Animals do a wide range of work in our society, but they are rarely recognized as workers or accorded any labour rights, and their working conditions are often oppressive and exploitative. Drawing on law, ethics, and labour studies, the essays in this volume explore the potential and dangers of animal labour.

In order to protect nonhuman animals effectively, animal law must overcome many hurdles, be it the balance of human and nonhuman interests, the use paradigm, or narrow definitions of legal personhood or basic rights. A fact often overlooked in this uphill struggle is that the laws of most states recognize that animals must be protected because and to the extent that they are sentient. The legal recognition of animal sentience seems to nullify all and any attempts to deny them legal (...) protection simply because they are not sufficiently appealing, emotionally close, or economically useful to us. However, the legal recognition of animal sentience does not overcome all our cognitive prejudices about animals. Using a comparative law method and insights from moral philosophy, this article analyzes the nature and scope of the legal recognition of animal sentience. It identifies its advantages in challenging arbitrariness and inconsistency and championing intrinsic animal protection and points to the most pressing shortcomings, including some states’ refusal to commit themselves to animal sentience and remaining prejudices in society and science. In concluding, the article offers ways to address and remedy these shortcomings and points to ways in which the concept can be used more effectively by academics and practitioners. (shrink)

Switzerland is internationally known for its progressive animal laws and for its innovative tools in law enforcement. In 1992, the Canton of Zurich introduced a public lawyer vested with the task of representing animals’ interests in criminal procedure, known as the Animal Protection Lawyer. The APL had the power to access information about court proceedings, study pending court cases, and intervene on behalf of victim animals. This enforcement tool set a precedent across the world. It amounted to a recognition of (...) animals as de facto victims and created an “equality of arms” for human and animal parties in criminal procedure. In a historic move in 2014, the Zurich parliament removed the APL from office—by mistake, as some maintain. Meanwhile—unnoticed by many—the Canton of Berne maintained a state agency vested with the very same powers as those the APL had, called the Dachverband Berner Tierschutzorganisationen. Though the DBT operated as an established agency for over 2 decades, in August 2017, a criminal court in Berne denied the DBT standing, arguing that the laws conferring on it the right to represent animals violate the federal law on criminal procedure. In July 2018, the Supreme Court delivered its judgment, and effectively stripped the DBT of its rights to represent animals in criminal proceedings. This article describes these recent shifts in criminal animal law in detail and analyzes the sociopolitical factors that gave rise to them. Special attention is paid to the question of what is left for Switzerland as a role model in animal law given ongoing deregulations, particularly as recent cases in the United States point to an incremental emancipation of animals as victims. The article discusses current alternatives to the APL and the DBT and puts their promises under scrutiny. The analysis reveals that these alternatives skirt the main obstacles faced by animals in criminal procedure and threaten the democratic will of the Swiss people. Two alternatives are discussed that can help Switzerland overcome its insufficiencies: the organizational right to appeal and victim rights for animals in criminal procedure. Using these alternatives, the article calls for the global emancipation of animals as the proper victims of crimes and for furnishing them with correlating rights to enforcement, including rights to representation. (shrink)

Aristotle's defense of Dunamis -- Power and potentiality -- Rational and nonrational powers -- The priority of actuality -- Ontological hierarchy, normativity, and gender.

This paper argues that close personal relationships play an important role in our judgments about what is fair. I start with an explanation of leading theories of fairness, highlighting the potential for further work on the grounds of fairness. Next, I offer an account of close personal relationships as having the ability to generate legitimate and reasonable expectations of one or other party to a judgment about fairness, or both. I show how and when close personal relationships can ground fairness.

This article focuses on three themes concerning determinism and indeterminism. The first theme is observational equivalence between deterministic and indeterministic models. Here I discuss several results about observational equivalence and present an argument on how to choose between deterministic and indeterministic models involving indirect evidence. The second theme is whether Newtonian physics is indeterministic. I argue that the answer depends on what one takes Newtonian mechanics to be, and I highlight how contemporary debates on this issue differ from those in (...) the nineteenth century. The third major theme is how the method of arbitrary functions can be used to make sense of deterministic probabilities. I discuss various ways of interpreting the initial probability distributions and argue that they are best understood as physical, biological etc. quantities characterising the particular situation at hand. Also, I emphasise that the method of arbitrary functions deserves more attention than it has received so far. (shrink)

