the terms 'analytic'-'synthetic', but one that still lies in line with their directional sense. A careful comparison of the conceptions of the critical Kant with ideas of the precritical Kant as expressed in _Ãœber die Deutlichkeit, leads (...) to the interpretation defended here of Kant's distinction between analytic and synthetic judgments within his philosophy of mathematics. (shrink)

Micro-phenomenology is an interview and analysis method for investigating subjective experience. As a research tool, it provides detailed descriptions of brief moments of any type of subjective experience and offers techniques for systematically comparing them. In this article, we use an auto-ethnographic approach to present and explore the method. The reader is invited to observe a dialogue between two authors that illustrates and comments on the planning, conducting and analysis of a pilot series of five micro-phenomenological interviews. All these interviews (...) asked experienced researchers of micro-phenomenology to browse their memories to identify one successful and one challenging instance of working with micro-phenomenology. The interview then focused on this reflective task to investigate whether applying the method to itself might reveal quality criteria. The article starts by presenting a shortened and edited version of the first of these interviews. Keeping the dialogue format, we then outline the micro-phenomenological analysis procedure by demonstrating its application to part of this data and corresponding passages of other interviews. We focus on one unexpected finding: interviewed researchers judge the quality of an interview in part based on a connection or contact between interviewer and interviewee. We discuss these results in the context of the means and intentions of the method and suggest avenues for future research. (shrink)

We investigate whether smile mimicry and emotional contagion are evident in non-text-based computer-mediated communication (CMC). Via an ostensibly real-time audio-visual CMC platform, participants interacted with a confederate who either smiled radiantly or displayed a neutral expression throughout the interaction. Automatic analyses of expressions displayed by participants indicated that smile mimicry was at play: A higher level of activation of the facial muscle that characterises genuine smiles was observed among participants who interacted with the smiling confederate than among participants who interacted (...) with the unexpressive confederate. However, there was no difference in the self-reported level of joviality between participants in the two conditions. Our findings demonstrate that people mimic smiles in audio-visual CMC, but that even though the diffusion of emotions has been documented in text-based CMC in previous studies, we find no convincing support for the phenomenon of emotional contagion in non-text-based CMC. (shrink)

Many philosophers accept derivative blameworthiness for ignorant conduct – the idea that the blameworthiness for one’s ignorance can ‘transfer’ to blameworthiness for one’s subsequent ignorant conduct. In this chapter we ask the question what it actually means that blameworthiness would transfer, and explore four distinct views and their merits. On views (I) and (II), one’s overall degree of blameworthiness is determined by factors relevant to one’s ignorance and/or one’s subsequent conduct, and transfer only involves an increase in scope. On views (...) (III) and (IV), one’s overall degree of blameworthiness is determined by factors relevant to one’s ignorance as well as one’s subsequent conduct, and transfer might not only entail an increase in scope, but also in degree. (shrink)

For the past half-century, issues relating to the ethical conduct of human research have focused largely on the domain of medical, and more recently social–psychological research. The modern regime of applied ethics, emerging as it has from the Nuremberg trials and certain other historical antecedents, applies the key principles of: autonomy, respect for persons, beneficence, non-maleficence, and justice to human beings who enter trials of experimental drugs and devices :168–175, 2001). Institutions such as Institutional Review Boards and Ethics Committees oversee (...) most governmentally-funded medical research around the world, in more than a hundred nations that are signers of the Declaration of Helsinki. Increasingly, research outside of medicine has been recognized to pose potential risks to human subjects of experiments. Ethics committees now operate in the US, Canada, the U.K. and Australia to oversee all governmental-funded research, and in other jurisdictions, the range of research covered by such committees is expanding. Social science, anthropology, and other fields are falling under more clear directives to conduct a formal ethical review for basic research involving human participants. The legal and institutional response for protecting human subjects in the course of developing non-medical technologies, engineering, and design is currently vague, but some universities are establishing ethics committees to oversee their human subjects research even where the experiments involved are non-medical and not technically covered by the Declaration of Helsinki. In The Netherlands, as in most of Europe, Asia, Latin America, or Africa, no laws mandate an ethical review of non-medical research. Yet, nearly 2 years ago we launched a pilot ethics committee at our technical university and began soliciting our colleagues to submit their studies for review. In the past year, we have become officially recognized as a human subjects ethics committee for our university and we are beginning the process of requiring all studies using human subjects to apply for our approval. In this article, we consider some of the special problems relating to protecting human participants in a technology context, and discuss some of our experiences and insights about reviewing human subjects research at a technical university, concluding: that not less than in medical studies, human participants used in technology research benefit from ethical committees’ reviews, practical requirements for publications, grants, and avoiding legal liability are also served by such committees, and ethics committees in such contexts have many similarities to, but certain other special foci than medical ethics committees. We believe that this experience, and these observations, are helpful for those seeking to establish such committees in technology research contexts, and for framing the particular issues that may arise in such contexts for the benefit of researchers, and nascent committees seeking to establish their own procedures. (shrink)

