Governments regularly rely on citizens’ cooperation in exercising their authority, including the enforcement of rules. This is not only common, but also a necessary practice in a legal system. Technology makes such reliance easier, facilitating increased enforcement of law at little cost. Emergency provides an added legitimizing logic, encouraging citizens’ cooperation and leading them to uncritically follow the government’s lead to reduce the risk to the nation and to themselves. This article considers governments’ crowdsourcing citizens to monitor and surveil other (...) citizens. One central concern this practice raises is that it allows governments to circumvent the limits of their legitimate authority and to augment their power while also obscuring the actor responsible for the surveillance and enforcement action. Consequently, accountability and public oversight over the government are diminished. Where does conventional enlisting of cooperation from law-abiding citizens end, and crowdsourcing totalitarian mass mobilization of citizens against fellow citizens begin? The article’s principal claim is that a bright line should be drawn where governments’ crowdsourcing of information from citizens serves as a means to circumvent democratic checks on their power to collect information, while also disguising the actor responsible for the surveillance. Such practice severely erodes social trust between citizens, jeopardizing their ability to organize and collaborate as engaged citizens and thus serve as a check on government. It further grants excessive power to some citizens over others, endangering the latter’s freedom, especially where the information gathered is used to symbolically or actually exclude certain individuals from the political community. (shrink)

Labor migration is often regulated internationally through bilateral treaties signed between states, determining the conditions under which migrants from one state may travel to the other state and reside there in order to work. These instruments are sometimes designated as memoranda of understanding and regarded as nonbinding agreements. Many remain unpublished and undisclosed. This Article assesses these design choices critically. It considers the interaction between bilateralism, obscurity and nonbindingness. It evaluates and rejects possible justifications for obscurity and nonbindingness. Finally, it (...) argues that these design choices should be resisted. Since bilateral labor agreements do not regulate strictly the bilateral relationship between two states, but rather create rights and obligations for various third-party individuals, they should be required to meet a rule of law requirement of transparency. (shrink)

This Article examines the authority of states to settle individual private property claims in post–conflict negotiations towards settlement. We analyze this question by exploring the limits of states’ authority to take or limit private property rights for the public good. We argue that this authority rests on two cumulative justifications: the inclusion of the property owners among the public that stands to benefit from the public good, and their representation by the government that decides on the taking of the property. (...) In post–conflict settlement, the negotiating states may redistribute both private property and the public good between and within their respective communities. Their authority to redistribute continues to rests on the same justifications of inclusion and representation. Hence, their authority extends only to the redistribution of property of owners who are members of the respective communities that negotiate the agreement, and who are represented by a negotiating government. (shrink)

On one standard reading, Plato's works contain at least two distinct views about the structure of the human soul. According to the first, there is a crucial unity to human psychology: there is a dominant faculty that is capable of controlling attention and behaviour in a way that not only produces right action, but also ‘silences’ inclinations to the contrary—at least in idealized circumstances. According to the second, the human soul contains multiple autonomous parts, and although one of them, reason, (...) normatively dominates the others, it may fail to do so descriptively: even in the face of full, explicit, well‐reasoned, conscious awareness of the truth of a claim, a person may continue to feel residual inclinations towards disavowed, inappropriate and misguided experiences and courses of action. In this paper, I will argue that even the second of these views does not fully capture the ways in which reflective commitment fails to guide human action. Whereas the traditional multi‐part soul view is well suited to explaining phenomena that involve a cognitive conflict between our reflective attitudes and our non‐reflective endorsements, it falls short when we turn to the full array of human patterns of response, because it neglects a further source of challenge to reason's rule, namely, the mediation of associative and heuristic processes. These processes introduce complications for which the simple faculty psychology view cannot adequately account. Because they produce challenges to reason's rule that are phenomenologically invisible, traditional strategies for self‐regulation cannot be straightforwardly applied to their management. (shrink)

In this paper I try to undermine complacency with a predominant conception of desire, for the sake of refocusing attention on a philosophical problem. The predominant conception holds that to have a desire is to occupy an evaluative outlook, a perspective from which the agent 'sees' the world in practically salient terms. I argue that it is not clear what this theory is a theory of, because the concept of desire at its center is deeply ambiguous. Understood as a theory (...) of desire in what I call the "placeholder" sense, the evaluative outlook theory is at bottom a theory of action explanation. So construed, its claim is relatively uncontroversial, and falls far short of being a full theory of action explanation. Understood as a theory of desire in what I call the "substantive" sense, it does not even go so far as to acknowledge the central problem such a theory has to answer. That problem is how we can be passive (in a particular sense) with respect to our own motivation. (shrink)

