On March, 24, 2020, 818 cases of COVID-19 had been reported in New South Wales, Australia, and new cases were increasing at an exponential rate. In anticipation of resource constraints arising in clinical settings as a result of the COVID-19 pandemic, a working party of ten ethicists was convened at the University of Sydney to draft an ethics framework to support resource allocation decisions. The framework guides decision-makers using a question-and-answer format, in language that avoids philosophical and medical technicality. The (...) working party met five times over the following week and then submitted a draft Framework for consideration by two groups of intensivists and one group of academic ethicists. It was also presented to a panel on a national current affairs programme. The Framework was then revised on the basis of feedback from these sources and made publicly available online on April 3, ten days after the initial meeting. The framework is published here in full to stimulate ongoing discussion about rapid development of user-friendly clinical ethics resources in ongoing and future pandemics. (shrink)

In reviewing five edited collections and one monograph from the 1990s, the article summarizes the present status of the "human rights revolution" that was signaled by the adoption in 1948 of the "Universal Declaration of Human Rights". It goes on to elaborate and evaluate some of the attempts contained in these books to deal with theoretical and practical controversies surrounding the subject of human rights, particularly the discussion of what to make of "cultural relativism" as far as human rights are (...) concerned. Finally, the article summarizes some recent thinking and research on a neglected area, namely compliance with human rights standards protecting "freedom of religion or belief.". (shrink)

This landmark book is now reissued in a new edition that has been vastly rewritten and updated to respond to recent Kantian literature. It includes a new discussion of the Third Analogy, a greatly expanded discussion of Kant’s _Paralogisms, _and entirely new chapters dealing with Kant’s theory of reason, his treatment of theology, and the important Appendix to the Dialectic. _Praise for the earlier edition: _ “Probably the most comprehensive and substantial study of the Critique of Pure Reason written by (...) any American philosopher.... This is a splendid book.”—Lewis White Beck “This masterful study... will most certainly join the canon of required reading for future interpreters of Kant’s theoretical philosophy. Superbly organized and lucidly written.”—Garrett Green, _Journal of Religion_. (shrink)

This book is both a critique of the concept of the rights-holding, free, autonomous individual and attendant ideology dominant in the contemporary West, and an account of an alternative view, that of the role-bearing, interrelated responsible person of classical Confucianism, suitably modified for addressing the manifold problems of today.

Although a good deal has been written about Kant's conception of free will in recent years, there has been no serious attempt to examine in detail the development of his views on the topic. This book endeavours to remedy the situation by tracing Kant's thoughts on free will from his earliest discussions of it in the 1750s through to his last accounts in the 1790s. This developmental approach is of interest for at least two reasons. First, it shows that the (...) path that led Kant to view freedom as a transcendental power that is both radically distinct from and compatible with the causality of nature was a winding one. Second, it indicates that, despite the variety of views of free will that Kant held at various times, the concept occupied a central place in his thought, because it was the point of union between his theoretical and practical philosophy. (shrink)

Many think that properties are powers. However, whilst some claim that properties are pure powers, others claim that properties are powerful qualities. In this paper, I argue that the canonical formulation of the powerful qualities view is no different from the pure powers view. Contrary to appearances, the two positions accept the same view of properties. Thus, the debate between them rests on an illusion. I draw out some consequences of this surprising result for issues over property individuation. Along the (...) way, I argue that all existing objections to the powerful qualities view fail. (shrink)

Most scientific theories of consciousness are challenging to apply outside the human case insofar as non‐human systems (both biological and artificial) are unlikely to implement human architecture precisely, an issue I call the specificity problem. After providing some background on the theories of consciousness debate, I survey the prospects of four approaches to this problem. I then consider a fifth solution, namely the theory‐light approach proposed by Jonathan Birch. I defend a modified version of this that I term the modest (...) theoretical approach, arguing that it may provide insights into challenging cases that would otherwise be intractable. (shrink)

Direct-to-Consumer genomics has been a controversial topic for over a decade. Much work has been done on the legal issues it raises. This article asks a different question: What will DTC genomics and its legal issues look like in ten to twenty years? After discussing the five current uses of DTC genomics, it describes three current legal issues: medical uses, privacy of genomic information, and privacy in collection and analysis of human DNA. It then suggests that changes in human genomics (...) and how it is used will make the first of those DTC genomics legal issues less important in the future, but that the third will be increasingly significant. (shrink)

