In Morals From Motives, Michael Slote defends an agent-based theory of right action according to which right acts are those that express virtuous motives like benevolence or care. Critics have claimed that Slote’s view— and agent-based views more generally— cannot account for several basic tenets of commonsense morality. In particular, the critics maintain that agent-based theories: (i) violate the deontic axiom that ought implies can , (ii) cannot allow for a person’s doing the right thing for the wrong reason, and (...) (iii) do not yield clear verdicts in a number of cases involving conflicting motives and motivational over-determination . In this paper I develop a new agent-based theory of right action designed to avoid the problems presented for Slote’s view. This view makes morally right action a matter of expressing an optimal balance of virtue over vice and commands agents in each situation to improve their degree of excellence to the greatest extent possible. (shrink)

In this dissertation, I use virtue theory to answer a number of different questions in the normative ethics of behavior and in welfare axiology. In chapter 1, I provide an introduction to the Normative Ethics of Behavior. I present some of the conceptual background necessary for answering the question "What makes right actions right?" In chapter 2, I provide critical summaries of some of the most popular virtue-ethical theories of right action. In chapter 3, I present and defend my own (...) virtue-ethical theory of right action and show why this rather simple theory is not vulnerable to any of the objections that challenge its virtue-ethical rivals. In chapter 4, I turn to the question of how to measure the extent to which a person acts justly in the performance of an action. I argue that there are at least four variables that determine how just a person's action is at a time. I try to show how we can integrate these four variables into a single measure for just action. In chapter 5, I consider whether being just is intrinsically, prudentially rewarding. Most modern philosophers answer: no, at least not as a matter of necessity. In a recent and influential paper, Wayne Sumner disagrees with this popular position. I rehearse and criticize his arguments. In chapter 6, I offer a new argument for Sumner's conclusion, one that avoids the problems that his own argument faces. My argument turns on the fact that a just person's own moral virtue will make a distributional claim on her that she is bound to satisfy in a way that will enhance her welfare. (shrink)

In Wayne Sumner argues that (1) as a matter of necessity, virtue is intrinsically prudentially rewarding, and (2) if all else is equal, the virtuous will fare better than the non-virtuous. In this article, I reproduce and criticize those arguments. I offer several objections to the argument for the first thesis; each objection makes the same basic point: contrary to what Sumner assumes, certain contingent facts over and above a person's being virtuous have to obtain if virtue is to issue (...) in any prudential reward. I object to Sumner's second thesis by arguing that moral neutrality can be at least as welfare-enhancing as moral virtuosity. Finally, I argue that even if virtue were intrinsically rewarding in the way Sumner envisions, it would still be impossible to determine a priori whether adopting a virtuous lifestyle would be prudentially rational. (shrink)

In A New Form of Agent-Based Virtue Ethics , Daniel Doviak develops a novel agent-based theory of right action that treats the rightness (or deontic status) of an action as a matter of the action’s net intrinsic virtue value (net-IVV)—that is, its balance of virtue over vice. This view is designed to accommodate three basic tenets of commonsense morality: (i) the maxim that “ought” implies “can,” (ii) the idea that a person can do the right thing for the (...) wrong reason, and (iii) the idea that a virtuous person can have “mixed motives.” In this paper, I argue that Doviak’s account makes an important contribution to agent-based virtue ethics, but it needs to be supplemented with a consequentialist account of the efficacy of well-motivated actions—that is, it should be transformed into a mixed (motives-consequences) account, while retaining its net-IVV calculus. This is because I believe that there are right-making properties external to an agent’s psychology which it is important to take into account, especially when an agent’s actions negatively affect other people. To incorporate this intuition, I add to Doviak’s net-IVV calculus a scale for outcomes . The result is a mixed view which accommodates tenets (ii) and (iii) above, but allows for (i) to fail in certain cases. I argue that, rather than being a defect, this allowance is an asset because our intuitions about ought-implies-can break down in cases where an agent is grossly misguided, and our theory should track these intuitions. (shrink)