Say that space is ‘gunky’ if every part of space has a proper part. Traditional theories of gunk, dating back to the work of Whitehead in the early part of last century, modeled space in the Boolean algebra of regular closed subsets of Euclidean space. More recently a complaint was brought against that tradition in Arntzenius and Russell : Lebesgue measure is not even finitely additive over the algebra, and there is no countably additive measure on the algebra. Arntzenius advocated (...) modeling gunk in measure algebras instead—in particular, in the algebra of Borel subsets of Euclidean space, modulo sets of Lebesgue measure zero. But while this algebra carries a natural, countably additive measure, it has some unattractive topological features. In this paper, we show how to construct a model of gunk that has both nice rudimentary measure-theoretic and topological properties. We then show that in modeling gunk in this way we can distinguish between finite dimensions, and that nothing in lost in terms of our ability to identify points as locations in space. (shrink)

Feeling like doing something is not the same as deciding to do it. When you feel like doing something, you are still free to decide to do it or not. You are having an inclination to do it, but you are not thereby determined to do it. I call this the moment of drama. This book is about what you are faced with, in this moment. How should you relate to the inclinations you “have,” given that you are free to (...) “act on” them or not? To answer this question, we need an account of what sort of thing we are relating to, in this moment. But here we find a genuine philosophical problem. Our inclinations are forms of motivation, with respect to which we are distinctively passive. To be motivated is to be self-moved. But how can we be passive in relation to our own self-movement? Is our relation to our inclinations like that of rider to horse? Or is it like our relation to our own, spontaneous judgments or perceptions? I lay out three constraints on any theory of inclination, and I argue that familiar theories fail to meet them, because they make being inclined to φ‎ too similar or dissimilar to φ‎-ing. I then put forward the “inner animal” view, which holds that when you are merely inclined to act, the instinctive part of yourself is already active, while the rest of you is not. In this moment, your will is “at a crossroads.” You can humanize your inclination, or dehumanize yourself. (shrink)

The problem of imaginative resistance holds interest for aestheticians, literary theorists, ethicists, philosophers of mind, and epistemologists. We present a somewhat opinionated overview of the philosophical discussion to date. We begin by introducing the phenomenon of imaginative resistance. We then review existing responses to the problem, giving special attention to recent research directions. Finally, we consider the philosophical significance that imaginative resistance has—or, at least, is alleged to have—for issues in moral psychology, theories of cognitive architecture, and modal epistemology.

Self-tracking devices point to a future in which individuals will be more involved in the management of their health and will generate data that will benefit clinical decision making and research. They have thus attracted enthusiasm from medical and public health professionals as key players in the move toward participatory and personalized healthcare. Critics, however, have begun to articulate a number of broader societal and ethical concerns regarding self-tracking, foregrounding their disciplining, and disempowering effects. This paper has two aims: first, (...) to analyze some of the key promises and concerns that inform this polarized debate. I argue that far from being solely about health outcomes, this debate is very much about fundamental values that are at stake in the move toward personalized healthcare, namely, the values of autonomy, solidarity, and authenticity. The second aim is to provide a framework within which an alternative approach to self-tracking for health can be developed. I suggest that a practice-based approach, which studies how values are enacted in specific practices, can open the way for a new set of theoretical questions. In the last part of the paper, I sketch out how this can work by describing various enactments of autonomy, solidarity, and authenticity among self-trackers in the Quantified Self community. These examples show that shifting attention to practices can render visible alternative and sometimes unexpected enactments of values. Insofar as these may challenge both the promises and concerns in the debate on self-tracking for health, they can lay the groundwork for new conceptual interventions in future research. (shrink)

The datafication and digitalization of health and medicine has engendered a proliferation of new collaborations between public health institutions and data corporations like Google, Apple, Microsoft and Amazon. Critical perspectives on these new partnerships tend to frame them as an instance of market transgressions by tech giants into the sphere of health and medicine, in line with a “hostile worlds” doctrine that upholds that the borders between market and non-market spheres should be carefully policed. This article seeks to outline the (...) limitations of this common framing for critically understanding the phenomenon of the Googlization of health. In particular, the mobilization of a diversity of non-market value statements in the justification work carried out by actors involved in the Googlization of health indicates the co-presence of additional worlds or spheres in this context, which are not captured by the market vs. non-market dichotomy. It then advances an alternative framework, based on a multiple-sphere ontology that draws on Boltanski and Thevenot’s orders of worth and Michael Walzer’s theory of justice, which I call a normative pragmatics of justice. This framework addresses both the normative deficit in Boltanski and Thevenot’s work and provides an important emphasis on the empirical workings of justice. Finally, I discuss why this framework is better equipped to identify and to address the many risks raised by the Googlization of health and possibly other dimensions of the digitalization and datafication of society. (shrink)

