The most influential account of authority – Joseph Raz's service conception – is an account of the role of authority, in that it is an account of its point or function. However, authority does not have a characteristic role to play, and even if it did, the ability to play a role is not, by itself, sufficient to establish authority. The aim of this essay is to shift our focus from roles that authority plays to roles that people play – (...) which we can also call roles of authority – such as chef, teacher, and parent. To justify authority, we need to justify the practices in which roles of authority play a part. (shrink)

In Legality, Scott Shapiro builds his case for legal positivism on a simple premise: laws are plans. Recognition of that fact leads to legal positivism, Shapiro says, because the content of a plan is fixed by social facts. In this essay, I argue that Shapiro’s case for legal positivism fails. Moreover, I argue that we can learn important lessons about the prospects for positivism by attending to the ways in the argument fails. As I show, the flaws in Shapiro’s (...) argument reveal structural problems with a family of prominent positivist views, including the one defended by Joseph Raz. (shrink)

Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay (...) by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years. (shrink)

Ludwig Wittgenstein's work on rules has been put to a variety of uses by legal theorists. One wave of theorists employs Wittgenstein in an effort to show that law is radically indeterminate. They base their arguments on Saul Kripke's influential reading of Wittgenstein's Philosophical Investigations. This essay begins with a consideration of Kripke's view and its implications for law. Like many before, I conclude that Kripke's view is defective, and as such teaches us little about law. But it is important (...) to explore the view in detail nonetheless, because only by doing so can we understand the mistakes of the second wave of theorists who employ Wittgenstein's remarks on rules in jurisprudential argument. The second wave includes Brian Bix and Andrei Marmor, who turn to Wittgenstein's remarks on rules to explain how it is that law can be determinate and also to show that law can often be understood without interpretation. I argue that both Bix and Marmor fail, and more importantly, that Wittgenstein's remarks on rules have little to offer legal theory. Nothing much can be learned about legal rules or legal interpretation by attending to Wittgenstein's remarks, because they were aimed at wholly different phenomena. (shrink)

What is law, and why does it matter? Scott Hershovitz says that law is a moral practice-a tool for adjusting our moral relations. This claim is simple on its face, but it has stark implications for the rule of law. At once erudite and entertaining, Hershovitz's argument engages with the most important legal and political controversies of our time.

From a Michigan professor of law and philosophy, a thought-provoking investigation into life's biggest questions with the help of great philosophers old and new-including his two young children. Like any new parent, Scott Hershovitz closely observed his two young sons, Rex and Hank, from their early days. From the time they could talk, he noticed that they raised philosophical questions and were determined to answer them. Children find the world a puzzling place, so they try to puzzle it (...) out. Often, that leads to profound insight. Sometimes, they recreated ancient arguments. Sometimes, they advanced novel views. Kids are natural philosophers, Hershovitz realized. Indeed, they are some of the best around. With great humor and storytelling, Hershovitz follows an agenda set by Rex and Hank, canvassing pressing questions about rights, revenge, authority, sex, gender, race, knowledge, truth, and other daunting mysteries most grown-ups mostly ignore. Through the lens of his sons' curiosity, Hershovitz takes us on an engaging tour through contemporary and classic philosophy. We all want our children to think deeply about themselves, the world around them, and their place within it. Hershovitz calls on us to support our kids' philosophical adventures. But more than that, he challenges us to join up to them, so that we can become better, more discerning thinkers and recapture some of the wonder kids have at the world. (shrink)

This ambitious, interdisciplinary book seeks to explain the origins of religion using our knowledge of the evolution of cognition. A cognitive anthropologist and psychologist, Scott Atran argues that religion is a by-product of human evolution just as the cognitive intervention, cultural selection, and historical survival of religion is an accommodation of certain existential and moral elements that have evolved in the human condition.

