As the World Anti-Doping Code is up for revision, the paper proposes a framework for reading the Code based on a relatively literal approach and an almost exclusive focus on the ?spirit of sport? as a key element of the Code. The author argues that this single element can contribute to revealing the underlying rationale of the Code, as it serves to justify bans of doping substances and methods, in some cases without recurring to evidence sustaining the claims made. For (...) a substance/method to be banned, the Code requires that two out of three criteria be met: performance enhancement, health risk and the spirit of sport. The paper demonstrates how these provisions link to other parts of the Code, (under the rules of the Code 2009) in the absence of performance-enhancing properties combined with a health risk. The paper draws implications from these findings regarding terminological (im)precision, legal certainty/predictability, transparency/accountability, limits to arbitrary exercise of power and internal/external validity. (shrink)

The legacy of the massacre which intervened during the XX Olympic Summer Games in Munich (26 August to 11 September 1972) is a heavy burden for Munich, Bavaria and Germany and one which continues b...

Volume 13, Issue 2, May 2019, Page 259-265.

Could it be that the Trump presidency is symptomatic of something profoundly true and constitutive as regards not only the politics but also the business and sport models of the USA? Could it be th...

Zusammenfassung Der Aufsatz untersucht die „Horizontalität“ bzw. „Vertikalität“ des Themas „Sport“ im EG/eu-prozess der letzten dreißig Jahre. Die Unterscheidung Horizontalität/vertikalität bezieht sich hierbei auf interne Strukturen der Union und nicht auf das Verhältnis Union/mitgliedstaaten. Anhand genereller Entwicklungslinien wird gefragt, ob Sport ein horizontales Thema darstellt, das in andere Themenfelder eingreift, oder aber ein eigenständiges, vertikales Thema ist. Der Beitrag kommt zu dem Schluss, dass die Realität nach wie vor eine Mischung aus Horizontalität und Vertikalität ist, dass aber das Prinzip der (...) Vertikalität verstärkt wurde. Es wird auch klar, dass die Rechtsprechung als Motor der Entwicklung eine herausragende Rolle spielte. (shrink)

While sports governing bodies are, in many countries, increasingly concerned with defining, delineating and defending commercial rights derived from the effective control of sports...

From his adoptive academic home in East Timor, the Australian lawyer-philosopher-cyclist Martin Hardie has delivered a riveting assessment of the anti-doping fight as applied to cycling. To anyone...

Measuring the effectiveness of medical interventions faces three epistemological challenges: the choice of good measuring instruments, the use of appropriate analytic measures, and the use of a reliable method of extrapolating measures from an experimental context to a more general context. In practice each of these challenges contributes to overestimating the effectiveness of medical interventions. These challenges suggest the need for corrective normative principles. The instruments employed in clinical research should measure patient-relevant and disease-specific parameters, and should not be sensitive (...) to parameters that are only indirectly relevant. Effectiveness always should be measured and reported in absolute terms (using measures such as 'absolute risk reduction'), and only sometimes should effectiveness also be measured and reported in relative terms (using measures such as 'relative risk reduction')-employment of relative measures promotes an informal fallacy akin to the base-rate fallacy, which can be exploited to exaggerate claims of effectiveness. Finally, extrapolating from research settings to clinical settings should more rigorously take into account possible ways in which the intervention in question can fail to be effective in a target population. (shrink)

Robustness arguments hold that hypotheses are more likely to be true when they are confirmed by diverse kinds of evidence. Robustness arguments require the confirming evidence to be independent. We identify two kinds of independence appealed to in robustness arguments: ontic independence —when the multiple lines of evidence depend on different materials, assumptions, or theories—and probabilistic independence. Many assume that OI is sufficient for a robustness argument to be warranted. However, we argue that, as typically construed, OI is not a (...) sufficient independence condition for warranting robustness arguments. We show that OI evidence can collectively confirm a hypothesis to a lower degree than individual lines of evidence, contrary to the standard assumption undergirding usual robustness arguments. We employ Bayesian networks to represent the ideal empirical scenario for a robustness argument and a variety of ways in which empirical scenarios can fall short of this ideal. (shrink)

Evidence hierarchies are widely used to assess evidence in systematic reviews of medical studies. I give several arguments against the use of evidence hierarchies. The problems with evidence hierarchies are numerous, and include methodological shortcomings, philosophical problems, and formal constraints. I argue that medical science should not employ evidence hierarchies, including even the latest and most-sophisticated of such hierarchies.

