This article examines the role culture plays in contract law. It demonstrates that even in contract law, the branch of law most committed to the ideal of individual autonomy, law’s reliance on culture makes compulsion by the law an unavoidable outcome. The concept of culture is applied to contract law in two principal ways. First, it attempts to explain the rise of objectivism in late nineteenth-century contract law as a manifestation of some central experiences prevalent in modern culture. Second, it (...) analyzes the role played by culture within the context of some of the central doctrines of contract law, namely, the doctrines on the formation and interpretation of contracts. (shrink)

The emphasis on the limitations of objectivity, in specific guises and networks, has been a continuing theme of contemporary analytic philosophy for the past few decades. The popular sport of baiting feminist philosophers — into pointing to what's left out of objective knowledge, or into describing what methods, exactly, they would offer to replace the powerful objective methods grounding scientific knowledge — embodies a blatant double standard which has the effect of constantly putting feminist epistemologists on the defensive, (...) on the fringes, on the run.This strategy can only work if objectivity is transparent, simple, stable, and clear in its meaning. It most certainly is not. In fact, taking objectivity as a sort of beautiful primitive, self-evident in its value, and all-powerful in its revelatory power, requires careless philosophy, and the best workers in metaphysics, epistemology, and philosophy of science have made reworked definitions of objectivity absolutely central to their own projects. In fact, classic feminist concerns with exploring the impact of sex and gender on knowledge, understanding, and other relations between human beings and the rest of the world fall squarely within the sort of human and social settings thatare already considered central in most current analytic metaphysics, epistemology, and philosophy of science. I argue that the burden of proof is clearly on those who wish toreject the centrality and relevance of sex and gender to our most fundamental philosophical work on knowledge and reality. (shrink)

What is the relation between a clay statue andthe lump of clay from which it is made? According to the defender of the standardaccount, the statue and the lump are distinct,enduring objects that share the same spatiallocation whenever they both exist. Suchobjects also seem to share the samemicrophysical structure whenever they bothexist. This leads to the standard objection tothe standard account: if the statue and thelump of clay have the same microphysicalstructure whenever they both exist, how canthey differ in their (...) de re temporalproperties, de re modal properties and soon? In this paper I develop amereological answer to this question – thestatue and the lump differ with respect totheir parts and this explains theirdifference with respect to de re temporalproperties, de re modal properties andthe like. (shrink)

E. J. Lowe; Coinciding objects: in defence of the ‘standard account’, Analysis, Volume 55, Issue 3, 1 July 1995, Pages 171–178, https://doi.org/10.1093/analys/5.

Weatherson argues that whoever accepts classical logic, standard mereology and the difference between vague objects and any others, should conclude that there are no vague objects. Barnes and Williams claim that a supporter of vague objects who accepts classical logic and standard mereology should recognize that the existence of vague objects implies indeterminate identity. Even though it is not clearly stated, they all seem to be committed to the assumption that reality is ultimately constituted by mereological atoms. This assumption is (...) not granted by standard mereology which instead remains silent on whether reality is atomic or gunky; therefore, I contend that whoever maintains classical logic, standard mereology and the difference between vague objects and any others, is not forced to conclude with Weatherson that there are no vague objects; nor is she compelled to revise her point of view according to Barnes and Williams’s proposal and to accept that the existence of vague objects implies indeterminate identity. (shrink)

The aim of the research is to identify the relationship between the performance criteria and the achievement of the objectives of supervision which is represented in the performance of the job at the Islamic University in Gaza Strip. To achieve the objectives of the research, the researchers used the descriptive analytical approach to collect information. The questionnaire consisted of (22) paragraphs distributed to three categories of employees of the Islamic University (senior management, faculty members, their assistants and members of the (...) administrative board). A random sample of 314 employees was selected, 276 responses were retrieved with a return rate of 88.1%. The SPSS program was used to enter, process, and analyze the data. The results of the study showed a positive relationship between the performance criteria and the achievement of the control objectives represented by the job performance in the Islamic University from the point of view of the members (senior management, faculty and their assistants and the administrative board). The researchers also recommended a number of recommendations, including the provision of an appropriate level of control system components today through the continuous updating and development of performance standards and the need to provide the necessary physical and financial resources to continue the development and achievement within the university. Expand the development of technology in the various activities of the university through the construction of a complete and integrated system to support the control systems in the university to suit its size. The researchers also recommended the follow-up, review of the performance standards and work to modify them in line with the mission of the university and the goals that the university seeks to reach. (shrink)

