After reviewing some of the difficulties caused by spam and summarizing the arguments of its defenders, this paper will focus on its present legal status. It will then dwell on spam from a moral point of view and address some of the ethical implications associated with transmitting this unsolicited commercial e-mail. It will attempt to sort out the conflicting rights involved and develop a viable case that even if we prescind from its social costs, spam is ethically questionable under certain (...) conditions. Moreover, given the current volume of spam and its negative impact on the Internet environment, the transmission of spam can also be characterized as an asocial act primarily because of the significant externalities which it generates. As a result, spam cannot be justified from the perspective of duty-based moral philosophies that emphasize the need to conform to the legitimate norms of the community. (shrink)

The browser wars case is a useful springboard for considering the principle of positive competition and the proper regulation of platform technologies. There are lessons to be culled about policy, the application of antitrust law, and the parameters of fair competition. We argue that despite Microsofts opportunistic exploitation of its proprietary code, policy makers should resist the temptation to mandate an open source code model. Vigilant anti-trust enforcement is a preferable alternative. But courts must refrain from using antitrust law to (...) favor small innovators or to constrain the economic protections inherent in intellectual property rights, since those rights are still needed to encourage innovation. On the other hand, despite the exigencies of competition, platform leaders should respect the norm of fair competition and refrain from the impulse to tilt the platform in their favor. Preservation of robust intellectual property rights, deft application of antitrust statutes, and principled competition represent the best prescription for social wealth in the New Economy. (shrink)

According to its supporters open source software is more secure and reliable than proprietary code, and even tends to foster more innovation. Its technical superiority can be linked to the ongoing peer review process which typifies the open source model. In addition, programs such as Linux offer a potential challenge to the hegemony of Microsoft. Open source holds out the possibility of restraining platform leaders such as Microsoft from acting opportunistically. Some even argue that the open source code model is (...) ethically superior to the proprietary model because of its transparency. Given these economic and social benefits, should government policy makers intervene, by tilting the playing field to open source programs? Would such government intervention truly be welfare‐enhancing? Before answering that question we note that some of the presumed technical and economic benefits of open source software are open to question. At the same time, the claims of moral superiority or social desirability are inflated and discount incentives necessary for software development. But even if this software were technically and morally superior, there is still no basis for government intervention. Our position is simple: the invisible hand of the market and not the visible hand of government should decide the fate of open source code. There is no identifiable market failure for the government to fix nor is there any plausible policy justification for giving open source software preferential treatment. (shrink)

The United States recognized intellectual property rights from its earliest days and included, in its constitution, a clause which expresses this, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." These few words found in Article 1, Section 8, Clause 8 have grown into a massive body of laws that govern works that were unimaginable to Thomas Jefferson and his contemporaries. Our question (...) today is very simple: is the latest metamorphosis of copyright law, the Digital Millennial Copyright Act of 1998, prudent policy? Specifically, we are concerned with three issues which critics have raised regarding this act: chilling effects on fair use, suppression of innovation, and overreach. We will also touch on the criticism which stresses that the DMCA further expands a system which increasingly and unfairly favors the content industries. This will be limited to illustrating extant tensions between copyright owners and society and also the difficulties law faces in keeping pace with the current, rapid and overwhelming technological and cultural change. We rely primarily on leading cases to establish the impact on fair use and innovation or to demonstrate over reach. (shrink)

Opstellen eerder verschenen in het Nederlands Tijdschrift voor rechtsfilosofie en rechtstheorie en in andere periodieken.