The value-free ideal for science holds that values should not influence the core features of scientific reasoning. We defend the difference-to-inference model of value-permeation, which holds that value-permeation in science is problematic when values make a difference to the inferences made about a hypothesis. This view of value-permeation is superior to existing views, and it suggests a corresponding maxim—namely, that scientists should strive to eliminate differences to inference. This maxim is the basis of a novel value-free ideal for science. -/- (...) . (shrink)

A platitude that took hold with Kuhn is that there can be several equally good ways of balancing theoretical virtues for theory choice. Okasha recently modelled theory choice using technical apparatus from the domain of social choice: famously, Arrow showed that no method of social choice can jointly satisfy four desiderata, and each of the desiderata in social choice has an analogue in theory choice. Okasha suggested that one can avoid the Arrow analogue for theory choice by employing a strategy (...) used by Sen in social choice, namely, to enhance the information made available to the choice algorithms. I argue here that, despite Okasha’s claims to the contrary, the information-enhancing strategy is not compelling in the domain of theory choice. (shrink)

The Meno, one of the most widely read of the Platonic dialogues, is seen afresh in this original interpretation that explores the dialogue as a theatrical presentation. Just as Socrates's listeners would have questioned and examined their own thinking in response to the presentation, so, Klein shows, should modern readers become involved in the drama of the dialogue. Klein offers a line-by-line commentary on the text of the Meno itself that animates the characters and conversation and carefully probes each significant (...) turn of the argument. "A major addition to the literature on the Meno and necessary reading for every student of the dialogue."--Alexander Seasonske, Philosophical Review "There exists no other commentary on Meno which is so thorough, sound, and enlightening."-- Choice Jacob Klein was a student of Martin Heidegger and a tutor at St. John's College from 1937 until his death. His other works include Plato's Trilogy: Theaetetus, the Sophist, and the Statesman, also published by the University of Chicago Press. (shrink)

Medicalisation is a social phenomenon in which conditions that were once under legal, religious, personal or other jurisdictions are brought into the domain of medical authority. Low sexual desire in females has been medicalised, pathologised as a disease, and intervened upon with a range of pharmaceuticals. There are two polarised positions on the medicalisation of low female sexual desire: I call these the mainstream view and the critical view. I assess the central arguments for both positions. Dividing the two positions (...) are opposing models of the aetiology of low female sexual desire. I conclude by suggesting that the balance of arguments supports a modest defence of the critical view regarding the medicalisation of low female sexual desire. (shrink)

Harms of medical interventions are systematically underestimated in clinical research. Numerous factors—conceptual, methodological, and social—contribute to this underestimation. I articulate the depth of such underestimation by describing these factors at the various stages of clinical research. Before any evidence is gathered, the ways harms are operationalized in clinical research contributes to their underestimation. Medical interventions are first tested in phase 1 ‘first in human’ trials, but evidence from these trials is rarely published, despite the fact that such trials provide the (...) foundation for assessing the harm profile of medical interventions. If a medical intervention is deemed safe in a phase 1 trial, it is tested in larger phase 2 and 3 clinical trials. One way to think about the problem of underestimating harms is in terms of the statistical ‘power’ of a clinical trial—the ability of a trial to detect a difference of a certain effect size between the experimental group and the control group. Power is normally thought to be pertinent to detecting benefits of medical interventions. It is important, though, to distinguish between the ability of a trial to detect benefits and the ability of a trial to detect harms. I refer to the former as power-B and the latter as power-H. I identify several factors that maximize power-B by sacrificing powerH in phase 3 clinical trials. If a medical intervention is approved for general use, it is evaluated by phase 4 post-market surveillance. Phase 4 surveillance of harms further contributes to underestimating the harm profile of medical interventions. At every stage of clinical research the hunt for harms is shrouded in secrecy, which further contributes to the underestimation of the harm profiles of medical interventions. (shrink)