It is common to hear talk of the aim of belief and to find philosophers appealing to that aim for numerous explanatory purposes. What belief 's aim explains depends, of course, on what that aim is. Many hold that it is somehow related to truth, but there are various ways in which one might specify belief 's aim using the notion of truth. In this article, by considering whether they can account for belief 's standard of correctness and the epistemic (...) norms governing belief, I argue against certain prominent specifications of belief 's aim given in terms of truth, and advance a neglected alternative. (shrink)

The _Physics_ is a foundational work of western philosophy, and the crucial one for understanding Aristotle's views on matter, form, essence, causation, movement, space, and time. This richly annotated, scrupulously accurate, and consistent translation makes it available to a contemporary English reader as no other does—in part because it fits together seamlessly with other closely associated works in the New Hackett Aristotle series, such as the _Metaphysics_, _De Anima_, and forthcoming _De Caelo_ and _On Coming to Be and Passing Away_. (...) Eventually the series will include all of Aristotle's works. Sequentially numbered endnotes provide the information most needed at each juncture, while a detailed Index of Terms indicates places where focused discussion of key notions occurs. An illuminating general Introduction describes the book that lies ahead, explaining what sort of work it is and what sorts of evidence it relies on. (shrink)

1. Happiness, then and now -- Happiness, eudaimonia, and practical reasoning -- Happiness as eudaimonia -- Happiness and virtuous activity -- New directions from old debates -- 2. Happiness then: the sufficiency debate -- Aristotle's case against the sufficiency thesis -- 3. Happiness now: rethinking the self -- Socrates' case for the sufficiency thesis -- Epictetus and the stoic self -- The Stoics' case for the sufficiency thesis -- The embodied conception of the self -- The embodied conception and psychological (...) well-being -- The Stoics' case against the embodied conception. (shrink)

Sometimes it takes years of debate for philosophers to discover what it is they really disagree about. Sometimes they talk past each other in long series of books and articles, never guessing at the root disagreement that divides them. But occasionally a day comes when something happens to coax the cat out of the bag. "Aha!" one philosopher exclaims to another, "so that's why you've been disagreeing with me, misunderstanding me, resisting my conclusions, puzzling me all these years!".

In this groundbreaking book, Daniel D. Novotny explores one of the most controversial topics of Suarez's philosophy: "beings of reason." Beings of reason are impossible intentional objects, such as blindness and square-circle.

Realists about possible worlds typically identify possible worlds with abstract objects, such as propositions or properties. However, they face a significant objection due to Lewis (1986), to the effect that there is no way to explain how possible worlds-as-abstract objects represent possibilities. In this paper, I describe a response to this objection on behalf of realists. The response is to identify possible worlds with propositions, but to deny that propositions are abstract objects, or indeed objects at all. Instead, I argue (...) that realists should follow Prior (1971) and others in treating higher-order quantification (e.g. quantification into predicate or sentence position) as a genuine form of quantification in its own right, and so in particular, not to be analysed in terms of first-order quantification over abstract objects. I argue that from this ‘higher-orderist’ perspective, there is a relatively straightforward answer to the question of how possible worlds-as-propositions succeed in representing possibilities. (shrink)

Realists about possible worlds typically identify possible worlds with abstract objects, such as propositions or properties. However, they face a significant objection due to Lewis (1986), to the effect that there is no way to explain how possible worlds-as-abstract objects represent possibilities. In this paper, I describe a response to this objection on behalf of realists. The response is to identify possible worlds with propositions, but to deny that propositions are abstract objects, or indeed objects at all. Instead, I argue (...) that realists should follow Prior (1971) and others in treating higher-order quantification (e.g. quantification into predicate or sentence position) as a genuine form of quantification in its own right, and so in particular, not to be analysed in terms of first-order quantification over abstract objects. I argue that from this ‘higher-orderist’ perspective, there is a relatively straightforward answer to the question of how possible worlds-as-propositions succeed in representing possibilities. (shrink)