Qualitative research has tended to evoke rather stereotyped objections from the mainstream of social science. Ten standardized responses to the stimulus "qualitative research interview" are discussed: it is not scientific, not objective, not trustworthy, nor reliable, not intersubjective, not a formalized method, not hypothesis testing, not quantitative, not generalizable, and not valid. With the objections to qualitative interviews highly predictable, they may be taken into account when designing, reporting, and defending an interview study. As a help for new qualitative (...) researchers, some of the issues, concepts, and arguments involved are outlined, and the relevancy of the standard objections is discussed. Alternative conceptions of qualitative research, coming from phenomenological and hermeneutical traditions, are suggested. The qualitative interview based on conversation and interaction here appears as a privileged access to a linguistically constituted social world. (shrink)

In complex, pluralistic societies, different views concerning the moral duties of healthcare professionals inevitably exist: according to some accounts, doctors can and should cooperate in performing abortion or physician-assisted suicide, while according to others they should always defend human life and protect their patients’ health. It is argued that the very plurality of responses presently given to questions such as these provides a liberal argument in favour of conscientious objection, as an attempt to deal with moral diversity by protecting both (...) the professionals’ claim to moral integrity and the patients’ claim to receive lawful and safe medical treatments. A moderate view on CO is defended, according to which none of these claims can be credited with unconditional value. Claims to CO by healthcare professionals can be justified but must be subjected to a reasonableness standard. Both the incompatibility of CO with the medical profession and its unconditional sanctioning by conscience absolutism are therefore rejected. The paper contributes to the definition of the conditions of such reasonableness, particularly by stressing the role played by conceptions of good medicine in discriminating claims to CO; it is argued that respecting these conditions prevents from having the negative consequences dreaded by critics. The objection according to which accepting the physician’s duty to inform and refer is inconsistent with the professed value of moral integrity is also discussed. (shrink)

In my paper on moral responsibility and mental health disabilities, I defended the use of the standard of the reasonable person (SRP), adapted from W.O. Holmes’ famous account of responsibility in The Common Law (1881). This theory is meant to be applicable to all cases of moral responsibility assessment, but it is particularly apt for ascribing moral responsibility in cases of mental illness on a realist basis. This is because it has three distinctive advantages over the alternatives, that is, the (...) reasons view and the reflective-self view. Namely, (i) it avoids reliance on subjective data, which research in situationist psychology and neuroethics has shown to be elusive, unreliable, and relatively epistemically .. (shrink)

Mark Greenberg has suggested that there is a ‘standard picture’ of how law works, according to which the contribution that a legal text makes to the content of the law is constituted by the meaning...

This article focuses on a resonant debate initiated by the publication of Judith Jarvis Thomson’s groundbreaking article “On Defense of Abortion” in 1971. It is my contention that philosophers who argued against Thomson based on what has come to be called the “Responsibility Objection” did not fully examine the gender assumptions embedded in their logic. Rather than attempt to prove the flaw in the Responsibility Objection directly, I demonstrate it by applying the same logic used to discuss women’s responsibilities to (...) men to prove that it also supports forcing men to get a vasectomy. What I show is that the Responsibility Objection, when no longer clothed in a set of gendered assumptions, is not logically convincing. Further, given that the Responsibility Objection supports the logic the U.S. Supreme Court recently relied on in Dobbs vs. Jackson Women’s Health in overruling Roe vs. Wade, the examination of the flaws in this logic is timely and important. (shrink)

According to Wittgenstein, mathematical propositions are rules of grammar, that is, conventions, or implications of conventions. So his position can be regarded as a form of conventionalism. However, mathematical conventionalism is widely thought to be untenable due to objections presented by Quine, Dummett and Crispin Wright. It has also been argued that only an implausibly radical form of conventionalism could withstand the critical implications of Wittgenstein’s rule-following considerations. In this article I discuss those objections to conventionalism and argue that none (...) of them is convincing. (shrink)