The phenomenon of disagreement has recently been brought into focus by the debate between contextualists and relativist invariantists about epistemic expressions such as ‘might’, ‘probably’, indicative conditionals, and the deontic ‘ought’. Against the orthodox contextualist view, it has been argued that an invariantist account can better explain apparent disagreements across contexts by appeal to the incompatibility of the propositions expressed in those contexts. This paper introduces an important and underappreciated phenomenon associated with epistemic expressions — a phenomenon that we call (...) reversibility. We argue that the invariantist account of disagreement is incompatible with reversibility, and we go on to show that reversible sentences cast doubt on the putative data about disagreement, even without assuming invariantism. Our argument therefore undermines much of the motivation for invariantism, and provides a new source for constraints on the proper explanation of purported data about disagreement. (shrink)

Panpsychism is a solution to the mind-body problem that presumes that consciousness is a fundamental aspect of reality instead of a product or consequence of physical processes (i.e., brain activity). Panpsychism is an elegant solution to the mind-body problem: it effectively rids itself of the explanatory gap materialist theories of consciousness suffer from. However, many theorists and experimentalists doubt panpsychism can ever be successful as a scientific theory, as it cannot be empirically verified or falsified. In this paper, I present (...) a panpsychist model based on the controversial idea that consciousness may be a so called higher physical dimension. Although this notion seems outrageous, I show that the idea has surprising explanatory power, even though the model (as most models) is most likely wrong. Most importantly, though, it results in a panpsychist model that yields predictions that can be empirically verified or falsified. As such, the model's main purpose is to serve as an example how a metaphysical model of consciousness can be specified in such a way that they can be tested in a scientifically rigorous way. (shrink)

One of the perennial challenges of ethical theory has been to provide an answer to a number of views that appear to undermine the importance of ethical questions. We may refer to such views collectively as “deflationary ethical theories.” These include theories, such as nihilism, according to which no action is better than any other, as well as relativistic theories according to which no ethical theory is better than any other. In this article I present a new response to such (...) deflationary ethical views. Drawing a distinction between acceptance and rejection, on the one hand, and belief and disbelief, on the other, I argue that we have strong reason to reject these theories, even if we do not have reason to disbelieve them. In Section I, I clarify the question of what ethical theory we should accept, and I argue for the central importance of this question. In Section II, I discuss what I call “absolutely deflationary” ethical theories. These are theories according to which it matters not at all what we do or not at all what ethical theory we accept. I argue that it is generally rational to reject any theory of this kind. In Section III, I discuss what I call “relatively deflationary” ethical theories. These are theories according to which it matters little what we do or what ethical theory we accept. I argue that we have strong pro tanto reason to reject theories of this kind. And then, in Sections IV and V, I reply to some common objections to my arguments. Throughout, I will be arguing not that deflationary ethical theories are false but only that we should reject them from the practical point of view as a basis for guiding our actions. (shrink)

Consensus conferences are social techniques which involve bringing together a group of scientific experts, and sometimes also non-experts, in order to increase the public role in science and related policy, to amalgamate diverse and often contradictory evidence for a hypothesis of interest, and to achieve scientific consensus or at least the appearance of consensus among scientists. For consensus conferences that set out to amalgamate evidence, I propose three desiderata: Inclusivity, Constraint, and Evidential Complexity. Two examples suggest that consensus conferences can (...) readily satisfy Inclusivity and Evidential Complexity, but consensus conferences do not as easily satisfy Constraint. I end by discussing the relation between social inclusivity and the three desiderata. (shrink)

The animal agriculture industry causes animals a tremendous amount of pain and suffering. Many ethical vegans argue that we therefore have an obligation to abstain from animal products in order to reduce this suffering. But this argument faces a challenge: thanks to the size and structure of the animal agriculture industry, any individual’s dietary choices are overwhelmingly unlikely to make a difference. In this paper, we criticize common replies to this challenge and develop an alternative argument for ethical veganism. Specifically, (...) we argue that individuals should abstain from animal products because vegans, as a group, successfully reduce animal suffering, and individuals are obligated to participate in, rather than free ride on, this collective endeavor. Or, at the very least, individuals have strong reasons to purchase fewer inhumanely raised animal products—even if they are not obligated to go vegan per se. (shrink)