In the last decade, the familiar problem of the regress of reasons has returned to prominent consideration in epistemology. And with the return of the problem, evaluation of the options available for its solution is begun anew. Reason’s regress problem, roughly put, is that if one has good reasons to believe something, one must have good reason to hold those reasons are good. And for those reasons, one must have further reasons to hold they are good, and so a regress (...) of reasons looms. In this new study, Aikin presents a full case for infinitism as a response to the problem of the regress of reasons. Infinitism is the view that one must have a non-terminating chain of reasons in order to be justified. The most defensible form of infinitism, he argues, is that of a mixed theory – that is, epistemic infinitism must be consistent with and integrate other solutions to the regress problem. (shrink)

Inspired by a debate between Noam Chomsky and Jean Piaget, this work traces the development of natural history from Aristotle to Darwin, and demonstrates how the science of plants and animals has emerged from the common conceptions of folkbiology.

This book analyses the straw man fallacy and its deployment in philosophical reasoning. While commonly invoked in both academic dialogue and public discourse, it has not until now received the attention it deserves as a rhetorical device. Scott Aikin and John Casey propose that straw manning essentially consists in expressing distorted representations of one's critical interlocutor. To this end, the straw man comprises three dialectical forms, and not only the one that is usually suggested: the straw man, the weak (...) man and the hollow man. Moreover, they demonstrate that straw manning is unique among fallacies as it has no particular logical form in itself, because it is an instance of inappropriate meta-argument, or argument about arguments. They discuss the importance of the onlooking audience to the successful deployment of the straw man, reasoning that the existence of an audience complicates the dialectical boundaries of argument. Providing a lively, provocative and thorough analysis of the straw man fallacy, this book will appeal to postgraduates and researchers alike, working in a range of fields including fallacies, rhetoric, argumentation theory and informal logic. (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

There is widespread agreement that there should be a principle requiring that artificial intelligence be ‘explicable’. Microsoft, Google, the World Economic Forum, the draft AI ethics guidelines for the EU commission, etc. all include a principle for AI that falls under the umbrella of ‘explicability’. Roughly, the principle states that “for AI to promote and not constrain human autonomy, our ‘decision about who should decide’ must be informed by knowledge of how AI would act instead of us” :689–707, 2018). There (...) is a strong intuition that if an algorithm decides, for example, whether to give someone a loan, then that algorithm should be explicable. I argue here, however, that such a principle is misdirected. The property of requiring explicability should attach to a particular action or decision rather than the entity making that decision. It is the context and the potential harm resulting from decisions that drive the moral need for explicability—not the process by which decisions are reached. Related to this is the fact that AI is used for many low-risk purposes for which it would be unnecessary to require that it be explicable. A principle requiring explicability would prevent us from reaping the benefits of AI used in these situations. Finally, the explanations given by explicable AI are only fruitful if we already know which considerations are acceptable for the decision at hand. If we already have these considerations, then there is no need to use contemporary AI algorithms because standard automation would be available. In other words, a principle of explicability for AI makes the use of AI redundant. (shrink)

For anyone approaching the Encheiridion of Epictetus for the first time, this book provides a comprehensive guide to understanding a complex philosophical text. Including a full translation and clear explanatory commentaries, Epictetus's 'Encheiridion' introduces readers to a hugely influential work of Stoic philosophy. Scott Aikin and William O. Stephens unravel the core themes of Stoic ethics found within this ancient handbook. Focusing on the core themes of self-control, seeing things as they are, living according to nature, owning one's roles (...) and fulfilling the responsibilities that those roles entail, the authors elucidate the extremely challenging ideas in Epictetus's brisk chapters. Divided into five distinct parts, this book provides readers with: -/- - A new translation of the Encheiridion by William O. Stephens. - A new introduction to ancient Stoicism, its system of concepts, and the ancient figures who shaped it. - A fresh treatment of the notorious and counter-intuitive 'Stoic paradoxes'. - An accessible overview of the origin and historical context of the Encheiridion. - Detailed commentaries on each chapter of the Encheiridion that clarify its recurring themes and highlight their interconnections. - Careful attention to the presentation of the arguments embedded in Epictetus's aphoristic style. - A thoughtful discussion of serious criticisms of Epictetus's Stoicism and replies to these objections. -/- Written with clarity and authority, Epictetus's 'Encheiridion' provides a foundation from which readers can understand this important text and engage with the fundamental questions of Stoic philosophy and ethics. This guide will aid teachers of Epictetus, students encountering Stoicism for the first time, and readers seeking a greater understanding of Stoic ethics. (shrink)