My goal in this paper is, to tentatively sketch and try defend some observations regarding the ontological dignity of object references, as they may be used from within in a formalized language. -/- Hence I try to explore, what properties objects are presupposed to have, in order to enter the universe of discourse of an interpreted formalized language. -/- First I review Frege′s analysis of the logical structure of truth value definite sentences of scientific colloquial language, to draw suggestions from (...) his saturated vs. unsaturated sentence components paradigm. -/- Next try investigate, in how far reference to non pure math objects might allow for a role as argument of a truth value function. Object kinds to be considered are: common sense objects, technical objects, humanities object kinds (social, psychical, ...), objects of art, ... , be they abstract, concrete, or in this respect mixed objects. -/- Then have a comment on the just referenced label abstract objects. -/- Next try to get an idea wrt the ontological significance of the fact, that pure math objects and functions in some important classical cases can be uniquely defined by means of categorical theories. Here, in the course of my argument, I have a little corollary wrt the standard model of first order Peano arithmetic, reducing the epistemological significance of the existence of the non standard models. -/- Next, wrt a special concept of a formalized empirical theory, I care for whether the impure math objects and mixed objects described here, and complying best with truth value function mapping, are also reliable candidates for the ontological commitment of such theories: and discuss an alternative, which reduces the ontological significance of the universe of discourse of the theories intended models. -/- In the end I sum up what is - from my point of view - the status quo, according to my respective findings. (shrink)

The purpose here is to cast doubt on some utilitarian non‐rights‐based arguments that are generally thought to be decisive objections to voluntary and non‐voluntary euthanasia. The aim is not to prove that euthanasia is morally vindicated (although I think rights‐based arguments can do this) but rather to contend that such arguments, far from being decisively anti‐euthanasia, can be made to point equally in the opposite direction.

In Grimes v. Kennedy Krieger Institute (KKI), the Maryland Court of Appeals, while noting that U.S. federal regulations include risk standards for pediatric research, endorses its own risk standards. The Grimes case has implications for the debate over whether the minimal risk standard should be interpreted based on the risks in the daily lives of most children (the objective interpretation) or the risks in the daily lives of the children who will be enrolled in a given study (...) (the subjective interpretation). The court's use of the objective interpretation to block studies like the KKI study protects individual children who are worse off than the average child. Unfortunately, this approach also may block research intended to improve the lives of these same individuals. A similar dilemma arises in the context of multinational research, suggesting that a "modified objective standard," proposed to address this dilemma in the multinational setting, may offer a framework for addressing the dilemma in the context of pediatric research as well. (shrink)

The Wisconsin Supreme Court, after adopting the doctrine of the objective patient standard, expanded it in bold and innovative ways over nearly four decades, until the Wisconsin legislative and executive branches drastically reversed this course. The saga has implications for other jurisdictions considering adoption or expansion of the objective patient standard doctrine.

Objective reporting was once among the foundational norms of U.S. journalism. The emergence of alternative and economically successful partisan models exemplified by Fox News, talk radio, and a ran...

The evolutionist challenge to moral realism is the skeptical challenge that, if evolution is true, it would only be by chance, a “happy coincidence” as Sharon Street puts it, if human moral beliefs were true. The author formulates Street’s “happy coincidence” argument more precisely using a distinction between probabilistic sensitivity and insensitivity introduced by Elliott Sober. The author then considers whether it could be rational for us to believe that human moral judgments about particular cases are probabilistically sensitive to strongly (...) universal fundamental moral standards of cooperation and fair division. The author provides an explanation of why there would be a benign correlation between human moral judgments in particular cases and the requirements of strongly universal fundamental moral standards. The explanation of the benign correlation is based on group selection for groups of individuals with an egalitarian satisficing psychology and egalitarian norms, because of the ability of such groups to more efficiently solve gene-propagation collective action problems. (shrink)