This book is a systematic reconstruction of Heidegger's account of time and temporality in Being and Time. The author locates Heidegger in a tradition of 'temporal idealism' with its sources in Plotinus, Leibniz, and Kant. For Heidegger, time can only be explained in terms of 'originary temporality', a concept integral to his ontology. Blattner sets out not only the foundations of Heidegger's ontology, but also his phenomenology of the experience of time. Focusing on a neglected but central aspect of (...) Being and Time, this book will be of considerable interest to all students of Heidegger both inside and outside philosophy. (shrink)

With Hegel’s metaphysics attracting renewed attention, it is time to address a long-standing criticism: Scholars from Marx to Popper and Habermas have worried that Hegel’s metaphysics has anti-individualist and authoritarian implications, which are particularly pronounced in his Philosophy of History, since Hegel identifies historical progress with reason imposing itself on individuals. Rather than proposing an alternative non-metaphysical conception of reason, as Pippin or Brandom have done, this article argues that critics are broadly right in their metaphysical reading of Hegel’s central (...) concepts. However, they are mistaken about what Hegel’s approach entails, when one examines the specific types of states discussed by the philosopher in his Philosophy of History. Even on a traditional metaphysical reading, Hegel is not only non-authoritarian; he also makes a powerful argument concerning freedom, whereupon the freest society involves collective oversight and the shaping of social structures so as to ensure that they benefit everybody. (shrink)

This article discusses an interpretation of Kant's conception of transcendental subjectivity, which manages to avoid many of the concerns that have been raised by analytic interpreters over this doctrine. It is an interpretation put forward by selected C19 and early C20 neo-Kantian writers. The article starts out by offering a neo-Kantian interpretation of the object as something that is constituted by the categories and that serves as a standard of truth within a theory of judgment. The second part explicates transcendental (...) subjectivity as the system of categories, which is self-referential and constitutes objects, in order to then evaluate this conception by means of a comparison with Hegel's absolute subject. Rather than delineating the differences between neo-Kantian writers, the article systematically expounds a shared project, which consists in providing the ultimate foundation for judgments by means of an anti-psychologist and non-metaphysical interpretation of transcendental subjectivity. (shrink)

The neo-Kantian Hermann Cohen is famously anti-empiricist in that he denies that sensations can make a definable contribution to knowledge. However, in the second edition of Kant’s Theory of Experience (1885), Cohen considers a proposition that contrasts with both his other work and that of his followers: a Kantian who studies scientific claims to truth—and the grounds on which they are made—cannot limit himself to studying mathematics and logical principles, but needs to also investigate underlying presuppositions about the empirical element (...) of science. Due to his subjectivist approach, Cohen argues, Kant not only failed to explain how scientific observation and experiments are possible, but also misconceived the role of the ideas, particularly the idea of a system of nature. (shrink)

It is argued that Heidegger should be seen as something of a Kantian Idealist. Like Kant, Heidegger distinguishes two standpoints (transcendental and empirical) which we can occupy when we ask the question whether natural things depend on us. He agrees with Kant that from the empirical or human standpoint we are justified in saying that natural things do not depend on us. But in contrast with Kant, Heidegger argues that from the transcendental standpoint we can say neither that natural things (...) do depend on us, nor that they do not. His reasons for saying this, however, represent an attempt to rework both Kant's temporal idealism and his temporal interpretation of the concept of an object (which shows up in Heidegger as a temporal interpretation of being). Heidegger suggests that Kant was led astray into a transcendental idealism about natural entities, because he did not understand the implications of transcendental idealism about being. (shrink)

Early in Being and Time Heidegger announces that the primary concept by means of which he aims to understand Dasein is the concept to which he gives the name ‘existence.’ But what is existence? Existence is, roughly, that feature of Dasein that its self-understanding is constitutive of its being what or who it is. In an important sense, this concept embodies Heidegger’s existentialism. At the center of existentialism lies the claim that humans are given their content neither by an ahistorical, (...) transcultural essence, nor by nature. Rather, Dasein itself determines this content in its act of self-understanding. Kierkegaard expressed this in his famous formulation that “The self is that which relates itself to itself;” Ortega in his catchy phrase, “Man has no nature;” and Sartre in his notorious proposition, “Existence comes before essence.” All of these dicta articulate the same idea. (shrink)