This paper will attempt to assess the primary differences between what I take to be the two primary philosophical "traditions" in contemporary French philosophy, using Derrida (transcendence) and Deleuze (immanence) as exemplary representatives. The body of the paper will examine the use of these terms in three different areas of philosophy on which Derrida and Deleuze have both written: subjectivity, ontology, and epistemology. (1) In the field of subjectivity, the notion of the subject has been critiqued in two manners, either (...) by appealing either to the transcendence of the other (Levinas, Derrida) or to the immanent jlux of experience itself, in relation to which the Ego itself is trancendent (Deleuze, Foucault, Sartre, James). (2) In the field of ontology, a purely "immanent" ontology would be an ontology in which there is neither a "beyond" or an "otherwise" Being, nor "interruptions" in Being, both of which would require an appeal to a formal element of transcendence (Deleuze). Such a "transcendent" and aporetic structure, which can never appear or be present as such within Being, is what lies at the basis of the project of deconstruction, with its attendant aporias (Derrida). (3) This distinction, finally, finds parallels in Kant's epistemology, for whom the possible experience is conditioned by purely immanent criteria (Deleuze), whereas what goes beyond the limits of possible experience is transcendent (Derrida). Drawing on these three thread of analysis, the paper concludes with an assessment of what is at stake in the ethical differences between the two traditions. The question of "transcendence" is "What mast I do?", which is the question of morality (a duty or obligation that is beyond being, an "ought" beyond the "is"). The question of "immanence" is "What can I do?" (my power or capacity as an existing individual within being). For Levinas and Derrida, ethics precedes ontology because it is derived from an element of transcendence (the Other); for Deleuze, ethics is ontology because it is derived from the immanent relation of beings to Being at the level of their existence (Spinoza). (shrink)

In _Buddhists, Brahmins, and Belief_, Dan Arnold examines how the Brahmanical tradition of Purva Mimamsa and the writings of the seventh-century Buddhist Madhyamika philosopher Candrakirti challenged dominant Indian Buddhist views of epistemology. Arnold retrieves these two very different but equally important voices of philosophical dissent, showing them to have developed highly sophisticated and cogent critiques of influential Buddhist epistemologists such as Dignaga and Dharmakirti. His analysis--developed in conversation with modern Western philosophers like William Alston and J. L. Austin--offers an innovative (...) reinterpretation of the Indian philosophical tradition, while suggesting that pre-modern Indian thinkers have much to contribute to contemporary philosophical debates. In logically distinct ways, Purva Mimamsa and Candrakirti's Madhyamaka opposed the influential Buddhist school of thought that emphasized the foundational character of perception. Arnold argues that Mimamsaka arguments concerning the "intrinsic validity" of the earliest Vedic scriptures are best understood as a critique of the tradition of Buddhist philosophy stemming from Dignaga. Though often dismissed as antithetical to "real philosophy," Mimamsaka thought has affinities with the reformed epistemology that has recently influenced contemporary philosophy of religion. Candrakirti's arguments, in contrast, amount to a principled refusal of epistemology. Arnold contends that Candrakirti marshals against Buddhist foundationalism an approach that resembles twentieth-century ordinary language philosophy--and does so by employing what are finally best understood as transcendental arguments. The conclusion that Candrakirti's arguments thus support a metaphysical claim represents a bold new understanding of Madhyamaka. (shrink)

Deleuze’s philosophy of immanence, because it vigorously rejects every appeal to the beyond, is often presumed to be indifferent to the concerns of religion. This book argues against such a presumption. It does so, first of all, by emphasising how both Deleuze’s thought and the notion of religion are motivated by a demand to create new modes of existence, or to imagine and enact a future that would substantively break with the present configuration of being. If Deleuze’s thought and the (...) notion of religion intersect in this regard, then their divergence must be located elsewhere, namely in the distinction between immanence and transcendence. The book thus argues that the enemy of Deleuze’s thought is not religion in general but instead the specific operation of transcendence. Furthermore, it argues that since Deleuze’s thought is not simply anti-religious, it cannot be identified with secularism. Along these lines, the book shows how Deleuzian immanence is able both to oppose religious transcendence and to enter an allliance with immanent accounts of the name of God. The effect of this is to suspend the paralysing debate between religion and the secular in order to attend to the ways in which immanence – whether “religious” or “secular” – is able to break with the present and to create the future. (shrink)

