To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality (...) lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law. (shrink)

What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend (...) on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory. (shrink)

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several (...) competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves. (shrink)

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several (...) competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves. (shrink)

During the battle of Iwo Jima in June 1944, Private First Class Jackylin Harold Lucas and three other U.S. Marines came under attack while making their way along a ravine. Upon seeing two grenades thrown near the soldiers, Lucas dove onto one grenade and pulled the other under his body, saving his companions from serious injury or death. Lucas survived, but his injuries were so grave that his companions left him for dead. Lucas’s act was one of spectacular and nearly (...) suicidal altruism. What does such an act show us about our nature and the human capacity for good and evil? Perhaps it offers a window onto our true nature—a nature ultimately good, though susceptible to corrupting influences. Or perhaps it seems extraordinary precisely because we are greedy and violent by nature but can, in rare instances, rise above those instincts. Questions about what human nature is and how we can learn about it are difficult to answer. They are difficult not just because humans are complex creatures whose behavior is deeply embedded in the cultural environment that they are a part of, but also because it is not obvious what a concept of human nature is supposed to do or what it is for. The concept of human nature is often used as a normative concept, one that can serve as a guide to action, showing us how we ought to behave. Less commonplace is an approach that seeks a descriptive account of human nature, one that characterizes what humans do and are disposed to do. I argue in this essay that the normative and descriptive approaches are at odds and that we should not expect a single concept of human nature to play both roles. Furthermore, there are deep problems with normative accounts. They often ignore or contradict the contemporary scientific worldview, and they often merely reflect biases about how we ought to be and what we ought to do. Human nature in this sense becomes politicized and serves in arguments about the moral status of issues like homosexuality, abortion, or biomedical enhancement. Because of the problems inherent in normative notions of human nature, I offer a descriptive alternative. My alternative attempts to align the scientific study of the human with human nature. (shrink)

This chapter contains sections titled: On Definition Theories of Gaming A Definition of Videogames.

Human nature is frequently evoked to characterize our species and describe how it differs from others. But how should we understand this concept? What is the nature of a species? Some take our nature to be an essence and argue that because humans lack an essence, they also lack a nature. Others argue for non-essentialist ways of understanding human nature, which usually aim to provide criteria for sorting human traits into one of two bins, the one belonging to our nature (...) and the other outside our nature. This Element argues that both the essentialist and trait bin approaches are misguided. Instead, the author develops a trait cluster account of human nature, which holds that human nature is based on the distribution of our traits over our (actual and possible) life histories. One benefit of this account is that it aligns human nature with the human sciences, rendering the central concern of the human sciences to be the study of human nature. (shrink)

Millions of scientific articles are published each year, making it difficult to stay abreast of advances within even the smallest subdisciplines. Traditional approaches to the study of science, such as the history and philosophy of science, involve closely reading a relatively small set of journal articles. And yet many questions benefit from casting a wider net: Is most scientific change gradual or revolutionary? What are the key sources of scientific novelty? Over the past several decades, a massive effort to digitize (...) the academic literature and equip computers with algorithms that can distantly read and analyze a digital database has taken us one step closer to answering these questions. The Dynamics of Science brings together a diverse array of contributors to examine the largely unexplored computational frontiers of history and philosophy of science. Together, they reveal how tools and data from automated textual analysis, or machine "reading," combined with methods and models from game theory and cultural evolutionary theory, can begin to answer fundamental questions about the nature and history of science. (shrink)

E. L. Grant Watson, an English field naturalist, zoologist, and one of England's best-loved nature writers, spent a lifetime trying to bring nature and consciousness into a unified, holistic vision that would establish meaning in the world without losing wonder. The questions raised by facts of nature inexplicable in terms of conventional theories, together with insights gained from a reading of Jung--as well as by a study of early Christian gnostic literature and the anthroposophy of Rudolf Steiner--brought him to (...) an imaginative perception of living things based on the conviction of the presence in all things of a spiritual reality. "Love is of man, but wisdom is of nature, and there are times when it almost seems that the author's secret--as perhaps it will one day be the secret of a reformed scientific method--is to stand aside and let the wisdom of nature herself speak through him. "-Owen Barfield. (shrink)