The conduct of hostilities is very bad for the environment, yet relatively little attention has been focused on environmental military ethics by just war theorists and revisionist philosophers of war. Contemporary ecological concerns pose significant challenges to jus in bello. I begin by briefly surveying existing literature on environmental justice during wartime. While these jus in bello environmental issues have been addressed only sparsely by just war theorists, environmental jus ad bellum has rarely been tackled within JWT or the morality (...) of war. In line with the theme of this special issue, I focus my discussion of war and the natural environment primarily on the jus ad bellum level. I set out with the presumption against the use of force, and its possible exceptions. The principal question raised is whether environmental harm can trigger a new justification for war. Beyond just cause, I consider what might be a proportionate response to “environmental aggression,” or negligent harm to nature. The use of force is clearly justified in response to military attacks, against the natural environment or otherwise. Where harm to nature or its inhabitants are not caused by military aggression, just war theory criteria point in favor of responding via measures short of war. Finally, I suggest that responding by means that are not themselves harmful to nature serves to fulfill the further jus ad bellum criterion of “right intention.”. (shrink)

In this entry we give an overview of the search for the neural correlates of consciousness (NCCs). We begin with a discussion of the conceptual complexities of defining the notion of an NCC. We then discuss some of the experimental approaches used to empirically investigate the NCCs. We then consider some competing views of NCCs. Finally, we consider how the competing views of NCCs bear on different theories of consciousness. We focus on the methodological and theoretical challenges facing this line (...) of research. (shrink)

In “Proposed Principles for International Bioethics Conferencing: Anti-Discriminatory, Global, and Inclusive” the authors offer a framework for assessing the ethics of international bioethics confe...

There is a puzzle in the very notion of passive motivation ("passion" or "inclination"). To be motivated is not simply to be moved from the outside. Motivation is in some sense self-movement. But how can an agent be passive with respect to her own motivation? How is passive motivation possible? In this paper I defend the ancient view that inclination stems from a motivational source independent of reason, a motivational source that is both agential and nonrational.

The trilingual author Mikhah Yosef Berdichevsky is widely known as a literary modernist and a rebel against Jewish socio-religious conventions. Yet he also developed an original dialectical way of thinking about Jewish tradition. Berdichevsky’s theory of tradition is partly elaborated in his undeservedly obscure Yiddish stories. In order to reconstruct this theory, we undertake a typology and thematic analysis of their signature literary trope: the unrealized wedding.

Since the outbreak of COVID-19, governments have turned their attention to digital contact tracing. In many countries, public debate has focused on the risks this technology poses to privacy, with advocates and experts sounding alarm bells about surveillance and mission creep reminiscent of the post 9/11 era. Yet, when Apple and Google launched their contact tracing API in April 2020, some of the world’s leading privacy experts applauded this initiative for its privacy-preserving technical specifications. In an interesting twist, the tech (...) giants came to be portrayed as greater champions of privacy than some democratic governments. This article proposes to view the Apple/Google API in terms of a broader phenomenon whereby tech corporations are encroaching into ever new spheres of social life. From this perspective, the advantage these actors have accrued in the sphere of the production of digital goods provides them with access to the spheres of health and medicine, and more worrisome, to the sphere of politics. These sphere transgressions raise numerous risks that are not captured by the focus on privacy harms. Namely, a crowding out of essential spherical expertise, new dependencies on corporate actors for the delivery of essential, public goods, the shaping of public policy by non-representative, private actors and ultimately, the accumulation of decision-making power across multiple spheres. While privacy is certainly an important value, its centrality in the debate on digital contact tracing may blind us to these broader societal harms and unwittingly pave the way for ever more sphere transgressions. (shrink)