Recently, a new movement has arisen in the philosophy of perception: one that views perception as a natural kind. Strangely, this movement has neglected the extensive work in philosophy of science on natural kinds. The present paper remedies this. I start by isolating a widespread and influential assumption, which is that we can give necessary and sufficient conditions for perception. I show that this assumption is radically at odds with current philosophy of science work on natural kinds. I then develop (...) an alternative, new view of perception. This new view takes as its starting point the dominant position on kinds in the life sciences: the homeostatic property cluster account. I show that, if you accept this view, then all of the putative cases of unconscious perception are more plausibly seen as cases where it is indeterminate whether the mental episode in question is an instance of perception. (shrink)

Pluralist and eliminativist positions have proliferated within both science and philosophy of science in recent decades. This paper asks the question why this shift of thinking has occurred, and where it is leading us. We provide an explanation which, if correct, entails that we should expect pluralism and eliminativism to transform other debates currently unaffected, and for good reasons. We then consider the question under what circumstances eliminativism will be appropriate, arguing that it depends not only on the term in (...) question, but also on the context of discussion and details of the debate at hand. The resultant selective eliminativism is an appealing compromise for various ‘pluralists’ and ‘eliminativists’ who are currently locking horns. (shrink)

This paper proposes a formal top-level model of explaining the outputs of machine-learning-based decision-making applications and evaluates it experimentally with three data sets. The model draws on AI & law research on argumentation with cases, which models how lawyers draw analogies to past cases and discuss their relevant similarities and differences in terms of relevant factors and dimensions in the problem domain. A case-based approach is natural since the input data of machine-learning applications can be seen as cases. While the (...) approach is motivated by legal decision making, it also applies to other kinds of decision making, such as commercial decisions about loan applications or employee hiring, as long as the outcome is binary and the input conforms to this paper’s factor- or dimension format. The model is top-level in that it can be extended with more refined accounts of similarities and differences between cases. It is shown to overcome several limitations of similar argumentation-based explanation models, which only have binary features and do not represent the tendency of features towards particular outcomes. The results of the experimental evaluation studies indicate that the model may be feasible in practice, but that further development and experimentation is needed to confirm its usefulness as an explanation model. Main challenges here are selecting from a large number of possible explanations, reducing the number of features in the explanations and adding more meaningful information to them. It also remains to be investigated how suitable our approach is for explaining non-linear models. (shrink)

In this paper several recent factor- and dimension-based models of precedential constraint are formally investigated and an alternative dimension-based model is proposed. Simple factor- and dimension-based syntactic criteria are identified for checking whether a decision in a new case is forced, in terms of the relevant differences between a precedent and a new case, and the difference between absence of factors and negated factors in factor-based models is investigated. Then Horty’s and Rigoni’s recent dimension-based models of precedential constraint are critically (...) examined. An alternative to their reason models is proposed which is less expressive but arguably easier to apply in practice. (shrink)

There is an overriding orthodoxy amongst philosophers that attention is a ‘unified phenomenon’, subject to explanation by one monistic theory. In this article, I examine whether this philosophical orthodoxy is reflected in the practice of psychology. I argue that the view of attention that best represents psychological work is a variety of conceptual pluralism. When it comes to the psychology of attention, monism should be rejected and pluralism should be embraced. _1_ The Monistic Consensus _2_ The Varieties of Pluralism _3_ (...) Three Concepts _3.1_ Blindsight _3.2_ Executive attention _3.3_ Alerting _4_ Pluralism _4.1_ Methodological conceptual pluralism _4.2_ Three monist interpretations _5_ Philosophical Monism? _6_ Conclusion. (shrink)

_Critical Models_ combines into a single volume two of Adorno's most important postwar works -- _Interventions: Nine Critical Models_ and _Catchwords: Critical Models II_. Written after his return to Germany in 1949, the articles, essays, and radio talks included in this volume speak to the pressing political, cultural, and philosophical concerns of the postwar era. The pieces in _Critical Models_ reflect the intellectually provocative as well as the practical Adorno as he addresses such issues as the dangers of ideological conformity, (...) the fragility of democracy, educational reform, the influence of television and radio, and the aftermath of fascism. This new edition includes an introduction by Lydia Goehr, a renowned scholar in philosophy, aesthetic theory, and musicology. Goehr illuminates Adorno's ideas as well as the intellectual, historical, and critical contexts that shaped his postwar thinking. (shrink)

Defenders of the phenomenal concept strategy have to explain how both physical and phenomenal concepts provide a substantive grasp on the nature of their referents, whilst referring to the very same experience. This is the ‘new challenge’ to physicalism. In this paper, I argue that if the physicalist adopts the powerful qualities ontology of properties then a new and powerful version of the phenomenal concept strategy can be developed, which answers the new challenge.