Much has been written about medicine and the market in recent years. This book is the first to include an assessment of market influence in both developed and developing countries, and among the very few that have tried to evaluate the actual health and economic impact of market theory and practices in a wide range of national settings. Tracing the path that market practices have taken from Adam Smith in the eighteenth century into twenty-first-century health care, Daniel Callahan and (...) Angela A. Wasunna add a fresh dimension: they compare the different approaches taken in the market debate by health care economists, conservative market advocates, and liberal supporters of single-payer or government-regulated systems. In addition to laying out the market-versus-government struggle around the world -- from Canada and the United States to Western Europe, Latin America, and many African and Asian countries -- they assess the leading market practices, such as competition, physician incentives, and co-payments, for their economic and health efficacy to determine whether they work as advertised. This timely and necessary book engages new dimensions of a development that has urgent consequences for the delivery of health care worldwide. (shrink)

Three studies test eight hypotheses about (1) how judgment differs between people who ascribe greater vs. less moral relevance to choices, (2) how moral judgment is subject to task constraints that shift evaluative focus (to moral rules vs. to consequences), and (3) how differences in the propensity to rely on intuitive reactions affect judgment. In Study 1, judgments were affected by rated agreement with moral rules proscribing harm, whether the dilemma under consideration made moral rules versus consequences of choice salient, (...) and by thinking styles (intuitive vs. deliberative). In Studies 2 and 3, participants evaluated policy decisions to knowingly do harm to a resource to mitigate greater harm or to merely allow the greater harm to happen. When evaluated in isolation, approval for decisions to harm was affected by endorsement of moral rules and by thinking style. When both choices were evaluated simultaneously, total harm -- but not the do/allow distinction -- influenced rated approval. These studies suggest that moral rules play an important, but context-sensitive role in moral cognition, and offer an account of when emotional reactions to perceived moral violations receive less weight than consideration of costs and benefits in moral judgment and decision making. (shrink)

The problem known as Buridan’s Ass says that a hungry donkey equipoised between two identical bales of hay will starve to death. Indecision kills the ass. Some philosophers worry about human analogs. Computer scientists since the 1960s have known about the computer versions of such cases. From what Leslie Lamport calls ‘Buridan’s Principle’—a discrete decision based on a continuous range of input-values cannot be made in a bounded time—it follows that the possibilities for human analogs of Buridan’s Ass are far (...) more wide-ranging and securely provable than has been acknowledged in philosophy. We are never necessarily decisive. This is mathematically provable. I explore four consequences: first, increased interest of the literature’s solutions to Buridan’s Ass; second, a new asymmetry between responsibility for omissions and responsibility for actions; third, clarification of the standard account of akrasia; and, fourth, clarification of the role of credences in normative decision-theory. (shrink)

The experimental validity of research in the experimental philosophy of free will has been called into question. Several new, important studies (Murray et al. forthcoming; Nadelhoffer et al., Cognitive Science 44 (8): 1–28, 2020 ; Nadelhoffer et al., 2021; Rose et al., Cognitive Science 41 (2): 482–502, 2017 ) are interpreted as showing that the vignette-judgment model is defective because participants only exhibit a surface-level comprehension and not the deeper comprehension the model requires. Participants, it is argued, commit _bypassing_, _intrusion_, (...) and _fatalism_ errors. We respond in two ways: (1) we critique and improve existing methods for assessing deeper comprehension and (2) we develop videos to convey deterministic principles of change that succeed in significantly reducing participants’ bypassing, intrusion, and fatalism errors. Consequently, we have the best existing instrument for gauging folk intuitions about the relationship between free will and determinism. (shrink)

Motion—and, in particular, local motion or change in location—plays a central role in Kenelm Digby’s natural philosophy and in his arguments for the immateriality of the soul. Despite this, Digby’s account of what motion consists in has yet to receive much scholarly attention. In this paper, I advance a novel interpretation of Digby on motion. According to it, Digby holds that for a body to move is for it to divide from and unify with other bodies. This is a view (...) of motion—as change in relations of parthood—that Alison Peterman attributes to Digby’s contemporary and acquaintance, Margaret Cavendish. Having shown that Digby’s presentation of the view predates Cavendish’s by more than a decade, I make a case that Digby’s work influenced Cavendish’s on this topic. In developing and defending my reading, I consider to what extent the Digbean account of motion and the arguments for it accord with the ideals of the mechanical philosophy emerging in the early modern period. (shrink)