There are important similarities between moral thought and talk and thought and talk about gender: disagreements about gender, like disagreements about morality, seem to be intractable and to outstrip descriptive agreement; and it seems coherent to reject any definition of what it is to be a woman in terms of particular social, biological, or other descriptive features, just as it seems coherent to reject any definition of what it is to be good or right in terms of any set of (...) descriptive properties. These similarities give us reason to investigate the idea that, like moral thought and talk, gender thought and talk is inherently normative. This paper proposes a normative account of gender thought and talk in terms of fitting treatment. On this fitting treatment account, to judge that A is gender G is just to judge that it is fitting to treat A as a G. This account is a descriptive or hermeneutical account of our gender thought and talk rather than an ameliorative account of our gender concepts or a metaphysical account of gender properties in social metaphysics. This paper argues that other descriptive accounts of gender thought and talk face problems that the fitting treatment account overcomes. (shrink)

Der fünfte Band der Reihe trägt den Titel Ethik und Politik aus interkultureller Sicht. Neben einer begrifflichen, methodischen und inhaltlichen Klärung, was aus interkultureller Sicht bedeutet, werden in den verschiedenen Beiträgen ethische und politische Ansätze im heutigen Weltkontext der Philosophie erörtert. Interkulturell orientiertes philosophisches Denken weist alle Zentrismen zurück, ohne jedoch die jeweilige kulturelle Sedimentiertheit in Frage zu stellen. Folgerichtig wird so auch ein jeder Monismus abgelehnt. Das heutige Angesprochensein der Kulturen verlangt von uns, von den beiden Fiktionen einer totalen (...) Identität und völligen Differenz unter den ethischen und politischen Modellen Abschied zu nehmen. Die These von der Überlappung zielt auf das Wahrnehmen von grundsätzlichen Ähnlichkeiten und erhellenden Differenzen in den Ansätzen. Wer einen Pluralismus bejaht, muß auch bereit sein, im Geiste der Toleranz die unterschiedlichen Ansätze zur Ethik und Politik ernst zu nehmen. Wer den Konsens zu sehr betont, liebäugelt mit irgendeinem Identitätsmodell, vernachlässigt den Kompromiß. Tatsache ist jedoch, daß gerade Kompromisse zur Konfliktlösung beitragen. So sind die Beiträge dieses Bandes dem Ziel gewidmet, sowohl eine theoretische Begründung als auch eine praktische Bewältigung der interkulturellen Verständigung in Ethik und Politik zu leisten. (shrink)

Epistemic decision theorists aim to justify Bayesian norms by arguing that these norms further the goal of epistemic accuracy—having beliefs that are as close as possible to the truth. The standard defense of Probabilism appeals to accuracy dominance: for every belief state that violates the probability calculus, there is some probabilistic belief state that is more accurate, come what may. The standard defense of Conditionalization, on the other hand, appeals to expected accuracy: before the evidence is in, one should expect (...) to do better by conditionalizing than by following any other rule. We present a new argument for Conditionalization that appeals to accuracy‐dominance, rather than expected accuracy. Our argument suggests that Conditionalization is a rule of coherence: plans that conflict with Conditionalization don't just prescribe bad responses to the evidence; they also give rise to inconsistent attitudes. (shrink)

A popular argument is that peer disagreement about controversial moral topics undermines justified moral belief in a way that peer disagreement about non-moral topics does not undermine justified non-moral belief. Call this argument the argument for moral skepticism from peer disagreement. Jason Decker and Daniel Groll have recently made a companions in guilt response to this argument. Decker and Groll argue that if peer disagreement undermines justified moral belief, then peer disagreement undermines much non-moral justified belief; if the argument for (...) moral skepticism from peer disagreement succeeds, then a kind of non-moral skepticism holds too. And we should not hold that the status of such non-moral beliefs are undermined by peer disagreement. In this paper, I shows that Decker and Groll’s companions in guilt argument fails. I then draw out the implications of my argument for the epistemology of disagreement and the epistemology of moral disagreement more generally. For instance, I then argue that peer disagreement about morality does not undermine all justified moral belief but that peer disagreement about morality does preclude most moral beliefs from being justified and constituting knowledge in a way that peer disagreement about non-moral topics does not preclude most non-moral beliefs from being justified and constituting knowledge. (shrink)