Autonomous vehicles are one of the most spectacular recent developments of Artificial Intelligence. Among the problems that still need to be solved before they can fully autonomously participate in traffic is the one of making their behaviour conform to the traffic laws. This paper discusses this problem by way of a case study of Dutch traffic law. First it is discussed to what extent Dutch traffic law exhibits features that are traditionally said to pose challenges for AI & Law models, (...) such as exceptions, rule conflicts, open texture and vagueness, rule change, and the need for commonsense knowledge. Then three approaches to the design of law-conforming AV are evaluated in light of the challenges posed by Dutch traffic law, which includes an assessment of the usefulness of AI & Law models of nonmonotonic reasoning, argumentation and case-based reasoning. (shrink)

Within contemporary science, it is common practice to compare data points to the average, i.e., to the statistical mean. Because this practice is so familiar, it might at first appear not to be the sort of thing that requires explanation. But recent research in cognitive science and in the history of science gives us reason to adopt the opposite perspective. Cognitive science research on the ways people ordinarily make sense of the world suggests that, instead of using a purely statistical (...) notion of the average, people tend to use a value-laden notion of the normal. Similarly, historical research on the scientific practices used in other time periods indicates that, prior to the nineteenth century, scientists tended to make use of a notion of the normal that was overtly value-laden. These findings give us reason to rethink certain familiar facts about scientific practice. In particular, they suggest that the fact that scientists so often make use of the statistical average should be seen as a highly surprising fact, the sort of thing that calls out for explanation. (shrink)

A central question for philosophical psychology is which mental faculties form natural kinds. There is hot debate over the kind status of faculties as diverse as consciousness, seeing, concepts, emotions, constancy and the senses. In this paper, I take emotions and concepts as my main focus, and argue that questions over the kind status of these faculties are complicated by the undeservedly overlooked fact that natural kinds are indeterminate in certain ways. I will show that indeterminacy issues have led to (...) an impasse in the debates over emotions and concepts. I first consider and reject one way of resolving this impasse. I then suggest a different method, which places more emphasis on a close analysis of predictive and explanatory practices in psychology. I argue that when we apply this method, a new position emerges: that it is indeterminate whether concepts or emotions are natural kinds. They are neither determinately natural kinds, nor determinately not natural kinds. Along the way, we will see that natural kinds have been put to two completely different theoretical uses, which are often been blurred together, and that they are ill-suited to fulfil one of them. (shrink)

Naguère suspecte, voire rejetée, l'histoire du temps présent a pris aujourd'hui une place sans commune mesure dans l'espace public comme à l'Université - avec l'explosion du nombre d'étudiants en cette matière. A cela, plusieurs raisons : la mémoire et le patrimoine ont envahi l'espace public et scientifique ; le témoignage a pris l'allure d'un impératif social et moral ; la justice temporelle s'est muée en tribunal de l'histoire pour juger de crimes politiques vieux de plusieurs décennies mais dont l'après-coup continue (...) de cheminer dans notre présent. Une évidence, dira-t-on. Mais mesure-t-on pour autant le revirement qui se joue ici? Car le passé n'est plus cet ensemble de traditions à respecter, d'héritages à transmettre, de connaissances à élaborer ni de morts à commémorer ; c'est un constant «travail» de deuil ou de mémoire à entreprendre, tant s'est enracinée l'idée que si le passé doit être arraché des limbes de l'oubli, seuls des dispositifs publics ou privés peuvent l'en exhumer, avec ou sans l'aide de l'historien. Tel est le «présentisme» : devenu un problème à résoudre, et désormais un champ de l'action publique, le passé - et singulièrement le passé proche, celui des dernières catastrophes en date - n'est pas oublié, il est constamment mobilisé et reformulé selon les urgences du jour. L'exigence de vérité propre à la démarche historique s'est muée en exigence sociale de reconnaissance, en politiques de réparation, en discours d'excuses à l'égard des victimes. La question de la contemporanéité n'est pas nouvelle : elle s'est posée à travers les âges, mais Henry Rousso prend la mesure de sa profonde transformation au cours des deux grands après-guerres du XXe siècle et définit ses enjeux fondamentaux : comment écrire une histoire en train de se faire? Comment mettre à distance la proximité apparente? Comment se battre sur deux fronts à la fois - celui de l'histoire et celui de la mémoire, celui d'un présent que l'on ne veut pas voir passer et celui d'un passé qui revient hanter le présent? La nouvelle histoire du contemporain, toute entière inscrite dans cette tension, est plus que jamais marquée par l'incertitude, l'instabilité et l'inachèvement. (shrink)