When do companies deserve moral credit for doing what is right? This question concerns the positive side of corporate moral responsibility, the negative side of which is the more commonly discussed issue of when companies are blameworthy for doing what is wrong. I offer a broadly functionalist account of how companies can act from morally creditworthy motives, which defuses the following Strawsonian challenge to the claim that they can: morally creditworthy motivation involves being guided by attitudes of “goodwill” for others, (...) and these attitudes involve affect and/or phenomenal consciousness, which corporate agents cannot maintain. In response, I show that what matters about being guided by attitudes of goodwill is being directly concerned for others in one’s practical deliberation. Companies can achieve this direct concern through their decision-making procedures without affect or phenomenal consciousness. I also explore how a company’s moral creditworthiness, or lack thereof, should shape stakeholders’ relationship with it. (shrink)

This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory has not (...) done what it claims to do: it has not justified state sovereignty to each person subject to it by demonstrating that they benefit from that authority. To be justified in contractarian terms, states have to do something to improve the living standards of disadvantaged people under their rule. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy, 'middle ground (MG)'. Like almost all fallacies, MG is prevalent because it closely resembles a non‐fallacious way of reasoning. In many disputes, especially when there is a spectrum of opinions, the truth often lies somewhere in between the most extreme views on either side. The fallacy is committed by people who don't listen to the reasons that have been offered by each side to defend their theories – they (...) simply assume that the truth is in the middle. The fallacy is the result of intellectual laziness. Fortunately, this is an easy fallacy to avoid. Simply keep in mind the fact that merely because someone asserts a theory, especially an extreme theory, this does not by itself provide evidence for any conclusion at all. (shrink)

This chapter contains sections titled: Van Inwagen's First Formalization.

This chapter contains sections titled: The Stories Games Tell Would You Kindly Put down That Wrench? Reconciling Games and Narratives.

This chapter deals with one of the common fallacies in Western philosophy called 'the gambler's fallacy (GF)'. GF is committed in the context of random, unconnected events. When (by chance) a certain outcome occurs very often in one period of time, the fallacious reasoner assumes that the opposite outcome will be more likely to occur in the future to “even out” the results. As with most fallacies, GF is prevalent because it is similar to a kind of good reasoning. This (...) chapter considers a case of flipping coin to understand this concept. GF covers situations where the results are based on chance. In a game of skill, for example, a streak may indicate the superiority of one player or team or it may cause the other players to adjust their strategy to stop the currently successful run. (shrink)

This chapter contains sections titled: How Can We Be Moved by the Fate of Niko Bellic? My Fear of Mutants The Role of the Emotions in Gaming.

This chapter contains sections titled: The Nature of Gaming What Are the Rules of This Game? Playing, Cheating, Fragging, and Griefing.

The prelims comprise: Half‐Title Page Wiley Series Page Title Page Copyright Page Dedication Page Table of Contents Acknowledgments.

This chapter contains sections titled: Welcome to Rapture Meet Niko Bellic Experiencing Game Worlds Acting in Game Worlds.

This chapter contains sections titled: The Problem with Crime Simulators Are Games Bad for You? On Being Offensive Sticking up for Videogames.

This chapter contains sections titled: Are Videogames Art? A Cluster Theory of Art The Art in Videogames New Art from Old Bottles.

This chapter contains sections titled: From Tennis for Two to Worlds of Warcraft Imaginary Worlds and Works of Fiction Fictional or Virtual? Interactive Fiction.

This is an interview with the philosopher Iain Hamilton Grant, author of Idealism: The history of a philosophy and Philosophies of Nature After Schelling.