This comparative content analysis of Belgian and Swedish newspaper coverage of the ‘refugee situation’ in 2015 (N=898) revolves around responsibility indicators, news actor characteristics, and thematic emphasis. As they are a potential influential factor in the public-opinion formation process, the studying of media portrayals is an essential first step in investigating the dynamic interplay between media discourse and societal reactions. Belgium and Sweden differ with respect to migration policy, integration indicators, and the number of incoming refugees. They also differ in (...) terms of journalistic cultural values. As a result, they make for an excellent case study of intercultural differences and similarities in how refugees are reported on. Our analysis made clear that Belgian news coverage shows regional diversity, with Francophone Belgian journalists showing more tolerance towards migrants and thus tending to be more in line with their Swedish counterparts. Still, refugees are seldom allowed to speak for themselves. This warrants attention and action by news professionals. (shrink)

Where the possibility of metaphysics as a science is concerned, Kant assigns the exact sciences the function of an exemplar; for these disciplines have long been well established on "the secure path of a science." Accordingly, in the Prolegomena Kant explicitly addresses the question "How is metaphysics possible as a science?" by way of the questions "How is pure mathematics possible?" and "How is pure natural science possible?" Moreover, all these questions arise directly out of the main transcendental question: "How (...) are synthetic judgments a priori possible?" The deplorable situation of the metaphysics of the day would have been entirely attributable to misappraisal of this central transcendental question. (shrink)

Infinite regress arguments show up in many philosophical debates. But what actually is a regress argument? This article reviews two theories: the Paradox Theory and the Failure Theory. According to the Paradox Theory, regress arguments can be used to refute an existentially or universally quantified statement (e.g. to refute the statement that at least one discussion is settled, or the statement that discussions are settled only if there is an agreed-upon criterion to settle them). According to the Failure Theory, regress (...) arguments can be used to demonstrate that a certain solution fails to solve an existentially or universally quantified problem (e.g. to demonstrate that a certain solution fails to settle all discussions, or that it fails to settle even one discussion). In the literature, the Paradox Theory is fairly well-developed, and this article shows that the Failure Theory can be supplied with similar tools. (shrink)

There is much discussion in sports on whether certain behavior should be considered Fair Play. This moral judgment on Fair Play is influenced by the conceptualization of the term Fair Play as either “respect for the rules” or “respect for the spirit of the game,” as well as by other determinants. To uncover the moral judgment of athletes and which conceptualization of Fair Play dominates in practice, a factorial survey approach is used. The act and the level of the match (...) played a role in the judgment, as well as the gender of the athlete. Our results showed that both conceptualizations “respect for the rules” and “respect for the spirit of the game” were important in this judgment, with the spirit conceptualization being more dominant. (shrink)

Elinor Mason argues that there are different kinds of blameworthiness: ordinary and detached. In the following, I summarize the key aspects of both kinds, and critically discuss the exact boundaries between them. According to Mason, we should not blame wrongdoers in the ordinary way if they do not know that their conduct is problematic. This is plausible insofar as the function of ordinary blame is to remind wrongdoers of values that they already share, but I will suggest that we need (...) a slightly different account if its function is to communicate values that they do not share yet. (shrink)

It is widely assumed that it is rational to suspend one’s belief regarding a certain proposition only if one’s evidence is neutral regarding that proposition. In this paper I broaden this condition, and defend, on the basis of an improved ancient argument, that it is rational to suspend one’s belief even if the available evidence is not neutral – or even close to neutral.