An examination of the history and arguments behind W.K. Clifford and William James's landmark essays and subsequent impact on the importance of knowledge-based evidence.

This paper, in the form of a frequently asked questions page (FAQ), addresses outstanding questions about “shadow enhancers”, quasi‐redundant cis‐regulatory elements, and their proposed roles in transcriptional control. Questions include: What exactly are shadow enhancers? How many genes have shadow/redundant/distributed enhancers? How redundant are these elements? What is the function of distributed enhancers? How modular are enhancers? Is it useful to study a single enhancer in isolation? In addition, a revised definition of “shadow enhancers” is proposed, and possible mechanisms of (...) shadow enhancer function and evolution are discussed. (shrink)

Scott Sturgeon presents an original account of mental states and their dynamics. He develops a detailed story of coarse- and fine-grained mental states, a novel perspective on how they fit together, an engaging theory of the rational transitions between them, and a fresh view of how formal methods can advance our understanding in this area. In doing so, he addresses a deep four-way divide in literature on epistemic rationality. Formal epistemology is done in specialized languages--often seeming a lot more (...) like mathematics than Plato--and so can alienate philosophers who are drawn to more traditional work on thought experiments in epistemic rationality. Conversely, informal epistemology appears to be a lot more like Plato than mathematics and, as such, it tends to deter philosophers drawn to formal models of the phenomena. Similarly, the epistemology of coarse-grained states boils down everything to a discussion of rational belief--making the area appear a lot more like foundations of knowledge than anything useful for the theory rational decision, such as decision-making under uncertainty. The Rational Mind unifies work in all of these areas for the first time. (shrink)

This new series of books brings thoughtful, biblically informed perspectives to contemporary issues in bioethics.

Why We Argue : A Guide to Political Disagreement presents an accessible and engaging introduction to the theory of argument, with special emphasis on the way argument works in public political debate. The authors develop a view according to which proper argument is necessary for one’s individual cognitive health; this insight is then expanded to the collective health of one’s society. Proper argumentation, then, is seen to play a central role in a well-functioning democracy. Written in a lively style and (...) filled with examples drawn from the real world of contemporary politics, and questions following each chapter to encourage discussion, Why We Argue : A Guide to Political Disagreement reads like a guide for the participation in, and maintenance of, modern democracy. An excellent student resource for courses in critical thinking, political philosophy, and related fields, Why We Argue : A Guide to Political Disagreement is an important contribution to reasoned debate. (shrink)

With Artificial Intelligence entering our lives in novel ways—both known and unknown to us—there is both the enhancement of existing ethical issues associated with AI as well as the rise of new ethical issues. There is much focus on opening up the ‘black box’ of modern machine-learning algorithms to understand the reasoning behind their decisions—especially morally salient decisions. However, some applications of AI which are no doubt beneficial to society rely upon these black boxes. Rather than requiring algorithms to be (...) transparent we should focus on constraining AI and those machines powered by AI within microenvironments—both physical and virtual—which allow these machines to realize their function whilst preventing harm to humans. In the field of robotics this is called ‘envelopment’. However, to put an ‘envelope’ around AI-powered machines we need to know some basic things about them which we are often in the dark about. The properties we need to know are the: training data, inputs, functions, outputs, and boundaries. This knowledge is a necessary first step towards the envelopment of AI-powered machines. It is only with this knowledge that we can responsibly regulate, use, and live in a world populated by these machines. (shrink)