Permissivism says that for some propositions and bodies of evidence, there is more than one rationally permissible doxastic attitude that can be taken towards that proposition given the evidence. Some critics of this view argue that it condones, as rationally acceptable, sets of attitudes that manifest an untenable kind of arbitrariness. I begin by providing a new and more detailed explication of what this alleged arbitrariness consists in. I then explain why Miriam Schoenfield’s prima facie promising attempt to answer the (...) Arbitrariness Objection, by appealing to the role of epistemic standards in rational belief formation, fails to resolve the problem. Schoenfield’s strategy is, however, a useful one, and I go on to explain how an alternative form of the standards-based approach to Permissivism – one that emphasizes the significance of the relationship between people’s cognitive abilities and the epistemic standards that they employ – can respond to the arbitrariness objection. (shrink)

This article examines how specific realist and projectivist versions of manipulability theories of causation deal with the problem of objectivity. Does an agent-dependent concept of manipulability imply that conflicting causal claims made by agents with different capacities can come out as true? In defence of the projectivist stance taken by the agency view, I argue that if the agent’s perspective is shown to be uniform across different agents, then the truth-values of causal claims do not vary arbitrarily and, thus, reach (...) a satisfactory level of objectivity. My argument connects Price’s considerations on the situation of deliberation, whose structure, common to all agents, is the same with respect to both decision making and causal claims on a concept inspired by Douglas’s classification of objectivity of thought processes: the perspective of the detached agent. I further argue that, despite his agent-independent concept of intervention, Woodward’s claim of a stronger objectivity standard cannot be achieved, as the relativity of causal concepts to a variable set brings about the issue of the agent’s choice of variables. Consequently, a more permissive objectivity standard applies to both views. (shrink)

What follows is a contribution to the theory of space and of spatial objects. It takes as its starting point the philosophical subfield of ontology, which can be defined as the science of what is: of the various types and categories of objects and relations in all realms of being. More specifically, it begins with ideas set forth by Aristotle in his Categories and Metaphysics, two works which constitute the first great contributions to ontological science. Because Aristotle’s ontological ideas were (...) developed prior to the scientific discoveries of the modern era, he approached the objects and relations of everyday reality with the same ontological seriousness with which scientists today approach the objects of physics. We shall seek to show that what Aristotle has to say about these commonsensical objects and relations can, when translated into more formal terms, be of use also to contemporary ontologists. More precisely, we shall argue that his ideas can contribute to the development of a rigorous theory of those social and institutional components of everyday reality – the settings of human behavior – which are the subject of this volume. When modern-day philosophers turn their attentions to ontology they begin not with Aristotle but rather, in almost every case, with a set-theoretic ontology of the sort which is employed in standard model-theoretic semantics. Set-theoretic ontology sees the world in atomistic terms: it postulates a lowest level of atoms or urelements, from out of which successively higher levels of set-theoretic objects are then constructed. The approach to ontology to be defended here, in contrast, starts not with atoms but with the mesoscopic objects by which we are surrounded in our normal day-to-day.. (shrink)

: In Grimes v. Kennedy Krieger Institute (KKI), the Maryland Court of Appeals, while noting that U.S. federal regulations include risk standards for pediatric research, endorses its own risk standards. The Grimes case has implications for the debate over whether the minimal risk standard should be interpreted based on the risks in the daily lives of most children (the objective interpretation) or the risks in the daily lives of the children who will be enrolled in a given (...) study (the subjective interpretation). The court's use of the objective interpretation to block studies like the KKI study protects individual children who are worse off than the average child. Unfortunately, this approach also may block research intended to improve the lives of these same individuals. A similar dilemma arises in the context of multinational research, suggesting that a "modified objective standard," proposed to address this dilemma in the multinational setting, may offer a framework for addressing the dilemma in the context of pediatric research as well. (shrink)

According to Schopenhauer’s compensation argument for pessimism, the non-existence of the world is preferable to its existence because no goods can ever compensate for the mere existence of evil. Standard interpretations take this argument to be based on Schopenhauer’s thesis that all goods are merely the negation of evils, from which they assume it follows that the apparent goods in life are in fact empty and without value. This article develops a non-standard variant of the standard interpretation, which accepts the (...) relevance of the negativity thesis but rejects that the argument assumes that life’s goods are all empty and valueless. Instead, it argues that whatever value negative goods might possess, they do not have the kind of value to compensate for positive evils. This involves additional development of the negativity thesis and a defence of it against objections from Byron Simmons (2021). (shrink)