Many interpreters argue that irrational acts of exchange can count as rational and civic-minded for Hegel—even though, admittedly, the persons who are exchanging their property are usually unaware of this fact. While I do not want to deny that property exchange can count as rational in terms of ‘mutual recognition’ as interpreters claim, this proposition raises an important question: What about the irrationality and arbitrariness that individuals as property owners and persons consciously enjoy? Are they mere vestiges of nature in (...) Hegel’s system, or do they constitute a simple yet valid form of freedom that is not only a part of Hegel’s rational system of right, but its necessary starting point? I will argue the latter: The arbitrary, purely egoist self-definition of property owners is the simplest possible type of freedom for Hegel, which he dissects in order to show how the very arbitrary self-definition implicitly relies on an identity between persons, and hence foreshadows the more social forms of freedom Hegel will discuss later in his book. I make this argument by highlighting Hegel’s references to his discussion of atoms and freedom in his Logic of Being. (shrink)

Garrett Cullity contends that fairness is appropriate impartiality (See Cullity (2004) Chapters 8 and 10 and Cullity (2008)). Cullity deploys his account of fairness as a means of limiting the extreme moral demand to make sacrifices in order to aid others that was posed by Peter Singer in his seminal article ‘Famine, Affluence and Morality’. My paper is founded upon the combination of (1) the observation that the idea that fairness consists in appropriate impartiality is very vague and (2) the (...) fact that psychological studies show the self-serving bias is especially likely to infect one’s judgements when the ideas involved are vague. I argue that Cullity’s solution to extreme moral demandingness is threatened by these findings. I then comment on whether some other theories of fairness are vulnerable to the same objection. (shrink)

This chapter contains sections titled: Why Being and Time? The Temporality of Human Existence But Why Call It “Time?” Residual Issues: Authenticity and Historicality Temporality and Ontology.

I offer a revised interpretation of Heidegger's ontological idealism, his thesis that being, but not entities, depends on Dasein ? as well as its relationship to Kant's transcendental idealism. I build from my earlier efforts on this topic by modifying them and defending my basic line of interpretation against criticisms advanced by Cerbone, Philipse, and Carman. In essence, my reading of Heidegger goes like this: what it means to say that "being" depends on Dasein is that the criteria and standards (...) that determine what it is to be, and hence whether an item (or anything at all) is, are conceptually interwoven with, and hence conceptually dependent upon, a structure that could not obtain without Dasein (namely, time). For this reason, to ask whether entities (e.g., nature) would exist, even if we (Dasein) did not, is either to ask an empirical question with an obvious negative answer (viz., According to our best current theories, does everything depend causally upon us?), or to ask a meaningless question with no answer (viz., If we suspend or discount the standards and criteria that determine whether anything is, does anything exist?). In short, Heidegger is an empirical realist, but neither a transcendental idealist nor realist. (shrink)

This biography of Hypatia, the female philosopher and mathematician in Christian Egypt, provides background on her work and her life as an elite woman at this time. There are many myths about Hypatia, including her research, inventions and the impact of her murder, all based on a handful of contemporary resources. Through presenting the different theories and myths alongside the available evidence, this book will enable the reader to make their own interpretations about her life. Whilst the evidence does leave (...) many questions unanswered, this book provides the evidence as it stands, separating the myth from reality. There is very little published on Hypatia and she forms quite a niche market in the history of ancient Egypt. However, she is an interesting example of how multicultural Alexandria functioned at such an unstable political time, and provides anecdotal evidence of the atrocities that occurred. This book will appeal to scholars, lay people and political and religious researchers, and will show that the history of Egypt does not end at Cleopatra. (shrink)

While Hegel's metaphysics was long reviled, it has garnered more interest in recent years, with even the so-called non-metaphysical Hegelians starting to explicitly discuss Hegel’s metaphysical commitments. This brings up the old question: what are the social-philosophical implications of Hegel’s metaphysics? This chapter provides a unique answer to this question by contrasting the former non-metaphysical reading (as developed by Robert Pippin) with a traditional way of interpreting Hegel’s metaphysics and social philosophy, whose lineage includes not Wittgenstein, Sellars, or Brandom, but (...) rather Schelling, Marx, and Adorno. After discussing the two varieties of metaphysics (Sections 1–3), I will argue that a traditional metaphysical Hegel is more realist when it comes to assessing the power of social structures (Section 4), focused on structural freedom rather than agency (Sections 5 and 6), and more empowering for and lenient towards individuals who can make their interests count and are free to be irrational and egoist (Section 7). (shrink)

Patients have to be respected with dignity as the masters of their own lives. The problem, however, is that autonomy may become so dominant and the fundamental value of caring in professional nursing that the patient’s dignity is affected. The aim of this article is to point out some of the issues with the interplay between autonomy, also called self-management and dignity. Given voice to the patient perspective the background is provided by cases from research conducted through qualitative interviews with (...) patients and expanded by summarizing empirical research concerning the interplay between autonomy and dignity. The search strategy and the research question gave five empirical research papers and three theoretical studies and concept analyses. A concise overview of the relevant research contains information about all the major elements of the studies. The background research and an interpretative summary address new issues to be taken into account in dignity conserving care. (shrink)