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

Introduction: working together on individuality / Lynn K. Nyhart and Scott Lidgard -- The work of biological individuality: concepts and contexts / Scott Lidgard and Lynn K. Nyhart -- Cells, colonies, and clones: individuality in the volvocine algae / Matthew D. Herron -- Individuality and the control of life cycles / Beckett Sterner -- Discovering the ties that bind: cell-cell communication and the development of cell sociology / Andrew S. Reynolds -- Alternation of generations and individuality, 1851 / (...) Lynn K. Nyhart and Scott Lidgard -- Spencer's evolutionary entanglement: from liminal individuals to implicit collectivities / Snait Gissis -- Biological individuality and enkapsis: from Martin Heidenhain's synthesiology to the völkisch national community / Olivier Rieppel -- Parasitology, zoology, and society in France, ca. 1880-1920 / Michael A. Osborne -- Metabolism, autonomy, and individuality / Hannah Landecker -- Bodily parts in the structure-function dialectic / Ingo Brigandt -- Commentaries: historical, biological, and philosophical perspectives -- Distrust that particular intuition: resilient essentialisms and empirical challenges in the history of biological individuality / James Elwick -- Biological individuality: a relational reading / Scott F. Gilbert -- Philosophical dimensions of individuality / Alan C. Love and Ingo Brigandt. (shrink)

Offering the first general introductory text to this subject, the timely _Introduction to_ _Evolutionary Ethics_ reflects the most up-to-date research and current issues being debated in both psychology and philosophy. The book presents students to the areas of cognitive psychology, normative ethics, and metaethics. The first general introduction to evolutionary ethics Provides a comprehensive survey of work in three distinct areas of research: cognitive psychology, normative ethics, and metaethics Presents the most up-to-date research available in both psychology and philosophy Written (...) in an engaging and accessible style for undergraduates and the interested general reader Discusses the evolution of morality, broadening its relevance to those studying psychology. (shrink)

Normative pragmatics can bridge the differences between dialectical and rhetorical theories in a way that saves the central insights of both. Normative pragmatics calls attention to how the manifest strategic design of a message produces interpretive effects and interactional consequences. Argumentative analysis of messages should begin with the manifest persuasive rationale they communicate. But not all persuasive inducements should be treated as arguments. Arguments express with a special pragmatic force propositions where those propositions stand in particular inferential relations to one (...) another. Normative pragmatics provides a framework within which varieties of propositional inference and pragmatic force may be kept straight. Normative pragmatics conceptualizes argumentative effectiveness in a way that integrates notions of rhetorical strategy and rhetorical situation with dialectical norms and procedures for reasonable deliberation. Strategic effectiveness should be seen in terms of maximizing the chances that claims and arguments will be reasonably evaluated, whether or not they are accepted. Procedural rationality should be seen in terms of adjustment to the demands of concrete circumstances. Two types of adjustment are illustrated: rhetorical strategies for framing the conditions for dialectical deliberation and rhetorical strategies for making do with limitations to dialectical deliberation. (shrink)

Introduction: Why study ethics? -- Christian ethics -- Ethical systems and ways of moral reasoning -- Making ethical decisions -- Abortion and embryonic stem cell research -- Reproductive technologies -- Biotechnology, genetics, and human cloning -- Physician-assisted suicide and euthanasia -- Capital punishment -- Sexual ethics -- The morality of war -- Ethics and economics.

Stakeholder theory is widely recognized as a management theory, yet very little research has considered its implications for individual managerial decision-making. In the two studies reported here, we used stakeholder theory to examine managerial decisions about balancing stakeholder interests. Results of Study 1 suggest that indivisible resources and unequal levels of stakeholder saliency constrain managers’ efforts to balance stakeholder interests. Resource divisibility also influenced whether managers used a within-decision or an across-decision approach to balance stakeholder interests. In Study 2 we (...) examined instrumental and normative implications of these two approaches. We conclude by considering the contributions of this research. (shrink)

Contemporary suicide terrorists from the Middle East are publicly deemed crazed cowards bent on senseless destruction who thrive in poverty and ignorance. Recent research indicates they have no appreciable psychopathology and are as educated and economically well-off as surrounding populations. A first line of defense is to get the communities from which suicide attackers stem to stop the attacks by learning how to minimize the receptivity of mostly ordinary people to recruiting organizations.