Benjamin Callard has recently suggested that causation between Platonic objects—standardly understood as atemporal and non-spatial—and spatio-temporal objects is not ‘a priori’ unintelligible. He considers the reasons some have given for its purported unintelligibility: apparent impossibility of energy transference, absence of physical contact, etc. He suggests that these considerations fail to rule out a priori Platonic-object causation. However, he has overlooked one important issue. Platonic objects must causally affect different objects differently, and different Platonic objects must causally affect the same objects (...) differently. How are Platonic objects—ones outside space and time—supposed to do that? CiteULike Connotea Del.icio.us What's this? (shrink)

The classification of algebraic surfaces by the Italian School of algebraic geometry is universally recognized as a breakthrough in 20th-century mathematics. The methods by which it was achieved do not, however, meet the modern standard of rigor and therefore appear dubious from a contemporary viewpoint. In this article, we offer a glimpse into the mathematical practice of the three leading exponents of the Italian School of algebraic geometry: Castelnuovo, Enriques, and Severi. We then bring into focus their distinctive conception of (...) rigor and intuition. Unlike what is often assumed today, from their perspective, rigor is neither opposed to intuition nor understood as a unitary phenomenon – Enriques distinguishes between small-scale rigor and large-scale rigor and Severi between formal rigor and substantial rigor. Finally, we turn to the notion of mathematical objectivity. We draw from our case study in order to advance a multi-dimensional analysis of objectivity. Specifically, we suggest that various types of rigor may be associated with different conceptions of objectivity: namely, objectivity as faithfulness to facts and objectivity as intersubjectivity. (shrink)

In “All Play and No Work,” Andrew Kania claims that standard form jazz involves no works, only performances. This article responds to Kania by defending one of the alternative ontological proposals that he rejects, namely, that jazz works are ontologically continuous with works of classical music. I call this alternative “the standard view,” and I argue that it is the default position in the ontology of standard form jazz. Kania has three objections to the standard view. The bulk of the (...) article is devoted to explaining why none of these objections succeed. (shrink)

In Philosophical Investigations, Wittgenstein argues that we can neither say of the standard One Metre in Paris that it is a single metred length, nor that it is not. Kripke's reply to the puzzle is well known: the sentence expressing the assertion that the standard One Metre is one metre in length (at time t0) is a true, a priori and contingent sentence. In this paper, I would like to show the nature of the intuition that runs behind Kripke's reply (...) to the puzzle, and why, in the final analysis, it is not satisfactory, with respect to the point made by Wittgenstein. In addition, I will show that the case of the One Metre in Paris exemplifies the radical break Wittgenstein makes with traditional concepts of meaning. I then draw a general lesson that shows that the structure of concepts and functions (measures) in Wittgenstein is given by the idea of an arbitrary choice of "an object of comparison." Concepts and functions (measures) are materialised and internalised in the form of objects that are arbitrarily sampled from a sample space of same logical-type objects. (shrink)

This article analyzes the institutionalization of the global organic agriculture field and sheds new light on the conventionalization debate. The institutions that shape the field form a tripartite standards regime of governance that links standard-setting, certification, and accreditation activities, in a layering of markets for services that are additional to the market for certified organic products. At each of the three poles of the TSR, i.e., for standard-setting, certification, and accreditation, we describe how the corresponding markets were constructed over (...) time and the role of the different actors in their evolution. We analyze the politics at stake among the actors at each pole, their competing or cooperative interests and visions, and the tensions between them in the promotion of markets. Through the lens of the TSR heuristic, we show that the institutionalization of the organic field beginning in the 1990s and its de facto inclusion in the broader sustainability field beginning in the 2000s contribute to a progressive distancing between the organic movement and its initial political project of alterity, to which public and private actors both contribute actively. As a set of interlinked market institutions, the TSR orients and narrows the scope of debate, which becomes restricted to “market-compatible” dimensions and objects. We conclude that the TSR is a promising heuristic for analyzing contemporary global regulation. (shrink)

