[t. 1.] 1750-1830 -- [t. 2.] 1831-1864 -- [t. 3.] 1865-1895 -- [t. 4., zesz. 1.-2.] 1896-1918.

In this article I argue that the proper subjects of intangible property claims include medical records, genetic profiles, and gene enhancement techniques. Coupled with a right to privacy these intangible property rights allow individuals a zone of control that will, in most cases, justifiably exclude governmental or societal invasions into private domains. I argue that the threshold for overriding privacy rights and intangible property rights is higher, in relation to genetic enhancement techniques and sensitive personal information, than is commonly suggested. (...) Once the bar is raised, so‐to‐speak, the burden of overriding it is formidable. Thus many policy decisions that have been recently proposed or enacted – citywide audio and video surveillance, law enforcement DNA sweeps, genetic profiling, national bans on genetic testing and enhancement of humans, to name a few – will have to be backed by very strong arguments. (shrink)

Most contemporary interpreters of Aquinas have assumed that Thomas subscribed to a “non-repeatability principle” such that created entities, once destroyed entirely, cannot be “brought back" into existence, even by God's power. Souls persisting in the interim between death and resurrection thus play an essential identity-preserving role between our death and rising again. No separated souls, no resurrection. Two of Aquinas’s best medieval interpreters, however, reject this interpretation. Leaning largely on one of Aquinas’s late quodlibetal questions, they deny that Thomas held (...) any non-repeatability principle strong enough to bar God’s resurrecting us even from complete destruction, souls and all. Here the chapter argues that careful analysis of the quodlibet and other texts largely vindicates the contemporary interpretation. It does so in a surprising way, however, since it turns out Aquinas’s non-repeatability principle applies only to corruptible, material entities like us, and not to incorruptible entities like angels. The reason Aquinas held this view, the chapter argues, is rooted in his theory of individuation. (shrink)

In this article I argue that the proper subjects of intangible property claims include medical records, genetic profiles, and gene enhancement techniques. Coupled with a right to privacy these intangible property rights allow individuals a zone of control that will, in most cases, justifiably exclude governmental or societal invasions into private domains. I argue that the threshold for overriding privacy rights and intangible property rights is higher, in relation to genetic enhancement techniques and sensitive personal information, than is commonly suggested. (...) Once the bar is raised, so‐to‐speak, the burden of overriding it is formidable. Thus many policy decisions that have been recently proposed or enacted – citywide audio and video surveillance, law enforcement DNA sweeps, genetic profiling, national bans on genetic testing and enhancement of humans, to name a few – will have to be backed by very strong arguments. (shrink)

The law inevitably draws lines. These lines distinguish, for example, whether certain conduct reflects ordinary recklessness constituting manslaughter or more extreme recklessness constituting murder. There is no way to meaningfully draw such lines, however, absent shared ways of representing amounts of recklessness or at least knowledge of the consequences of drawing lines in particular places. Yet legal actors frequently draw lines in the dark, establishing cutoffs along a spectrum with little or none of the information required to do so in (...) a way that suits the law’s goals. For example, jurors must decide whether some conduct constitutes extreme recklessness without knowing prior precedent nor the sentencing consequences of drawing cutoffs in particular places. Judges and lawyers cite line drawing precedents from other jurisdictions without considering whether the lines drawn in prior cases had the same consequences as those in the case at bar. And scholars argue about how to classify conduct without making clear what consequences they believe ought to attach once the classification is made, leaving it hard to tell when scholars have substantive or simply superficial disagreements. In this Article, I discuss some line drawing problems and briefly suggest ways we can add meaning to cutoffs. More generally, I argue, we can “smooth” certain features of the law to both reduce our vulnerability to line drawing in the dark and improve the fit between the law and what our best theories of law recommend. Even when we cannot easily smooth the law, thinking about the law in a smoother fashion can help reduce the jurisprudential pathologies I describe. (shrink)

