This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (shrink)

A hard choice is a situation in which an agent is unable to make a justifiable choice from a given menu of alternatives. Our objective is to present a systematic treatment of the axiomatic structure of such situations. To do so, we draw on and contribute to the study of choice functions that can be indecisive, i.e., that may fail to select a non-empty set for some menus. In this more general framework, we present new characterizations of two well-known choice (...) rules, the maximally dominant choice rule and the top-cycle choice rule. Together with existing results, this yields an understanding of the circumstances in which hard choices arise. (shrink)

Logical puzzles like the doctrinal paradox raise the problem of how to aggregate individual judgements into a collective judgement, or alternatively, how to merge collectively inconsistent knowledge bases. In this paper, we view judgement aggregation as a function on propositional logic valuations, and we investigate how logic constrains judgement aggregation. In particular, we show that there is no non-dictatorial decision method for aggregating sets of judgements in a logically consistent way if the decision method is local, i.e., only depends on (...) the individual judgements on the proposition under consideration. (shrink)

This paper makes a contribution to the further development of the game-theoretic analysis of rights. The model presented here differs in several respects from the existing models. First of all, a distinction is made between outcome-oriented and action-oriented rights, a distinction which is closely related to the distinction between active and passive rights. Second, the legal-theoretic notions of negative and positive rights are formally defined. Third, we not only discuss the definition of rights, but also the way rights can be (...) violated. Using the distinction between negative and positive rights on the one hand, and between active and passive rights on the other, four different types of basic rights are distinguished. For each of these rights, the situations in which they can be said to be respected are examined. We thereby distinguish two possible sources of obstruction: by (groups of) individuals, and by law. Finally, the question of the possible realization of rights is examined. Depending on how the problem of the possible mutual incompatibility of rights is addressed, two distinct approaches are examined. It turns out that in both approaches the possible realization of rights crucially depends on characteristics of the 'state of nature'. (shrink)

Recent theories of negative freedom see it as a value-neutral concept; the definition of freedom should not be in terms of specific moral values. Specifically, preferences or desires do not enter into the definition of freedom. If preferences should so enter then Berlin's problem that a person may enhance their freedom by changing their preferences emerges. This paper demonstrates that such a preference-free conception brings its own counter-intuitive problems. It concludes that these problems might be avoided if the description of (...) the constraints which specify an agent's lack of freedom include the intentions of those who constrain the agents. (Published Online July 31 2007) Footnotes1 Versions of this paper have been read to a diverse set of academics in Bayreuth, Germany; Groningen, Netherlands; LSE, UK; and in Dublin, Ireland. We would like to thank participants at those sessions for their comments. We also thank anonymous referees, Ian Carter and Luc Bovens for their help in improving the paper. (shrink)

The primary aim of this paper is to analyze the concept of degrees of causal contribution for actual events and examine the way in which it can be formally defined. This should go some way to filling out a gap in the legal and philosophical literature on causation. By adopting the conception of a cause as a necessary element of a sufficient set (the so-called NESS test) we show that the concept of degrees of causation can be given clear and (...) even empirical meaning. We then apply a game theoretical framework to derive a measure of causal contribution. Our favoured measure turns out to be a generalised version of the normalized Penrose-Banzhaf index of voting power. (shrink)

This paper presents a non-preference-based approach to the analysis of negative freedom. It is argued that a proper understanding of (different conceptions of) negative freedom necessitates an examination of the consequences of changes in the set of feasible alternatives. For this reason the paper does not focus on freedom rankings of opportunity sets but on freedom rankings of opportunity situations, i.e., pairs consisting of a feasible set and an opportunity set. Three different freedom rankings of opportunity situations are axiomatically characterised. (...) Each of the three rankings forms a generalisation of the purely cardinality-based freedom ranking of opportunity sets presented by Pattanaik and Xu (1990). (shrink)

This paper provides a methodologically original construction of Kant’s “Formula of Universal Law” . A formal structure consisting of possible worlds and games—a “game frame”—is used to implement Kant’s concept of a maxim and to define the two tests FUL comprises: the “contradiction in conception” and “contradiction in the will” tests. The paper makes two contributions. Firstly, the model provides a formal account of the variables that are built into FUL: agents, maxims, intentions, actions, and outcomes. This establishes a clear (...) benchmark for understanding how the mechanics of FUL actually work. Secondly, the analysis of the resulting framework sheds new light on discussions about the implications of FUL. On the basis of this, we suggest a move to “comprehensive Kantianism’, which is the application of FUL to systems of maxims rather than to isolated maxims. (shrink)

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they are mere negative liberties, something that (...) capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism. (shrink)

Dutch euthanasia legislation states that an act of euthanasia is only permissible if it is based on a voluntary request made in a situation of unbearable suffering to which there are no alternatives.The central question of this article is whether these criteria can be satisfied simultaneously. In an analysis of several (partly overlapping) definitions of voluntariness it is argued that there are circumstances in which this question should be answered negatively.The possible incompatibility of the criteria reveals a tension between different (...) defences of the permissibility of euthanasia. (shrink)