The new art of videogames -- What are videogames anyway? -- On definition -- Theories of gaming -- A definition of videogames -- Videogames and fiction -- From tennis for two to worlds of warcraft -- Imaginary worlds and works of fiction -- Fictional or virtual? -- Interactive fiction -- Stepping into fictional worlds -- Welcome to rapture -- Meet niko bellic -- Experiencing game worlds -- Acting in game worlds -- Games through fiction -- The nature of gaming -- (...) What are the rules of this game? -- Playing, cheating, fragging, and griefing -- Videogames and narrative -- The stories games tell -- Would you kindly put down that wrench? -- Reconciling games and narratives -- Emotion in videogaming -- How can we be moved by the fate of Niko Bellic? -- My fear of mutants -- The role of the emotions in gaming -- The morality of videogames -- The problem with crime simulators -- Are games bad for you? -- On being offensive -- Sticking up for videogames -- Videogames as art -- Are videogames art? -- A cluster theory of art -- The art in videogames -- New art from old bottles. (shrink)

This paper expands the focus of ethical analysis to look at the basic approaches to strategy used by business firms. Using a set of criteria historically used to judge ethical issues, three strategy paradigms are evaluated in terms of their likely effects on society as well as the firm. From this analysis, recommendations are offered regarding the ethical pursuit of profit and suggestions made for future research into the relationship between strategy and ethics.

The usefulness of ‘realism’ in explaining Russia’s decision to invade Ukraine has become a keenly contested debate not only in International Relations but in wider public intellectual discourse since the onset of the war in February 2022. At the centre of this debate is the punditry of John J. Mearsheimer, a prominent offensive realist who is a Professor of International Relations at the University of Chicago. This article argues that although Mearsheimer is indeed a realist, his offensive realism is but (...) one of many different realist theories that can forward an explanation of the Ukraine War. Beyond the apparent hegemony of structural realism (the branch of realism to which Mearsheimer’s offensive realism belongs), it is argued that classical and neoclassical realist frameworks can provide more nuanced and, ultimately, convincing arguments as to why Russian President Vladimir Putin decided to invade Ukraine. This is because both classical and neoclassical realism can incorporate insights from non-realist studies—such as the concepts of civilization and ontological security—and combine them into an overarching power politics framework. Although neither classical nor neoclassical realism is flawless in their explanations, they demonstrate that realism does not just have to be about international power structures but can offer multivariate accounts of why a state, like Russia, decided to act, such as invading Ukraine. (shrink)

Fitness is a central concept in evolutionary theory. Just as it is central to biological evolution, so, it seems, it should be central to cultural evolutionary theory. But importing the biological fitness concept to CET is no straightforward task—there are many features unique to cultural evolution that make this difficult. This has led some theorists to argue that there are fundamental problems with cultural fitness that render it hopelessly confused. In this essay, we defend the coherency of cultural fitness against (...) those who call it into doubt. (shrink)

We introduce here evoText, a new tool for automated analysis of the literature in the biological sciences. evoText contains a database of hundreds of thousands of journal articles and an array of analysis tools for generating quantitative data on the nature and history of life science, especially ecology and evolutionary biology. This article describes the features of evoText, presents a variety of examples of the kinds of analyses that evoText can run, and offers a brief tutorial describing how to use (...) it. (shrink)

There are three related criteria that a concept of fitness should be able to meet: it should render the principle of natural selection non-tautologous and it should be explanatory and predictive. I argue that for fitness to be able to fulfill these criteria, it cannot be a property that changes over the course of an individual's life. Rather, I introduce a fitness concept--Block Fitness--and argue that an individual's genes and environment fix its fitness in such a way that each individual's (...) fitness has a fixed value over its lifetime. (shrink)

In the United States today, much interpersonal racism is driven by corrupt forms of self-preservation. Drawing from Jean- Jacques Rousseau, I refer to this as self-love racism. The byproduct of socially-induced racial anxieties and perceived threats to one’s physical or social wellbeing, self-love racism is the protective attachment to the racialized dimensions of one’s social status, wealth, privilege, and/or identity. Examples include police officer related shootings of unarmed Black Americans, anti-immigrant sentiment, and the resurgence of unabashed white supremacy. This form (...) of racism is defined less by the introduction of racism into the world and more on the perpetuation of racially unjust socioeconomic and political structures. My theory, therefore, works at the intersection of the interpersonal and structural by offering an account of moral complacency in racist social structures. My goal is to reorient the directionality of philosophical work on racism by questioning the sense of innocence at the core of white ways-of-being. (shrink)