Many philosophers of emotion, whether perceptual or cognitive theorists, have claimed that emotions represent evaluative properties. This is often supported by an appeal to the fittingness of emotion: that emotions can be fitting shows they represent evaluative properties. In this paper, however, I argue that this inference is much too fast. In fact, no aspect of the rational assessment of emotion directly supports the claim that emotions represent evaluative properties. This inference can, however, be matured into an inference to the (...) best explanation. But this requires coming to terms with a significant emerging rival, the attitudinal theory of emotion. In this paper, I show how this can be accomplished and the inference from fittingness to content saved. (shrink)

A number of philosophers of medicine have attempted to provide analyses of health and disease in which the role that values play in those concepts is restricted. There are three ways in which values can be restricted in the concepts of health and disease. They can be: (i) eliminated, (ii) tamed or (iii) corralled. These three approaches correspond, respectively, to the work of Boorse, Lennox, and Wakefield. The concern of each of these authors is that if unrestricted values are allowed (...) to infect our concepts of health and disease, then anything could be construed as healthy or diseased. They believe that, if at all possible, such a result should be avoided. Unfortunately, as I argue, this result is unavoidable and such attempts to limit values in these concepts are destined to fail. I argue for this position by showing how each of these three attempts to provide value-restricted analyses of health and disease fail as analyses of the concepts of health and disease and that they fail because of their attempts to restrict the role of values in their accounts. I also show how, despite their best efforts, each of these analyses are, themselves, value-driven and value-laden. This leads to the conclusion that values infect our concepts of health and disease at all levels. (shrink)

The nocebo effect, a phenomenon whereby learning about the possible side effects of a medical treatment increases the likelihood that one will suffer these side effects, continues to challenge physicians and ethicists. If a physician fully informs her patient as to the potential side effects of a medicine that may produce nocebogenic effects, which is usually conceived of as being a requirement associated with the duty to respect autonomy, she risks increasing the likelihood that her patient will experience these side (...) effects and therefore suffer (unnecessary) harm, a violation of the duty of nonmaleficence. If, on the other hand, she intentionally withholds side effect information in an effort to protect her patient from suffering unnecessary harm from side effects, which is consistent with the duty of nonmaleficence, she violates the duty to respect patient autonomy. In this paper, the author discusses several previous attempts to deal with the nocebo effect and explains their weaknesses. He then proposes a means of managing the nocebo effect and argues that it does not share the weaknesses found in previous approaches. He concludes with a discussion of a simple, yet practical tool that might help clinicians manage the tension resulting from the nocebo effect. (shrink)

Evidence for a dichotomy between the planning of an action and its on-line control in humans is reviewed. This evidence suggests that planning and control each serve a specialized purpose utilizing distinct visual representations. Evidence from behavioral studies suggests that planning is influenced by a large array of visual and cognitive information, whereas control is influenced solely by the spatial characteristics of the target, including such things as its size, shape, orientation, and so forth. Evidence from brain imaging and neuropsychology (...) suggests that planning and control are subserved by separate visual centers in the posterior parietal lobes, each constituting part of a larger network for planning and control. Planning appears to rely on phylogenetically newer regions in the inferior parietal lobe, along with the frontal lobes and basal ganglia, whereas control appears to rely on older regions in the superior parietal lobe, along with the cerebellum. Key Words: action; apraxia; control; illusions; optic ataxia; PET; planning; reaching;. (shrink)

The article argues that bribery is wrong because it violates fundamental notion of equality and it undermines the vitality of the institutions affected.