in a nervous system of a given species. This chapter provides a critical perspective on the role of connectomes in neuroscientific practice and asks how the connectomic approach fits into a larger context in which network thinking permeates technology, infrastructure, social life, and the economy. In the first part of this chapter, we argue that, seen from the perspective of ongoing research, the notion of connectomes as “complete descriptions” is misguided. Our argument combines Rachel Ankeny’s analysis of neuroanatomical wiring diagrams (...) as “descriptive models” with Hans-Joerg Rheinberger’s notion of “epistemic objects,” i.e., targets of research that are still partially unknown. Combining these aspects we conclude that connectomes are constitutively epistemic objects: there just is no way to turn them into permanent and complete technical standards because the possibilities to map connection properties under different modeling assumptions are potentially inexhaustible. In the second part of the chapter, we use this understanding of connectomes as constitutively epistemic objects in order to critically assess the historical and political dimensions of current neuroscientific research. We argue that connectomics shows how the notion of the “brain as a network” has become the dominant metaphor of contemporary brain research. We further point out that this metaphor shares (potentially problematic) affinities to the form of contemporary “network societies.” We close by pointing out how the relation between connectomes and networks in society could be used in a more fruitful manner. (shrink)

Democratic societies need media that uphold journalistic standards of truthfulness and objectivity. But sensationalism has always been a temptation for journalists, and given the intense competition between news outlets, especially in the online world, there is pressure on them to ‘chase the clicks’. The article analyzes the incentive structures for journalists – focusing on the harmfulness of sensationalist framing as an example – and the challenges of establishing shared standards in a highly competitive online environment. Drawing on concepts (...) and arguments from business ethics, it argues that the structure of this problem points to the need for an ‘ethics of sportsmanship’ that upholds journalistic standards despite competitive pressures. But the specific role and nature of the media imply that there can be no once‐and‐for‐all solution. Instead, there is a need for reflexivity, that is, for an ongoing dialogue about journalistic standards and the role of media in democratic societies. (shrink)

objects are standardly taken to be causally inert, but this claim is rarely explicitly argued for. In the context of his platonism about musical works, in order for musical works to be audible, Julian Dodd argues that abstracta are causally efficacious in virtue of their concrete tokens participating in events. I attempt to provide a principled argument for the causal inertness of abstracta by first rejecting Dodd’s arguments from events, and then extending and generalizing the causal exclusion argument to the (...) abstract/concrete distinction. For reasons of parsimony, if concrete tokens or instantiations of abstract objects account for all causal work, then there is no reason to attribute causal efficacy to abstracta, and thus reason to maintain their causal inertness. I then consider how one of the main arguments against causal exclusion, namely Stephen Yablo’s notion of “proportionality”, could be modified to support the causal efficacy of abstracta. I argue that from a few simple premises Yablo’s account in fact supports their causal inertness. Having a principled reason for the causal inertness of abstracta appears to entail that the musical platonist must admit that we never literally hear the musical work, but only its performances. I sketch a solution to this problem available to Dodd, so that the musical platonist can maintain that musical works are abstract objects and are causally inert while retaining their audibility. (shrink)

Rather than being inherently evil, business lobbying is a socially responsible activity which needs to be restrained by ethical standards. To be effective in a business environment, traditional ethical standards need to be translated into language which business persons can speak comfortably. Economical explanations must also be available to explain why ethical standards are appropriate in business. Eight such standards and their validating arguments are proposed with examples showing their use. Internal dialogues regarding the ethics of (...) lobbying objectives and tactics will plausibly occur only in businesses which recognize social responsibility mandates. Public interest stakeholders could hasten this recognition by making use of information made available by the Lobbying Disclosure Act of 1995 to institute external dialogues regarding lobbying by specific businesses and industry groups. Given practical ethical standards and the information on business lobbying provided by the law, the press, corporate activists, consumers, pension fund managers and the public can apply pressure for ethical lobbying practices. (shrink)