Pioneering biblical critic, theorist of democracy, and legendary conflater of God and nature, Jewish philosopher Baruch Spinoza (1632-1677) was excommunicated by the Sephardic Jews of Amsterdam in 1656 for his "horrible heresies" and "monstrous deeds." Yet, over the past three centuries, Spinoza's rupture with traditional Jewish beliefs and practices has elevated him to a prominent place in genealogies of Jewish modernity. The First Modern Jew provides a riveting look at how Spinoza went from being one of Judaism's most notorious outcasts (...) to one of its most celebrated, if still highly controversial, cultural icons, and a powerful and protean symbol of the first modern secular Jew. Ranging from Amsterdam to Palestine and back again to Europe, the book chronicles Spinoza's posthumous odyssey from marginalized heretic to hero, the exemplar of a whole host of Jewish identities, including cosmopolitan, nationalist, reformist, and rejectionist. Daniel Schwartz shows that in fashioning Spinoza into "the first modern Jew," generations of Jewish intellectuals -German liberals, East European maskilim, secular Zionists, and Yiddishists- have projected their own dilemmas of identity onto him, reshaping the Amsterdam thinker in their own image. The many afterlives of Spinoza are a kind of looking glass into the struggles of Jewish writers over where to draw the boundaries of Jewishness and whether a secular Jewish identity is indeed possible. Cumulatively, these afterlives offer a kaleidoscopic view of modern Jewish culture and a vivid history of an obsession with Spinoza that continues to this day."--Jacket. (shrink)

Is liberal democracy appropriate for East Asia? In this provocative book, Daniel Bell argues for morally legitimate alternatives to Western-style liberal democracy in the region. Beyond Liberal Democracy, which continues the author's influential earlier work, is divided into three parts that correspond to the three main hallmarks of liberal democracy--human rights, democracy, and capitalism. These features have been modified substantially during their transmission to East Asian societies that have been shaped by nonliberal practices and values. Bell points to the (...) dangers of implementing Western-style models and proposes alternative justifications and practices that may be more appropriate for East Asian societies. If human rights, democracy, and capitalism are to take root and produce beneficial outcomes in East Asia, Bell argues, they must be adjusted to contemporary East Asian political and economic realities and to the values of nonliberal East Asian political traditions such as Confucianism and Legalism. Local knowledge is therefore essential for realistic and morally informed contributions to debates on political reform in the region, as well as for mutual learning and enrichment of political theories. Beyond Liberal Democracy is indispensable reading for students and scholars of political theory, Asian studies, and human rights, as well as anyone concerned about China's political and economic future and how Western governments and organizations should engage with China. (shrink)

Many have criticized liberalism for being too individualistic, but few have offered an alternative that goes beyond a vague affirmation of the need for community. In this entertaining book, written in dialogue form, Daniel Bell fills this gap, presenting and defending a distinctively communitarian theory against the objections of a liberal critic. Drawing on the works of such thinkers as Charles Taylor, Michael Sandel, and Alasdair MacIntyre, Bell attacks liberalism's individualistic view of the person by pointing to our social (...) embeddedness. He develops Michael Walzer's idea that political thinking involves the interpretation of shared meanings emerging from the political life of a community, and intelligently rebuts criticism that this approach damages his case by being conservative and relativistic. Communitarianism and Its Critics is a provocative defense of a distinctly communitarian theory which will stimulate interest and debate among scholars and students of political theory as well as those approaching the subject for the first time. (shrink)

There has recently been a focus on the question of statue removalism. This concerns what to do with public history statues that honour or otherwise celebrate ethically bad historical figures. The specific wrongs of these statues have been understood in terms of derogatory speech, inapt honours, or supporting bad ideologies. In this paper I understand these bad public history statues as history, and identify a distinctive class of public history-specific wrongs. Specifically, public history plays an important identity-shaping role, and bad (...) public history can commit specifically ontic injustice. Understanding bad public history in terms of ontic injustice helps understand not just to address bad public history statues, but also understand the value of public history more broadly. (shrink)