Both concepts of the holobiont and the immune system are at the heart of an ongoing scientific and philosophical examination concerning questions of the organism’s individuality and identity as well as the relations between organisms and their environment. Examining the holobiont, the question of boundaries and individuality is challenging because it is both an assemblage of organisms with physiological cohesive aspects. I discuss the concept of immunity and the immune system function from the holobiont perspective. Because of the host-microbial close (...) relations of codependence and interdependence, the holobiont is more often than not confused with the host, as the host is the domain in which this entity exists. I discuss the holobiont unique ecological characteristics of microbial assemblages connected to a host in a network of interactions in which the host is one of the organisms in the community but also its landscape. Therefore, I suggest viewing the holobiont as a host-ecosystem and discuss the implication of such a view on the concept of immunity and the meaning of protection. Furthermore, I show that viewing the holobiont as a host ecosystem opens the possibility of using the same ecological definition of boundaries and immunity dealing with an ecological system. Thus, the holobiont’s boundaries and immunity are defined by the persistence of its complex system of interactions integrating existing and new interactions. This way of thinking presents a notion of immunity that materializes as the result of the complex interdependence relations between the different organisms composing the holobiont similar to that of an ecosystem. Taking this view further, I discuss the notion of immunogenicity that is ontologically heterogeneous with various causal explanations of the processes of tolerance and targeted immune response. Finally, I discuss the possible conceptualization of already existing and new biomedical practices. (shrink)

Use of normothermic regional perfusion (NRP) for organ recovery in donation after circulatory death (DCD) raises two crucial, and intertwined, ethical questions. The first is whether the use of NRP...

The Human Animal is an extended defense of what its author calls the Biological Approach to personal identity: that you and I are human animals, and that the identity conditions under which we endure are those which apply to us as biological organisms. The somewhat surprising corollary of this view is that no sort of psychological continuity is either necessary or sufficient for a human animal—and thus for us—to persist through time. In challenging the hegemony of Psychological Approaches to personal (...) identity, Olson offers a number of inventive and original arguments which are certain to evoke discussion and debate. (shrink)

This book offers a novel analysis of the widely-used but ill-understood technique of thought experiment. The author argues that the powers and limits of this methodology can be traced to the fact that when the contemplation of an imaginary scenario brings us to new knowledge, it does so by forcing us to make sense of exceptional cases.

"Expanding the Palace of Torah" offers a broad philosophical overview of the challenges the women's revolution poses to Orthodox Judaism, and Orthodox Judaism's response to those challenges.

According to the traditional view of the causal structure of a coincidence, the several parts of a coincidence are produced by independent causes. I argue that the traditional view is mistaken; even the several parts of a coincidence may have a common cause. This has important implications for how we think about the relationship between causation and causal explanation—and in particular, for why coincidences cannot be explained.

The dual role of microbial communities as either beneficial/functional or harmful/pathogenic involves two issues concerning causality in physiology and medicine, etiology of disease, and the notion of function in biology. Causal explanation formulated by the germ theory of disease and the Koch postulates connects the existence of a specifically identified microbe to disease by the isolation and identification of a pathogen from an organism with the disease and the successful infection of a healthy individual. Similarly, microbiome research in medicine centers (...) on taxonomic composition in correlation with physiological conditions and germ-free mice experimentations to establish causal connections. However, because the microbiome is an ecological community, it lacks the specificity of identification assumed in the germ theory. Furthermore, the ecological aspects within and between microbiomes such as background conditions, microbial interactions, and interdependence, are treated as confounding. Looking at ecological studies, the causal explanations are less specific regarding complex systems with their processes of interactions. This article makes the following two points: One is that microbiome causality in the host should be understood similarly to the microbiome causality in an ecosystem. The second is that if considering a microbiome’s causality in the host as an ecosystem, its etiological explanation needs to be revisited to include a heterogeneous and mutual notion of interactions. Finally, according to the second point, the notion of function in ecology with its relevant notion of causality should be considered accordingly. (shrink)

In this paper I defend Kant’s Incorporation Thesis, which holds that we must “incorporate” our incentives into our maxims if we are to act on them. I see this as a thesis about what is necessary for a human being to make the transition from ‘having a desire’ to ‘acting on it’. As such, I consider the widely held view that ‘having a desire’ involves being focused on the world, and not on ourselves or on the desire. I try to (...) show how this view is connected with a denial of any deep distinction between reason and inclination. I then argue for an alternative view of what ‘having a desire’ involves, one according to which it involves being focused both on the world and on ourselves. I show how this view fits naturally with the Kantian distinction between reason and inclination, accounts for independent intuitions about ‘having a desire’, and supports the Incorporation Thesis. I then make some further suggestions about how we might conceive of the object of incorporation. (shrink)