This paper presents a formal framework that purports to capture some aspects of Kant's theory of freedom. In particular, we argue that the analysis sheds further light on Kant's distinction between a negative and a positive concept of freedom. The paper shows that the two concepts are not equivalent: we not only argue that in a Kantian perspective negative freedom need not entail positive freedom, but also that there are situations in which a person can be said to be positively (...) but not negatively free (in a Kantian sense). (shrink)

The paradigm for modelling decision-making under uncertainty has undoubtedly been the theory of Expected Utility, which was first developed by von Neumann and Morgenstern (1944) and later extended by Savage (1954) to the case of subjective uncertainty. The inadequacy of the theory of Subjective Expected Utility (SEU) as a descriptive theory was soon pointed out in experiments, most famously by Allais (1953) and Ellsberg (1961). The observed departures from SEU noticed by Allais and Ellsberg became known as “paradoxes”. The Ellsberg (...) paradox gave rise, several years later, to a new literature on decision-making under ambiguity. The theoretical side of this literature was pioneered by Schmeidler (1989). This literature views the departures from SEU in situations similar to those discussed by Ellsberg as rational responses to ambiguity. The rationality is “recovered” by relaxing Savage's Sure-Thing principle and adding an ambiguity-aversion postulate. Thus the ambiguity-aversion literature takes a normative point of view and does consider Ellsberg-type choices as behavioural “anomalies”. (shrink)

SOCREAL 2010: 2nd International Workshop on Philosophy and Ethics of Social Reality. Sapporo, Japan, 2010-03-27/28. Session 3: Responsibility and Collective Agency.

This content analysis examines the ways that genocide is included in the high school world history content standards of eleven states with legislative mandates requiring genocide education, as well as if the content standards in those states differ from those of states without mandated genocide education. The null curriculum theorizes that the content that is not taught may be as important as what is taught; this lens allows for a nuanced analysis of the ways that genocide is included and excluded (...) in state standards. The findings suggest that states with legislative mandates requiring genocide education do not necessarily have high school world history content standards that require genocide education. The content standards in states with legislative mandates often omit acts of genocide, refrain from using the term “genocide,” and frame genocides as less important than the Holocaust, perpetuating the null curriculum of genocides. (shrink)

For many physicists quantum theory contains strong conceptual difficulties, while for others the apparent conclusions about the reality of our physical world and the ways in which we discover that reality remain philosophically unacceptable. This book focuses on recent theoretical and experimental developments in the foundations of quantum physics, including topics such as the puzzles and paradoxes which appear when general relativity and quantum mechanics are combined; the emergence of classical properties from quantum mechanics; stochastic electrodynamics; EPR experiments and Bell's (...) Theorem; the consistent histories approach and the problem of datum uniqueness in quantum mechanics; non-local measurements and teleportation of quantum states; quantum non-demolition measurements in optics and matter wave properties observed by neutron, electron and atomic interferometry. Audience: This volume is intended for graduate students of physics and those interested in the foundations of quantum theory. (shrink)

This paper relates the origin, the principles and the evolution of the financial participation in HBK-Spaarbank. This participation in the capital is concretized by the cooperative company Personnel Cooperative HBK. Founded in 1979, this cooperative company which represents all workers of HBK-Spaarbank has now become a very significant shareholder. At present it owns 22.50% of the capital of the savings bank.

The animalist says we are animals. This thesis is commonly understood as the universal generalization that all human persons are human animals. This article proposes an alternative: the thesis is a generic that admits of exceptions. We defend the resulting view, which we call ‘generic animalism’, and show its aptitude for diagnosing the limits of eight case-based objections to animalism.

This study explores gratitude as a multidimensional and work-specific construct. Utilizing a sample of 625 employees from a variety of positions in a medium-sized school district in the United States, we developed and evaluated a new measure, namely the Work Gratitude Scale, which encompasses recognized conative, cognitive, affective, and social aspects of gratitude. A systematic, six-phased approach through structural equation modeling was used to explore and confirm the factorial structure, internal consistency, measurement invariance, concurrent, convergent, and discriminant validity of the (...) WGS. The results supported a 10-item measure with three dimensions: “grateful appraisals”, “gratitude toward others”, and “intentional attitude of gratitude”. Thereafter, first-order, second-order, and bifactor confirmatory models were estimated and compared. Work gratitude was found to be best described by a second-order construct with three underlying first-order dimensions. Measurement invariance was supported in relation to gender. Concurrent validity was supported in relation to two existing dispositional gratitude scales, namely the Gratitude Questionnaire and the Gratitude, Resentment, and Appreciation Scale. Convergent validity was supported in relation to the Core Self-Evaluations Scale and the Psychological Capital Questionnaire. Discriminant validity was supported in relation to various demographic factors such as age, gender, occupation, and tenure. The findings support the WGS as a multidimensional measure that can be used in practice to measure overall work-related gratitude and to track the effectiveness of gratitude-related workplace interventions. (shrink)