Premodern Buddhists are sometimes characterized as veritable "mind scientists" whose insights anticipate modern research on the brain and mind. Aiming to complicate this story, Dan Arnold confronts a significant obstacle to popular attempts at harmonizing classical Buddhist and modern scientific thought: since most Indian Buddhists held that the mental continuum is uninterrupted by death, they would have no truck with the idea that everything about the mental can be explained in terms of brain events. Nevertheless, a predominant stream of Indian (...) Buddhist thought, associated with the seventh-century thinker Dharmakirti, turns out to be vulnerable to arguments modern philosophers have leveled against physicalism. By characterizing the philosophical problems commonly faced by Dharmakirti and contemporary philosophers such as Jerry Fodor and Daniel Dennett, Arnold seeks to advance an understanding of both first-millennium Indian arguments and contemporary debates on the philosophy of mind. The issues center on what modern philosophers have called _intentionality_--the fact that the mind can be about other things. Tracing an account of intentionality through Kant, Wilfrid Sellars, and John McDowell, Arnold argues that intentionality cannot, in principle, be explained in causal terms. Elaborating some of Dharmakirti's central commitments, Arnold shows that despite his concern to refute physicalism, Dharmakirti's causal explanations of the mental mean that modern arguments from intentionality cut as much against his project as they do against physicalist philosophies of mind. This is evident in the arguments of some of Dharmakirti's contemporaneous Indian critics, whose critiques exemplify the same logic as modern arguments from intentionality. Elaborating these various strands of thought, Arnold shows that seemingly arcane arguments among first-millennium Indian thinkers can illuminate matters still very much at the heart of contemporary philosophy. (shrink)

Cosmopolitics, the concept of a world politics based on shared democratic values, is in an increasingly fragile state.

New features in this edition, in addition to truth tree systems for classical and nonclassical logics, include new and simpler rules for modal logic, deontic ...

Infallibilism is the view that a belief cannot be at once warranted and false. In this essay we assess three nonpartisan arguments for infallibilism, arguments that do not depend on a prior commitment to some substantive theory of warrant. Three premises, one from each argument, are most significant: if a belief can be at once warranted and false, then the Gettier Problem cannot be solved; if a belief can be at once warranted and false, then its warrant can be transferred (...) to an accidentally true belief; if a belief can be at once warranted and false, then it can be warranted and accidentally true. We argue that each of these is either false or no more plausible than its denial. Along the way, we offer a solution to the Gettier Problem that is compatible with fallibilism. (shrink)

The rise of China, along with problems of governance in democratic countries, has reinvigorated the theory of political meritocracy. But what is the theory of political meritocracy and how can it set standards for evaluating political progress? To help answer these questions, this volume gathers a series of commissioned research papers from an interdisciplinary group of leading philosophers, historians and social scientists. The result is the first book in decades to examine the rise of political meritocracy and what it will (...) mean for political developments in China and the rest of the world. Despite its limitations, meritocracy has contributed much to human flourishing in East Asia and beyond and will continue to do so in the future. This book is essential reading for those who wish to further the debate and perhaps even help to implement desirable forms of political change. (shrink)

Modernity and the other: a story of inequality -- Locating the other in the political debates of early modernity -- Thinking and rethinking the equality of the other: Vitoria, Sepúlveda and the true barbarians -- Las Casas and the other: the tension between equality and cultural othercide -- From the civilizing mission to irreconcilable alterity: the changing perception of the Indians in the French Enlightenment -- The other side of modernity: legitimizing the transition from cultural othercide to physical othercide -- (...) Looking to the future. (shrink)

Propositional logic -- Predicate logic -- Proof strategies and diagrams -- Mathematical induction -- Set theory -- Functions -- Relations -- Core concepts in abstract algebra -- Core concepts in real analysis.