Due to the prevalence, severity, and costs associated with autism spectrum disorders, it has become a public health issue. In response, state governments have adopted ASD-specific private insurance mandates requiring coverage of ASD screening, diagnosis, and treatment. Despite rapid uptake of these laws, differences exist in the type and levels of coverage, especially for allied health services including occupational therapy. We piloted a structured legal research methodology to code ASD insurance mandates that impact allied health service provisions. State private insurance (...) mandates were obtained from WestlawNext. A coding methodology was piloted on 14 states and included variables for age and service limits, treatments covered, and medical necessity. Coding methods were feasible and highly reliable among raters. Ten of 12 states had a coverage mandate, many with specific provisions for allied health providers. A full analysis of all 50 states is warranted to identify provisions affecting allied health providers serving individuals with ASD. (shrink)

Most people will grant that we bear special moral obligations toward at least some nonhuman animals that we do not bear toward inanimate objects like stones, mountains, or works of art. These moral obligations are plausibly grounded in the fact that many if not all nonhuman animals share important psychological states and capacities with us, such as consciousness, suffering, and goal-directed behavior. But which of these states and capacities are really critical for a creature’s possessing moral status, and how can (...) we determine which animals do in fact have them? In this paper, I examine three main approaches to answering these questions. First are what I term consciousness-based approaches that tackles these questions by first asking which animals are conscious. Second are affective-state approaches that focus on identifying behavioural and physiological signatures of states like pain, fear, and stress. Finally, I consider what I call preference-based approaches whose focus is on the question of which organisms have robust motivational states. I examine the prospects and challenges—both theoretical and empirical—faced by these seemingly contrasting methodologies. I go on to suggest that there are reasons why, despite challenges, we should be robustly committed to the project of identifying psychological grounds of moral status. I conclude by suggesting we should also take seriously the idea of pluralism about moral status, according to which each of these approaches might be capable of providing independent grounds for moral consideration. (shrink)

Financial and prosocial biases in favor of attractive adults have been documented in the labor market, in social transactions in everyday life, and in studies involving experimental economic games. According to the taste-based discrimination model developed by economists, attractiveness-related financial and prosocial biases are the result of preferences or prejudices similar to those displayed toward members of a particular sex, racial, ethnic, or religious group. Other explanations proposed by economists and social psychologists maintain that attractiveness is a marker of personality, (...) intelligence, trustworthiness, professional competence, or productivity. Evolutionary psychologists have argued that attractive adults are favored because they are preferred sexual partners. Evidence that stereotypes about attractive people are causally related to financial or prosocial biases toward them is weak or nonexistent. Consistent with evolutionary explanations, biases in favor of attractive women appear to be more consistent or stronger than those in favor of attractive men, and biases are more consistently reported in interactions between opposite-sex than same-sex individuals. Evolutionary explanations also account for increased prosocial behavior in situations in which attractive individuals are simply bystanders. Finally, evolutionary explanations are consistent with the psychological, physiological, and behavioral changes that occur when individuals are exposed to potential mates, which facilitate the expression of courtship behavior and increase the probability of occurrence of mating. Therefore, multiple lines of evidence suggest that mating motives play a more important role in driving financial and prosocial biases toward attractive adults than previously recognized. (shrink)

I offer a new response to the regress argument against pure powers ontologies. This involves rejecting an overlooked premiss, which is that a power’s manifestation is exhaustively accounted for by the powers involved in it. Rejection of this premiss not only answers the regress argument, but also brings with it wider metaphysical consequences, including a shift away from one-category ontologies.

Prakken gives an argumentation‐based analysis of the manslaughter case using logical tools developed in AI. Prakken regards evidential argumentation as the construction and attack of ‘trees of inference’ from evidence to conclusions by applying generalizations. He argues that this approach clearly shows how evidence and hypotheses relate and what are the points of disagreement, but that it cannot give a clear overview over a case and lacks a systematic account of degrees of uncertainty.

The powerful qualities view of properties is currently enjoying a surge in popularity. Recently, I have argued that the standard version of the view is no different from a rival view: the pure powers position. I have also argued that the canonical version of the powerful qualities view faces the same problem as the pure powers view: the dreaded regress objection. Joaquim Giannotti disagrees. First, Giannotti thinks that the standard version of the powerful qualities view can be differentiated from the (...) pure powers view. Second, Giannotti argues that the powerful qualities view is not susceptible to the regress objection. Third, he argues that there is another reasonable version of the powerful qualities view available, which makes use of the notion of ‘aspects’. In this note, I respond to Giannotti. I argue that all three of Giannotti’s arguments are unsuccessful. (shrink)