In this essay I examine a well-known articulation of human nature skepticism, a paper by Hull. I then review a recent reply to Hull by Machery, which argues for an account of human nature that he claims is both useful and scientifically robust. I challenge Machery’s account and introduce an alternative account—the “life-history trait cluster” conception of human nature—that I hold is scientifically sound and makes sense of our intuitions about—and desiderata for—human nature.

Homology is a biological sameness relation that is purported to hold in the face of changes in form, composition, and function. In spite of the centrality and importance of homology, there is no consensus on how we should understand this concept. The two leading views of homology, the genealogical and developmental accounts, have significant shortcomings. We propose a new account, the hierarchical-dependency account of homology, which avoids these shortcomings. Furthermore, our account provides for continuity between special, general, and serial homology.

The study of animal culture is a flourishing field, with culture being recorded in a wide range of taxa, including non-human primates, birds, cetaceans, and rodents. In spite of this research, however, the concept of culture itself remains elusive. There is no universally assented to concept of culture, and there is debate over the connection between culture and related concepts like tradition and social learning. Furthermore, it is not clear whether culture in humans and culture in non-human animals is really (...) the same thing, or merely loose analogues that go by the same name. The purpose of this paper is to explicate core desiderata for a concept of culture and then to construct a concept that meets these desiderata. The paper then applies this concept in both humans and non-human animals. (shrink)

One contentious debate in the philosophy of biology is that between the statisticalists and causalists. The former understand core evolutionary concepts like fitness and selection to be mere statistical summaries of underlying causal processes. In this view, evolutionary changes cannot be causally explained by selection or fitness. The causalist side, on the other hand, holds that populations can change in response to selection—one can cite fitness differences or driftability in causal explanations of evolutionary change. But, on the causalist side, it (...) is often not clear how, precisely, one should understand these causes. Thus, much more could be said about what sort of causes fitness and driftability are. In this paper, I borrow Dretske's distinction between structuring and triggering causes and I suggest that fitness and driftability are structuring causes of evolution. (shrink)

This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...) required to decide cases on the basis that the earlier decision was correctly decided. (shrink)

In this paper, I argue (contra some recent philosophical work) that an objective distinction between natural selection and drift can be drawn. I draw this distinction by conceiving of drift, in the most fundamental sense, as an individual-level phenomenon. This goes against some other attempts to distinguish selection from drift, which have argued either that drift is a population-level process or that it is a population-level product. Instead of identifying drift with population-level features, the account introduced here can explain these (...) population-level features based on a property that I label driftability. Additionally, this account shows that biology’s “first law”—the Principle of Drift (Brandon, J Phil 102(7):319–335 2006)—is not a foundational law, but is a consequence of driftability. (shrink)

Innovation is a key component of most definitions of culture and intelligence. Additionally, innovations may affect a species' ecology and evolution. Nonetheless, conceptual and empirical work on innovation has only recently begun. In particular, largely because the existing operational definition (first occurrence in a population) requires long-term studies of populations, there has been no systematic study of innovation in wild animals. To facilitate such study, we have produced a new definition of innovation: Innovation is the process that generates in an (...) individual a novel learned behavior that is not simply a consequence of social learning or environmental induction. Using this definition, we propose a new operational approach for distinguishing innovations in the field. The operational criteria employ information from the following sources: (1) the behavior's geographic and local prevalence and individual frequency; (2) properties of the behavior, such as the social role of the behavior, the context in which the behavior is exhibited, and its similarity to other behaviors; (3) changes in the occurrence of the behavior over time; and (4) knowledge of spontaneous or experimentally induced behavior in captivity. These criteria do not require long-term studies at a single site, but information from multiple populations of a species will generally be needed. These criteria are systematized into a dichotomous key that can be used to assess whether a behavior observed in the field is likely to be an innovation. (shrink)