ABSTRACTThis article studies multi-stakeholder initiatives as spaces for both deliberation and contestation between constituencies with competing discourses and disputed values, beliefs, and preferences. We review different theoretical perspectives on MSIs, which see them mainly as spaces to find solutions to market problems, as spaces of conflict and bargaining, or as spaces of consensus. In contrast, we build on a contestatory deliberative perspective, which gives equal value to both contestation and consensus. We identify four types of internal contestation which can be (...) present in MSIs—procedural, inclusiveness, epistemic, and ultimate-goal—and argue that embracing contestation and engaging in ongoing revision of provisional agreements, criteria, and goals can enhance the democratic quality of MSIs. Finally, we explore the implications of this perspective for theorizing about the democratic quality in MSIs and about the role of corporations in transnational governance. (shrink)

This study focuses on the differences in the perception of business ethics across two groups of management students from France and Romania (n = 220). Data was collected via the ATBEQ to measure preferences for three business philosophies: Machiavellianism, Social Darwinism, and Moral Objectivism. The results show that Romanian students present more favorable attitudes toward Machiavellianism than French students; whereas, French students valued Social Darwinism and Moral Objectivism more highly. For Machiavellianism and Moral Objectivism the results are consistent with the (...) literature and our hypotheses. However, contrary to our expectations, we find that Social Darwinism is more important in France than Romania. The results indicate that religious practice does not influence preferences for the three business philosophies. In terms of gender differences, women have less favorable attitudes toward Machiavellianism and more favorable attitudes toward Moral Objectivism than men. (shrink)

The increasing use of digital technologies in judicial and arbitration proceedings increases the usage of digital evidence by the parties, which brings the necessity of creating patterns for adjudicators to admit and assess this new type of evidence. This paper generally addresses digital evidence focusing on the second moment in international arbitration proceedings. It also narrows the topic to hacked and leaked evidence and its admissibility in international arbitration. The literature review showed a significant amount of research devoted to the (...) evidence in arbitration. Some considered electronic evidence within one jurisdiction; others focused on certain forms of digital evidence such as electronic signatures. Papers on digital evidence in international arbitration approach arbitration rules for digital evidence but skip admissibility issues. No systemic and complex works research digital evidence in arbitration, explicitly focusing on the admissibility of hacked and leaked digital evidence from a comparative perspective. Also, no research deals with enforcing international arbitration awards relying on illegally obtained digital evidence. In these cases, there could be a possible violation of domestic public policy under the New York Convention terms (art. V, 2, b). That is why the paper aims to offer the concept of digital evidence in international arbitration, including hacked and leaked evidence, criteria of its admissibility and relevance, and design the arbitration guidelines for assessing hacked and leaked evidence. Comparative legal analysis of the international arbitration rules and national procedure law allowed us to compare the regulatory approaches to the definition of digital evidence and its admissibility worldwide. The method of legal modeling allowed designing model guidelines for arbitral tribunals to evaluate the admissibility and relevance of digital evidence, including hacked and leaked evidence. Moreover, the case study method allowed us to analyze jurisprudence and define criteria for admission of hacked and leaked evidence. We conclude that the admissibility of hacked and leaked evidence depends solely on the arbitrator’s broad discretion to assess the evidence. Nevertheless, thorough evidence analysis and a well-reasoned award are always mandatory. (shrink)

From the author of Setting Limits comes a challenging exploration of the proper goals of medicine in our rapidly changing society--a work destined to spark debate and influence policy for years to come.

This paper explores the possibility of extending Locke’s theory with respect to tangible property so that it might offer a feasible theoretical basis for intellectual property too. The main conclusion is that such an attempt must fail. Locke’s theory comes in three parts: a general justification of property which serves to explain why assets ought to be under the exclusive control of individuals; a positive method of private appropriation whereby an individual acquires a prima facie exclusive claim to previously commonly (...) held natural resources; and third, a negative requirement that other individuals’ crucial interests are not harmed by such an appropriation. For each of these, the difficulties involved in applying that part of the theory to the sphere of ideas are discussed, and a central aspect of intellectual property that raises the problems of application is highlighted. (shrink)

Journal of Applied Philosophy, EarlyView.