Classical pragmatism is committed to the thought that philosophy must be relevant to ordinary life. This commitment is frequently employed critically: to show that some idea is irrelevant to ordinary life is to prove it to be expendable. But the commitment is also constructive: pragmatists must strive to make their positive views relevant. Accordingly, one would expect the classical pragmatists to have fixed their attention on ethics, since this is the area of philosophy most attuned to everyday problems. Although ethics (...) was among Dewey’s persistent interests, Peirce wrote almost nothing on the subject, and James wrote very little. But what James did write exerts considerable influence on contemporary pragmatists, many of whom make frequent appeals to the dual components of James’s ethics, pluralism and meliorism. In this paper, we will pose three challenges to Jamesian ethics. As James’s ethics is unique, we begin with a sketch of his view. (shrink)

What are the objects of science? Are they just the things in our scientific experiments that are located in space and time? Or does science also require that there be additional things that are not located in space and time? Using clear examples, these are just some of the questions that Scott Berman explores as he shows why alternative theories such as Nominalism, Contemporary Aristotelianism, Constructivism, and Classical Aristotelianism, fall short. He demonstrates why the objects of scientific knowledge need (...) to be not located in space or time if they are to do the explanatory work scientists need them to do. The result is a contemporary version of Platonism that provides us with the best way to explain what the objects of scientific understanding are, and how those non-spatiotemporal things relate to the spatiotemporal things of scientific experiments, as well as everything around us, including even ourselves. (shrink)

Abstract:The literature contains many recommendations, both explicit and implicit, that suggest how an ethics program ought to be designed. While we recognize the contributions of these works, we also note that these recommendations are typically based on either social scientific theory or data and as a result they tend to discount the moral aspects of ethics programs. To contrast and complement these approaches, we refer to a theory of the right to identify the characteristics of an effective ethics program. We (...) draw from Kant’s ethical theory to identify three guiding principles of a moral ethics program and then apply those principles to the specific components of ethics programs as discussed in the Federal Sentencing Guidelines. Doing so provides insights as to how an ethics program ought to be designed from a moral point of view and sparks discussion of the moral aspects of ethics programs. (shrink)

Sacred values differ from material or instrumental values in that they incorporate moral beliefs that drive action in ways dissociated from prospects for success. Across the world, people believe that devotion to essential or core values – such as the welfare of their family and country, or their commitment to religion, honor, and justice – are, or ought to be, absolute and inviolable. Counterintuitively, understanding an opponent's sacred values, we believe, offers surprising opportunities for breakthroughs to peace. Because of the (...) emotional unwillingness of those in conflict situations to negotiate sacred values, conventional wisdom suggests that negotiators should either leave sacred values for last in political negotiations or try to bypass them with sufficient material incentives. Our empirical findings and historical analysis suggest that conventional wisdom is wrong. In fact, offering to provide material benefits in exchange for giving up a sacred value actually makes settlement more difficult because people see the offering as an insult rather than a compromise. But we also found that making symbolic concessions of no apparent material benefit might open the way to resolving seemingly irresolvable conflicts. We offer suggestions for how negotiators can reframe their position by demonstrating respect, and/or by apologizing for what they sincerely regret. We also offer suggestions for how to overcome sacred barriers by refining sacred values to exclude outmoded claims, exploiting the inevitable ambiguity of sacred values, shifting the context, provisionally prioritizing values, and reframing responsibility. (shrink)

Suicide has long been the subject of philosophical, literary, theological and cultural–historical inquiry. But despite the diversity of disciplinary and methodological approaches that have been brought to bear in the study of suicide, we argue that the formal study of suicide, that is, suicidology, is characterized by intellectual, organizational and professional values that distinguish it from other ways of thinking and knowing. Further, we suggest that considering suicidology as a “social practice” offers ways to usefully conceptualize its epistemological, philosophical and (...) practical norms. This study develops the idea of suicidology as a social practice and considers the implications for research, practice and public discourse. (shrink)