In this article, we consider two independently appealing theories—the Growing-Block view and Humean Supervenience—and argue that at least one is false. The Growing-Block view is a theory about the nature of time. It says that past and present things exist, while future things do not, and the passage of time consists in new things coming into existence. Humean Supervenience is a theory about the nature of entities like laws, nomological possibility, counterfactuals, dispositions, causation, and chance. It says that none of (...) these entities are fundamental, since if they were, this would entail the existence of irreducible necessary connections between matters of fact. Instead, these entities supervene on a fundamental, non-nomological ‘Humean mosaic’ of property instances at spacetime points. We will further explain and motivate the Growing-Block view and Humean Supervenience in Sects. 2 and 3, but first, we turn to our master argument. (shrink)

I am interested in extending modal calculi by adding propositional quantifiers, given by the rules for quantifier introduction: provided that p does not occur free in A.

The author's motivation for constructing the calculi of this paper\nis so that time and tense can be "discussed together in the same\nlanguage" (p. 282). Two types of enriched propositional caluli for\ntense logic are considered, both containing ordinary propositional\nvariables for which any proposition may be substituted. One type\nalso contains "clock-propositional" variables, a,b,c, etc., for\nwhich only clock-propositional variables may be substituted and that\ncorrespond to instants or moments in the semantics. The other type\nalso contains "history-propositional" variables, u,v,w, etc., for\nwhich only history-propositional variables may (...) be substituted and\nthat correspond to maximally linearly ordered subsets of instants.\nThis second type is for tense logics in which time is not linear\nand where at any moment there may exist alternative future courses\nof events. Quantifiers are included in both types but only for clock-\nand history-propositional variables. However, these quantifiers are\ngiven an essentially substitutional interpretation. In addition,\nbesides each clock-propositional variable being true at exactly one\ninstant, the semantics requires that for each instant there be at\nleast one clock-propositional variable true at that instant, which\nin effect amounts to having each instant of the model "denoted" in\nthe formalism by some clock-propositional variable. Thus it is not\nsurprising that quantification over clock-propositional variables\nturns out to have a "well behaved first-order semantics" (p. 284).\n{One axiom relating history- with clock-propositions seems to need\nrevision: CKTauTbuAUabUba. Since the clock-propositional variables\nmight be true at the same instant the consequent should include an\nalternative, namely, LCab.} Besides the standard truth-functional\nand tense operators G,H,F,P, the author includes L for "it is\nalways the case that". The model-theoretic earlier-than relation\nordering instants and the semantic truth-at (an instant) relation\nare formalized by Uab and Taα (for a wff α) which\nare defined respectively as LCbPa (whenever the clock-proposition\nb is the case the clock-proposition a was the case) and LCaα\n(α is the case whenever the clock-proposition a is the case).\nBecause the future tense operators are definable in terms of U\nand T and the latter are definable in terms of L and P, the\ndual of H, the author notes that his completeness proofs can be\nrestricted to L and H as primitive and with the future tense\noperators used for other interpretations, especially Prior, A.'s\nindeterminist "it will be the case that", where time is not linear.\nThe author concludes with some rather technical observations showing\nthat "in ordinary tense logics the instants are nonstandard elements\nof the models. This provides", according to the author, "a semantic\npressure to build the instants into tense logic, so that they will\nappear as standard elements in the models" (p. 283). (shrink)

We show that five important elements of the ‘nomological package’— laws, counterfactuals, chances, dispositions, and counterfactuals—needn’t be a problem for the Growing-Block view. We begin with the framework given in Briggs and Forbes (in The real truth about the unreal future. Oxford studies in metaphysics. Oxford University Press, Oxford, 2012 ), and, taking laws as primitive, we show that the Growing-Block view has the resources to provide an account of possibility, and a natural semantics for non-backtracking causal counterfactuals. We show (...) how objective chances might ground a more fine-grained concept of feasibility, and furnished a places in the structure where causation and dispositions might fit. The Growing-Block view, thus understood, provides the resources to explain the close link between modality and tense, so that it predicts modal change as time passes. This account lets us capture not only what the future might hold for us, and also what might have been. (shrink)

Sociological and philosophical analysis of the role of will power upon the moral development of individuals.