Drug regulation is fraught with inductive risk. Regulators must make a prediction about whether or not an experimental pharmaceutical will be effective and relatively safe when used by typical patients, and such predictions are based on a complex, indeterminate, and incomplete evidential basis. Such inductive risk has important practical consequences. If regulators reject an experimental drug when it in fact has a favourable benefit/harm profile, then a valuable intervention is denied to the public and a company’s material interests are needlessly (...) thwarted. Conversely, if regulators approve an experimental drug when it in fact has an unfavourable benefit/harm profile, then resources are wasted, people are needlessly harmed, and other potentially more effective treatments are underutilized. Given that such regulatory decisions have these practical consequences, non-epistemic values about the relative importance of these consequences impact the way such regulatory decisions are made (similar to the analysis of laboratory studies on the toxic effects of dioxins presented in Douglas [2000]). To balance the competing demands of the pertinent non-epistemic values, regulators must perform what I call an “inductive risk calculus.” At least in the American context this inductive risk calculus is not well-managed. (shrink)

If scientists violate principles and practices of routine science to quickly develop interventions against catastrophic threats, they are engaged in what I call fast science. The magnitude, imminence, and plausibility of a threat justify engaging in and acting on fast science. Yet, that justification is incomplete. I defend two principles to assess fast science, which say: fast science should satisfy as much as possible the reliability-enhancing features of routine science, and the fast science developing an intervention against a threat should (...) not depend on the same problematic assumptions as the fast science which estimates the magnitude, imminence, and plausibility of the threat. (shrink)

I defend a novel account of scientific progress centred around justification. Science progresses, on this account, where there is a change in justification. I consider three options for explicating this notion of change in justification. This account of scientific progress dispels with a condition for scientific progress that requires accumulation of truth or truthlikeness, and it emphasises the social nature of scientific justification.

Medical scientists employ ‘quality assessment tools’ (QATs) to measure the quality of evidence from clinical studies, especially randomized controlled trials (RCTs). These tools are designed to take into account various methodological details of clinical studies, including randomization, blinding, and other features of studies deemed relevant to minimizing bias and error. There are now dozens available. The various QATs on offer differ widely from each other, and second-order empirical studies show that QATs have low inter-rater reliability and low inter-tool reliability. This (...) is an instance of a more general problem I call the underdetermination of evidential significance. Disagreements about the strength of a particular piece of evidence can be due to different—but in principle equally good—weightings of the fine-grained methodological features which constitute QATs. (shrink)

This article argues that Epictetus employs the terms orexis and hormê in the same manner as the older Stoics. It then shows, on the basis of this claim, that the older Stoics recognized a distinction between dispositional and occurrent forms of motivation. On this account of Stoic theory, intentional action is in each instance the product of two forms of cognition: a value ascription that attributes goodness or badness to some object, conceiving of its possession as beneficial or harmful to (...) the agent, together with a situational judgment about appropriate action. The resulting interpretation suggests that the Stoic theory of motivation as a whole — and not merely the Stoic analysis of the pathê — has the basic shape of a practical syllogism, with more psychological depth than commentators have recognized. (shrink)

The purpose of this chapter is to describe what we see as several important new directions for philosophy of medicine. This recent work (i) takes existing discussions in important and promising new directions, (ii) identifies areas that have not received sufficient and deserved attention to date, and/or (iii) brings together philosophy of medicine with other areas of philosophy (including bioethics, philosophy of psychiatry, and social epistemology). To this end, the next part focuses on what we call the “epistemological turn” in (...) recent work in the philosophy of medicine; the third part addresses new developments in medical research that raise interesting questions for philosophy of medicine; the fourth part is a discussion of philosophical issues within the practice of diagnosis; the fifth part focuses on the recent developments in psychiatric classification and scientific and ethical issues therein, and the final part focuses on the objectivity of medical research. (shrink)