Picking up on Marx’s and Hegel’s analyses of human beings as social and individual, the article shows that what is at stake is not merely the possibility of individuality, but also the correct conception of the universal good. Both Marx and Hegel suppose that individuals must be social or political as individuals, which means, at least in Hegel’s case, that particular interests must form part of the universal good. The good and the rational is not something that requires sacrificing one’s (...) interests for the community or denying one’s particular character so as to become an equal rational agent. Very much to the contrary, the rational or the common good is nothing but the harmonious structuring of particular interests. While Section I introduces Marx’s and Hegel’s conceptions of individual and social beings, Sections II and III discuss their respective views of individuality, and Sections IV and V discuss the notion of a universal good containing individual interests. (shrink)

The issue of shifting scales between the microscopic and the macroscopic dimensions is a recurrent one in the history of science, and in particular the history of microscopy. But it took on new dimensions in the context of early twentieth-century microscophysics, with the progressive realisation that the physical laws governing the macroscopic world were not always adequate for describing the sub-microscopic one. The paper focuses on the researches of Jean Perrin in the 1900s, in particular his use of Brownian motion (...) to produce evidence of the existence of atoms and in favour of the kinetic theory. His results were described by many contemporaries, and subsequently by historians, as the first direct proof of atomic and molecular reality. The paper examines the different strategies developed by Perrin for bridging the macro and sub-microphysical realms and making the latter accessible to the senses; even though neither atoms nor molecules were ever actually seen, and in fact very few visual representations were shown and published in connection with these experiments. This case provides a good example of how visualizing, representing and convincing could be interwoven in the production of evidence about the sub-microphysical realm circa 1900.Keywords: Jean Perrin; Brownian motion; Ultramicroscope; Evidence; Atom; Atomism. (shrink)

Although it is clear in Schelling's Freiheitsschrift that he takes an agent's atemporal choice between good and evil to be central to understanding human freedom, there is no consensus in the literature and no adequate account of how to understand this choice. Further, the literature fails to render intelligible how existential freedom is possible in the light of this atemporal choice. I demonstrate that, despite their differences, the dominant accounts in the literature are all guilty of these failings and argue (...) that this is due to their misunderstanding of Schelling's conception of the relationship between essence and form. After outlining what I take Schelling's account of this relationship to be, I return to the Freiheitsschrift to demonstrate that with this account in mind we can make intelligible Schelling's claims about the agent's atemporal act, and the possibility of existential freedom on his account. (shrink)

This study focuses on how moral aspects of purpose shape collaborative processes. It does so by analyzing the unfolding of 21 relationships between four nonprofits and their funders using a framework based on French pragmatist sociology to help uncover the deeply held, ideological and moral beliefs that underscore assumptions about what the overarching purpose of a collaborative effort is or should be. This study contributes to the literature on single and cross-sectoral collaboration by showing that the way partners handle and (...) reconcile differences about purpose is related to the forms of agreement likely to be achieved. It also suggests that certain forms of agreement are inherently more enduring than others. Taken as a whole, this study provides some plausible explanations as to why so many collaborations fail despite their seeming benefits for all the parties involved. (shrink)

In a criminal trial, a judge or jury needs to reason about what happened based on the available evidence, often including statistical evidence. While a probabilistic approach is suitable for analysing the statistical evidence, a judge or jury may be more inclined to use a narrative or argumentative approach when considering the case as a whole. In this paper we propose a combination of two approaches, combining Bayesian networks with scenarios. Whereas a Bayesian network is a popular tool for analysing (...) parts of a case, constructing and understanding a network for an entire case is not straightforward. We propose an explanation method for understanding a Bayesian network in terms of scenarios. This method builds on a previously proposed construction method, which we slightly adapt with the use of scenario schemes for the purpose of explaining. The resulting structure is explained in terms of scenarios, scenario quality and evidential support. A probabilistic interpretation of scenario quality is provided using the concept of scenario schemes. Finally, the method is evaluated by means of a case study. (shrink)