A major debate in the philosophy of biology centers on the question of how we should understand the causal structure of natural selection. This debate is polarized into the causal and statistical positions. The main arguments from the statistical side are that a causal construal of the theory of natural selection's central concept, fitness, either (i) leads to inaccurate predictions about population dynamics, or (ii) leads to an incoherent set of causal commitments. In this essay, I argue that neither the (...) predictive inaccuracy nor the incoherency arguments successfully undermine the causal account of fitness. 1 Introduction2 The Importance of Trait Fitness3 Trait Fitness is not a Silver Bullet4 The Fundamental Incoherency Argument5 Car Racing and Trait Fitness Reversals6 Population Subdivisions and Evolution7 The STP and the Argument for the Incoherency of the Causal Account of Fitness8 Conclusions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Videogames and Interactive FictionGrant TavinorIIn the third-person crime simulator Grand Theft Auto 3, the fictional performing of all sorts of criminal nuisance is a possibility. (Squeamish readers, or those that are adamant videogames are playing a decisive role in the moral degeneration of modern society might want to turn away now!) Here is one possibility for players of the game: while driving around in the rundown red-light district of (...) Portland Island, try stopping beside one of the women dressed in leather dresses and knee-high stockings who say things like "Have you ever been down south?" The fictional woman will bend down to the car window and eventually hop in. Now drive to a secluded area, stop the car, and wait. What happens? The car begins to rock up and down, slowly at first, and then more quickly, squeaking all the while. As it does, your health meter increases and the cash meter decreases. Eventually, after the car has stopped rocking, the prostitute exits and walks away. This is all obviously of questionable taste. But the really horrible part is that it is possible to mug the prostitute and take back your money!Though I am reluctant to tell you this, the first time I discovered the trick, I felt a sort of sadistic joy at my reprehensible behavior. Friends in the room at the time thought the whole incident hilarious; except for one who thought it extremely revolting. Perhaps now though, I feel guilty for what I did to the prostitute. (Hence my reluctance to let you know of my sinister fictional activities!) Of course, this episode raises a host of ethical questions; I will not attempt to answer them here. What I am interested in is the possibility of fictional interaction itself. The important point is that this fictive episode seems to show that it is possible in the case of videogames to feel guilty or ashamed for what one [End Page 24] does in a fictional world. But how is this possible? What does interacting with a videogame amount to that it allows for this intimate (and dubious) emotional connection?There is a wide and impressive literature in the analytic philosophy of the arts concerning the nature of fiction and the practice that surrounds it; this literature gives us an ideal theoretical basis from which to explore the topic of videogames. But also, videogames will allow us to return our attention to the theory, perhaps perceiving areas in which it can be improved, so as to become more generally applicable. I begin this paper by setting out some initial descriptive examples of the ways in which videogames are interactive fictions. After discussing an ambiguity in the notion of what it is to interact with a fiction, I deal with two prominent aspects of that interaction; that focused on fictive props, and the apparent interaction players have with fictional worlds. Next, I argue that the interactive nature of videogames alters the character of our interest in them. Rather than a focus on interpretive and sympathetic engagement with narratives, videogames involve their appreciators in an active engagement with the problem spaces or kinetic narratives of gameplay. Finally, I argue that because action and emotion are close cognitive bedfellows, and because emotion plays an important role in the psychology of fictive practice, that the emotions experienced by videogame players will be distinctive to that fictive form.IIVideogames provide their players with a variety of opportunities for interactive engagement. The last ten years have seen significant development in the extent of the fictive interactivity of videogames, especially with the advent of the "next generation" consoles such as Playstation 2 and X-Box, and the burgeoning genre of PC gaming. With the intention of providing some descriptive substance for the following theoretical discussions, in this section I present some examples of the ways in which modern videogames are interactive fictions, and how they differ to more traditional fictive forms in this respect.Many videogames involve exploring an environment. In Grand Theft Auto 3, the player, in the guise of a criminal protagonist, is able to explore the streets of Liberty City. Completing the objectives of the... (shrink)