Ideal theorists aim to describe the ideally just society. Problem solvers aim to identify concrete changes to actual societies that would make them more just. The relation between these two sorts of theorizing is highly contested. According to the benchmark view, ideal theory is prior to problem solving because a conception of the ideally just society serves as an indispensable benchmark for evaluating societies in terms of how far they deviate from it. In this paper, I clarify the benchmark view, (...) argue that existing criticisms of it are unsuccessful, and develop a novel redundancy objection to the benchmark view and the claim of priority it allegedly entails. I then consider the extent to which ideal theory might facilitate problem solving without being prior to it and argue that it can only play a modest role in this regard. The upshot is that ideal theory is neither required for nor especially relevant to problem solving—but it is not completely irrelevant either. It facilitates problem solving to some limited degree, but no more, say, than theorizing about dystopia. (shrink)

Reasons transmit. If one has a reason to attain an end, then one has a reason to effect means for that end: reasons are transmitted from end to means. I argue that the likelihood ratio (LR) is a compelling measure of reason transmission from ends to means. The LR measure is superior to other measures, can be used to construct a condition specifying precisely when reasons transmit, and satisfies intuitions regarding end-means reason transmission in a broad array of cases.

Substituted judgment has increasingly become the accepted standard for rendering decisions for incapacitated adults in the USA. A broad exception exists with regard to patients with diminished capacity secondary to depressive disorders, as such patients’ previous wishes are generally not honoured when seeking to turn down life-preserving care or pursue aid-in-dying. The result is that physicians often force involuntary treatment on patients with poor medical prognoses and/or low quality of life as a result of their depressive symptoms when similarly situated (...) incapacitated patients without such depressive symptoms would have their previous wishes honoured via substituted judgment. This commentary argues for reconsidering this approach and for using a substituted judgment standard for a subset of EMP/LQL patients seeking death. (shrink)

The public discourse surrounding sex and severe disability over the past 40 years has largely focused on protecting vulnerable populations from abuse. However, health professionals and activists are increasingly recognising the inherent sexuality of disabled persons and attempting to find ways to accommodate their intimacy needs. This essay explores several ethical issues arising from such efforts.

Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. -/- Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist position—or omits probative evidence. (...) Situationism is, after all, presented as antithetical to virtue ethics. -/- This essay provides a virtue ethical defense of character evidence exclusion rules. We show that existing virtue ethical rebuttals to situationism themselves support prohibitions on character evidence; even if behavior arises from stable character traits, character evidence should be prohibited. In building our case, we provide a taxonomy of kinds of character judgment and reconcile the ubiquity and reasonableness of character judgments in ordinary life with the epistemic legitimacy of character evidence prohibitions in law. (shrink)

A proposal for an objective interpretation of probability is introduced and discussed: probabilities as deriving from ranges in suitably structured initial-state spaces. Roughly, the probability of an event on a chance trial is the proportion of initial states that lead to the event in question within the space of all possible initial states associated with this type of experiment, provided that the proportion is approximately the same in any not too small subregion of the space. This I would like to (...) call the “natural-range conception” of probability. Providing a substantial alternative to frequency or propensity accounts of probability in a deterministic setting, it is closely related to the so-called “method of arbitrary functions”. It is explicated, confronted with certain problems, and some ideas how these might be overcome are sketched and discussed. (shrink)

This study investigates factors impacting perceptions of ethical conduct of peers of 293 students in four US universities. Self-reported ethical behavior and recognition of emotions in others (a dimension of emotional intelligence) impacted perception of ethical behavior of peers. None of the other dimensions of emotional intelligence were significant. Age, Race, Sex, GPA, or type of major (business versus nonbusiness) did not impact perception of ethical behavior of peers. Implications of the results of the study for business schools and industry (...) professionals are discussed. (shrink)

This paper reports on the results of an experiment conducted with experienced corporate directors. The study findings indicate that directors employ prospective rationality cognition, and they sometimes make decisions that emphasize legal defensibility at the expense of personal ethics and social responsibility. Directors recognize the ethical and social implications of their decisions, but they believe that current corporate law requires them to pursue legal courses of action that maximize shareholder value. The results suggest that additional ethics education will have little (...) influence on the decisions of many business leaders because their decisions are driven by corporate law, rather than personal ethics. (shrink)