ABSTRACT When does a state of affairs constitute a harm to someone? Comparative accounts say that being worse off constitutes harm. The temporal version of the comparative account is seldom taken seriously, due to apparently fatal counterexamples. I defend the temporal version against these counterexamples, and show that it is in fact more plausible than the prominent counterfactual version of the account. Non-comparative accounts say that being badly off constitutes harm. However, neither the temporal comparative account nor the non-comparative account (...) can correctly classify all harms. I argue that we should combine them into a hybrid account of harm. The hybrid account is extensionally adequate and presents a unified view on the nature of harm. (shrink)

Patients in around 20 countries worldwide are now offered online access to at least some of their medical records. Access includes test results, medication lists, referral information, and/or the very words written by clinicians (so-called ‘open notes’). In this paper, I discuss the possibility of one unintended negative consequence of patient access to their clinical notes—the potential to increase ‘nocebo effects’. A growing body of research shows that nocebo effects arise by engaging perceptual and cognitive processes that influence negative expectancies, (...) and as a consequence, adverse health effects. Studies show that increased awareness about the side effects of medications, the framing of information and the socioemotional context of care can increase the risk of nocebo effects. Connecting research into the nocebo effect with open notes provides preliminary support for the hypothesis that patient access to clinical notes might be a forum for facilitating unwanted nocebo effects. Furthermore, current findings indicate that we might expect to see systematic differences in how nocebo effects are experienced among different patient populations. The ethical implications of the tension between transparency and the potential for harm are discussed, with an emphasis on what open notes might mean for justice and equity in clinical care for a range of already marginalised patient populations. I argue that to resolve these challenges does not thereby justify ‘closed notes’, and conclude with suggestions for how health systems and clinicians might adapt to this innovation to reduce the risk of potential nocebo effects arising via this novel route. (shrink)

This article discusses anglophone readings of G. W. F. Hegel against the backdrop of German-language scholarship. The article starts by differentiating types of metaphysics (I). Following a taxonomy introduced by Paul Redding, I then discuss Charles Taylor’s Christian-mystical (II), the so-called »non-metaphysical« (III) and the »revised metaphysical« reading (IV). Terry Pinkard’s work serves as an example of (III) and Stephen Houlgate’s as an example of (IV). I highlight problematic aspects of each reading that concern: the meaning of »reason in the (...) world« (II), the anti-relativist clout of Hegel’s philosophy (III) and the difference between the development of logical concepts and the empirical origin of the world and human thinking (IV). The text ends (V) by pointing to the social implications of each type of reading. (shrink)

David Hume is widely regarded as the greatest English thinker in the history of philosophy. His contributions to a huge range of philosophical debates are as important and influential now as they were in the eighteenth century. This book provides an introduction to the ideas of this hugely significant thinker.

« If there was one development we did not predict it was that, as well as getting larger, corpora would also get smaller! » McEnery et Wilson (2001 : 191) Doit-on qualifier de « petit corpus » tout corpus qui n’est pas grand? Et d’ailleurs, pourquoi faudrait-il se poser la question? Celle-ci peut paraître triviale mais elle signale un moment particulier des sciences du langage. L’informatique a permis l’établissement de grands corpus et le traitement d’impressionnantes quantités de données...

The core argument of this article is that Adorno adopts the distinction between an abstract and a concrete universal from Hegel and criticizes Hegel, on that basis, as abstract. The first two parts of the article outline that both thinkers take the abstract universal to be the form of a false type of knowledge and society, and the concrete universal to be a positive aim. However, as the third part argues, Adorno rejects how the concrete universal is understood in Hegel’s (...) philosophy and formulates a different conception of it. The fourth part questions if Adorno manages to overcome the problems he identifies in Hegel or whether they are inherent to the programme of dialectics both endorse. (shrink)

Researchers have begun to use response times to emotion items as an indirect measure of emotional clarity. Our first aim was to scrutinise the properties of this RT measure in more detail than previously. To be able to provide recommendations as to whether emotional intensity – as a possible confound – should be controlled for, we investigated the specific form of the relation between emotional intensity and RTs to emotion items. In particular, we assumed an inverted U-shaped relation at the (...) item level. Moreover, we analysed the RT measure’s convergent validity with respect to individuals’ confidence in their emotion ratings. As a second aim, we compared the predictive validity of emotional clarity measures with respect to daily emotion regulation. The results of three experience sampling studies showed that the association between emotional intensity and RT followed an inverted U shape. RT was in part related to confidence. Emotional clarity measures were unrelated to reappraisal. There was some evidence that lower emotional clarity was related to a greater use of suppression. The findings highlight that emotional intensity and squared emotional intensity should be controlled for when using the RT measure of emotional clarity in future research. (shrink)