This paper focuses on the self-knowledge of emotions. I first argue that several of the leading theories of self-knowledge, including thetransparency method(see, e.g., Byrne 2018) andneo-expressivism(see, e.g., Bar-On 2004), have difficulties explaining how we authoritatively know our own emotions (even though they may plausibly account for sensation, belief, intention, and desire). I next consider Barrett’s (2017a) empirically informedtheory of constructed emotion. While I agree with her that we ‘give meaning to [our] present sensations’ (2017a, p.26), I disagree with her that (...) we construct our emotions, as this has some unwelcome implications. I then draw upon recent data from the science of emotions literature to advance a view I call partial first-person authority. According to this view, first-person authority with respect to our emotions is only partial: we can introspect and authoritatively know our own sensations, and beliefs, in ways others cannot; but we still need to interpret those sensations and beliefs, to know our emotions. Finally, I consider self-interpretational accounts of self-knowledge by Carruthers (2011) and Cassam (2014). I argue that while these accounts are implausible when applied to beliefs, desires, and intentions, they are more plausible when applied to our emotions. (shrink)

Dorit Bar-On develops and defends a novel view of avowals and self-knowledge. Drawing on resources from the philosophy of language, the theory of action, epistemology, and the philosophy of mind, she offers original and systematic answers to many long-standing questions concerning our ability to know our own minds. We are all very good at telling what states of mind we are in at a given moment. When it comes to our own present states of mind, what we say goes; an (...) avowal such as "I'm feeling so anxious" or "I'm thinking about my next trip to Paris," it is typically supposed, tells it like it is. But why is that? Why should what I say about my present mental states carry so much more weight than what others say about them? Why should avowals be more immune to criticism and correction than other claims we make? And if avowals are not based on any evidence or observation, how could they possibly express our knowledge of our own present mental states? Bar-On proposes a Neo-Expressivist view according to which an avowal is an act through which a person directly expresses, rather than merely reports, the very mental condition that the avowal ascribes. She argues that this expressivist idea, coupled with an adequate characterization of expression and a proper separation of the semantics of avowals from their pragmatics and epistemology, explains the special status we assign to avowals. As against many expressivists and their critics, she maintains that such an expressivist explanation is consistent with a non-deflationary view of self-knowledge and a robust realism about mental states. The view that emerges preserves many insights of the most prominent contributors to the subject, while offering a new perspective on our special relationship to our own minds. (shrink)

Henry Home (1696-1782) has been called "perhaps the most complete 'Enlightenment man' among the eighteenth-century Scottish thinkers." Kinsman and friend of David Hume, mentor and patron of Adam Smith, John Millar, and Thomas Reid, he was a key figure in that circle of luminaries. He read law, was called to the bar in 1723, was raised to the Bench of the Court of Session in 1752, with the title Lord Kames (the name of his family estate), and joined the (...) High Court of the Justiciary in 1763. Publishing broadly in law, history, philosophy, and criticism, Kames made significant contributions to the Enlightenment's science of human nature. The Essays is commonly considered Kames's most important philosophical work. In the first part, he sets forth the principles and foundations of morality and justice, attacking Hume's moral skepticism and addressing the controversial issue of the freedom of human will. In the second part, Kames focuses on questions of metaphysics and epistemology to offer a natural theology in which the authority of the external senses is an important basis for belief in the Deity. The text of this volume is based on the third edition of 1779, while the appendix presents substantial variant readings in the first and second editions. (shrink)

H. H. Price (1932) held that experience is essentially presentational. According to Price, when one has an experience of a tomato, nothing can be more certain than that there is something of which one is aware. Price claimed that the same applies to hallucination. In general, whenever one has a visual experience, there is something of which one is aware, according to Price. Call this thesis Item-Awareness.