A consequence relation \ is monotonic iff for premise sets \ and conclusion \, if \, \, then \; and non-monotonic if this fails in some instance. More plainly, a consequence relation is monotonic when whatever is entailed by a premise set remains entailed by any of its supersets. From the High Middle Ages through the Early Modern period, consequence in theology is assumed to be monotonic. Concomitantly, to the degree the argument formulated by Anselm at Proslogion 2–4 is taken (...) up by later commentators, it is accepted or rejected in accordance with a monotonic notion of consequence. Examining Anselm’s use of parallelism in the Proslogion, I show Anselm embeds his famous argument in Proslogion 2–4 in a non-monotonic context. The results here presented challenge some deeply ingrained ideas governing the historiography of the long twelfth century, particularly concerning how the theology of the later eleventh through the twelfth century relates to the scholasticism of the thirteenth. (shrink)

The chemical characterization of the substance responsible for the phenomenon of “transformation” of pneumococci was presented in the now famous 1944 paper by Avery, MacLeod, and McCarty. Reception of this work was mixed. Although interpreting their results as evidence that deoxyribonucleic acid (DNA) is the molecule responsible for genetic changes was, at the time, controversial, this paper has been retrospectively celebrated as providing such evidence. The mixed and changing assessment of the evidence presented in the paper was due to the (...) work’s interpretive flexibility – the evidence was interpreted in various ways, and such interpretations were justified given the neophytic state of molecular biology and methodological limitations of Avery’s transformation studies. I argue that the changing context in which the evidence presented by Avery’s group was interpreted partly explains the vicissitudes of the assessments of the evidence. Two less compelling explanations of the reception are a myth-making account and an appeal to the wartime historical context of its publication. (shrink)

One of the great Jewish intellectuals of the twentieth century, Taubes published only this one book during his life, and here the English translation finally becomes available.

This paper reports laboratory data for games that are played only once. These games span the standard categories: static and dynamic games with complete and incomplete information. For each game, the treasure is a treatment in which behavior conforms nicely to predictions of the Nash equilibrium or relevant refinement. In each case, however, a change in the payoff structure produces a large inconsistency between theoretical predictions and observed behavior. These contradictions are generally consistent with simple intuition based on the interaction (...) of payoff asymmetries and noisy introspection about others’ decisions. (shrink)

Physicians expressing opinions on medical matters that run contrary to the consensus of experts pose a challenge to licensing bodies and regulatory authorities. While the right to express contrarian views feeds a robust marketplace of ideas that is essential for scientific progress, physicians advocating ineffective or dangerous cures, or actively opposing public health measures, pose a grave threat to societal welfare. Increasingly, a distinction has been made between professional speech that occurs during the physician-patient encounter and public speech that transpires (...) beyond the clinical setting, with physicians being afforded wide latitude to voice empirically false claims outside the context of patient care. This paper argues that such a bifurcated model does not sufficiently address the challenges of an age when mass communications and social media allow dissenting physicians to offer misleading medical advice to the general public on a mass scale. Instead, a three-tiered model that distinguishes between citizen speech, physician speech and clinical speech would best serve authorities when regulating physician expression. (shrink)

Priority for solid organ transplant generally does not consider the underlying cause of the need for transplantation. This paper argues that a distinctive set of factors justify assigning lower priority to willfully unvaccinated individuals who require transplant as a result of suffering from COVID‐19. These factors include the personal responsibility of the patients for their own condition and the public outrage likely to ensue if willfully unvaccinated patients receive organs at the expense of vaccinated ones. The paper then proposes a (...) three‐prong test for similar deviations from the current allocation standard that incorporates patient responsibility, foreseeability and avoidability, and the frequency of the occurrence. (shrink)

The integrity of the patient–physician relationship depends on maintaining professional boundaries. While ethicists and professional organisations have devoted significant consideration to the subject of sexual boundary transgressions, the subject of non-sexual boundaries, especially outside the mental health setting, has been largely neglected. While professional organisations may offer guidance on specific subjects, such as accepting gifts or treating relatives, as well as general guidance on transparency and conflict of interest, what is missing is a principle-based method that providers can use to (...) assess non-sexual interactions with patients that transcend norms of practice. This paper attempts to offer an operational model for such assessment that considers not only the traditional emphasis on beneficence, but also incorporates concerns over entanglement and concordance. (shrink)