This author reviews some of the issues on which legal feminism has worked as well as the current status of the discussion, especially in Italian feminism. This is the case of family relationships, procreation and abortion, violence against women and security policies, prostitution, work in the labour market, the limits to citizenship and the confluence of feminism and the claims of cultural identities. With the assumption that legal feminism does not mean only “studies on women” but involves a crucial perspective (...) to discuss any subject, the author also reviews the relationship between feminism, law and gender. (shrink)

In the article are discussed the semantic theories of Dietrich of Freiberg and Meister Eckhart in the comparative way. The both Dominicans are known through their theory of intellect, but for declamation of this theory they are choosing the certain model of language and of predication. The aim of the article is to outline the specific aspect of their semantic theories that are influenced by the modi significanditheory on the one hand and by the causa-essentialis-theory on the other hand. The (...) causa-essentialis-theory becomes a part of their philosophy of language in the sense, that both Dominicans are thinking the parts of the sentence – subject and predicate – in the ontological terms: both of them are considering the predicate as a cause, and subject as a caused one. Therefore they understand the semantical and the ontological entities in the reciprocity. Such an ontologization of semantic results from the inherence-model of language that is the basis for understanding of sentences expressing the definition according to Dietrich von Freiberg as well as Meister Eckhart. (shrink)

Forthcoming, Journal of Philosophy [pdf manuscript].

The utilitarian conception, which I call “action as production,” holds that action is a way of making use of the world, conceived as a causal mechanism. According to the rational intuitionist conception, which I call “action as assertion,” action is a way of acknowledging the value in the world, conceived as a realm of status. On the Kantian constructivist conception, which I call “action as participation,” action is a way of making the world, qua causal mechanism, come to count as (...) a realm of status. My rather limited aim in this paper is to identify three substantively different answers the question of how action relates an agent to the world, regarded as a context of action. (shrink)

The capacity to represent things to ourselves as possible plays a crucial role both in everyday thinking and in philosophical reasoning; this volume offers much-needed philosophical illumination of conceivability, possibility, and the relations between them.

In recent years, all major consumer technology corporations have moved into the domain of health research. This ‘Googlization of health research’ begs the question of how the common good will be served in this research. As critical data scholars contend, such phenomena must be situated within the political economy of digital capitalism in order to foreground the question of public interest and the common good. Here, trends like GHR are framed within a double, incommensurable logic, where private gain and economic (...) value are pitted against public good and societal value. While helpful for highlighting the exploitative potential of digital capitalism, this framing is limiting, insofar as it acknowledges only one conception of the common good. This article uses the analytical framework of modes of justification developed by Boltanksi and Thévenot to identify a plurality of orders of worth and conceptualizations of the common good at work in GHR. Not just the ‘civic’ and ‘market’ orders, but also an ‘industrial’, a ‘project’, and what I call a ‘vitalist’ order. Using promotional material of GHR initiatives and preliminary interviews with participants in GHR projects, I ask what moral orientations guide different actors in GHR. Engaging seriously with these different conceptions of the common good is paramount. First, in order to critically evaluate them and explicate what is at stake in the move towards GHR, and ultimately, in order to develop viable governance solutions that ensure strong ‘civic’ components. (shrink)

New biotechnologies have propelled the question of what it means to be human - or posthuman - to the forefront of societal and scientific consideration. This volume provides an accessible, critical overview of the main approaches in the debate on posthumanism, and argues that they do not adequately address the question of what it means to be human in an age of biotechnology. Not because they belong to rival political camps, but because they are grounded in a humanist ontology that (...) presupposes a radical separation between human subjects and technological objects. The volume offers a comprehensive mapping of posthumanist discourse divided into four broad approaches-two humanist-based approaches: dystopic and liberal posthumanism, and two non-humanist approaches: radical and methodological posthumanism. The author compares and contrasts these models via an exploration of key issues, from human enhancement, to eugenics, to new configurations of biopower, questioning what role technology plays in defining the boundaries of the human, the subject and nature for each. Building on the contributions and limitations of radical and methodological posthumanism, the author develops a novel perspective, mediated posthumanism, that brings together insights in the philosophy of technology, the sociology of biomedicine, and Michel Foucault's work on ethical subject constitution. In this framework, technology is neither a neutral tool nor a force that alienates humanity from itself, but something that is always already part of the experience of being human, and subjectivity is viewed as an emergent property that is constantly being shaped and transformed by its engagements with biotechnologies. Mediated posthumanism becomes a tool for identifying novel ethical modes of human experience that are richer and more multifaceted than current posthumanist perspectives allow for. The book will be essential reading for students and scholars working on ethics and technology, philosophy of technology, poststructuralism, technology and the body, and medical ethics. (shrink)