This book is an attack on the widespread assumption that the mind has parts and that it is the interaction between these parts which accounts for the irrational behaviour displayed un self- deception and weakness of will.

Aim To study the views of people in a largely Muslim country, Kuwait, of the acceptability of a life-ending action such as physician-assisted suicide (PAS). Method 330 Kuwaiti university students judged the acceptability of PAS in 36 scenarios composed of all combinations of four factors: the patient's age (35, 60 or 85 years); the level of incurability of the illness (completely incurable vs extremely difficult to cure); the type of suffering (extreme physical pain or complete dependence) and the extent to (...) which the patient requests a life-ending procedure, euthanasia or PAS (no request, some form of request, repeated requests). In all scenarios, the patients were women who were receiving the best possible care. The ratings were subjected to cluster analysis and analyses of variance. Results Five clusters were found. For 44%, PAS was always very unacceptable, no matter what the circumstances. For 23%, it was unacceptable, but less so if the patient was older or requested it repeatedly. For 16%, it was unacceptable if the patient was young but was acceptable if the patient was elderly. For 5%, it was unacceptable if the patient had extreme pain but was acceptable if completely dependent. For 11%, it was unacceptable if the patient did not request it but acceptable if she did. Conclusion The majority of the Kuwaiti university students opposed PAS either categorically or with a slight variation according to circumstances. Nonetheless, a minority approved of PAS in some cases, particularly when the patient was elderly. (shrink)

Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...) fruitful way of understanding punishment's meaning and justification. Duff addresses such questions as how much sentences should be constrained by proportionality requirements; what modalities of punishment best communicate their intended meaning; and what decisionmaking procedures he envisions. This book will appeal to criminologists, philosophers, and others interested in theories of punishment. (shrink)

Gender discrimination and sexual harassment of female police officers by their male counterparts remain areas of liability where police departments appeared to have failed to effectively confront the nagging issues. However, the appreciable level of research conducted on these issues in the global North has not been matched by the South, where issues bordering on sexual violence have cultural underpinnings. Drawing from the case of the Nigeria Police Force, feminist analysis was used to explore the lived reality of 43 female (...) officers in a qualitative study. Participants expressed distress in abiding by structural discriminatory regulations against female officers which include non-admittance of married women into the force, forbidding unmarried officers from getting pregnant, and a stipulated minimum of three-year work period before a female officer can marry. Findings also indicated that participants suffer a variety of sexual harassment, intimidation, and, violence from their male colleagues, while they feel constrained in reporting their victimization. Important policy and practical implications requiring the Nigerian police to address hegemonic masculinity and promote gender equality were provided. (shrink)

Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...) want to focus my comments less on the details of Baron’s discussions of excuses in extra-legal contexts than on the implications of her discussion for our understanding of excuses in the criminal law. What light (if any, a sceptic might add) can such analyses of our extra-legal concepts and practices throw on legal concepts and doctrines? (shrink)

In [1, §4], my ‘proof’ that GH1 has the finite model property is incorrect; there are considerable obscurities towards the end of §1, particularly on p. 33; and I should have exhibited the finite models for GH1. In §1 of this paper I expand the analysis of the sub-directly irreducible models for GH1 which I give in §1 of [1]. In §2 I give a correct proof that GH1 has the finite model property. In §3 I exhibit these finite models (...) as models on certain ordered sets. (shrink)

The discovery of the microworld presented a serious trial for many systems of views held by mankind, including its logic. This world was found to lack the familiar solid bodies, the unchanging particles and interrelations between them, the reflection of which, in one way or another, is the logic of the macroscopic world. What elementary particle physics encountered in the microscopic world seemed illogical: the rest-mass of a particle equals zero; a part that is not smaller than the whole; a (...) particle that in diffraction experiments moved like a wave; and much else that was unusual and strange in the properties of elementary particles. One of these properties was actually so named by physicists — "strangeness.". (shrink)