Because families disrupt fair patterns of distribution and, in particular, equality of opportunity, egalitarians believe that the institution of the family needs to be defended at the bar of justice. In their recent book, Harry Brighouse and Adam Swift have argued that the moral gains of preserving the family outweigh its moral costs. Yet, I claim that the egalitarian case for abolishing the family has been over-stated due to a failure to consider how alternatives to the family would also (...) disturb fair distributions and, in particular, equality of opportunity. Absent the family, children would continue to be exposed to care-givers of different levels of ability, investment in childrearing and beneficial partiality. In addition, social mechanisms other than the family would lead to the accumulation of economic inequalities. Any kind of upbringing will fail to realise equality for reasons that go deeper than the family: our partiality and unequal abilities to nurture. (shrink)

The 'best-system' analysis of lawhood [Lewis 1994] faces the 'zero-fit problem': that many systems of laws say that the chance of history going actually as it goes--the degree to which the theory 'fits' the actual course of history--is zero. Neither an appeal to infinitesimal probabilities nor a patch using standard measure theory avoids the difficulty. But there is a way to avoid it: replace the notion of 'fit' with the notion of a world being typical with respect to a theory.

Contemporary discussions of self-knowledge share a presupposition to the effect that the only way to vindicate so-called first-person authority as understood by our folk-psychology is to identify specific “good-making” epistemic features that render our self-ascriptions of mental states especially knowledgeable. In earlier work, I rejected this presupposition. I proposed that we separate two questions: How is first-person authority to be explained? What renders avowals instances of a privileged kind of knowledge?In response to question, I offered a neo-expressivist account that, I (...) argued, is compatible with a variety of non-deflationary, substantive answers to question. Here I re-evaluate the relative merits of the neo-expressivist account in light of some recent attempts to capture first-person authority by appealing to the so-called transparency of mental self-attributions. I then canvass two recent appeals to transparency that give priority to question. Bearing in mind.. (shrink)

After offering a characterization of what unites versions of ‘expressivism’, we highlight a number of dimensions along which expressivist views should be distinguished. We then separate four theses often associated with expressivism – a positive expressivist thesis, a positive constitutivist thesis, a negative ontological thesis, and a negative semantic thesis – and describe how traditional expressivists have attempted to incorporate them. We argue that expressivism in its traditional form may be fatally flawed, but that expressivists nonetheless have the resources for (...) preserving what is essential to their view. These resources comprise a re-configuring of expressivism, the result of which is the view we call ‘neo-expressivism’. After illustrating how the neo-expressivist model works in the case of avowals and ethical claims, we explain how it avoids the problems of traditional expressivism. (shrink)

In the Typic chapter of the Critique of Practical Reason, Kant aims to enable moral judgment by means of the law of nature, which serves as the ‘type’, or formal analogue, of moral law. The present monograph is the first comprehensive study of this key text. It provides a detailed commentary on the Typic, situates it within Kant’s ethics and his theory of symbolic representation, and critically engages with the relevant secondary literature.

This essay reflects on issues raised by commentators regarding my book, The Atrocity Paradigm: A Theory of Evil (Oxford 2002). They are (1) Robin Schott's observation of the tension between my discussion of forgiveness and of castration fantasies; (2) Bat-Ami Bar On's questions regarding whether evil is ethical, political, or both; (3) Adam Morton's queries regarding the relative seriousness of evils and injustices; and (4) María Pía Lara's concerns regarding what is valuable in Kant's ethics.

Building on nearly eighty years of scientific work, The Handbook of Emotional Intelligence is the first definitive resource that brings together a stellar panel of academics, researchers, and practitioners, in the field. Sweeping in scope, the text presents information on the most important conceptual models, reviews and evaluates the most valid and reliable methods for assessing emotional intelligence, and offers specific guidelines for applying the principles of Emotional Intelligence in a variety of settings.

Chapter: Sense and Intentionality A: Reference and Sense — Preliminary Remarks Few people during Frege's lifetime paid due attention to his work and its ...

This collection, published in 1988, brings an innovative perspective to research in social cognition.

Almost four decades ago, Kathleen Pearson examined deceptive practices in sport using a distinction between strategic and definitional deception. However, the complexity and dynamic nature of sport is not limited to this dual-categorization of deceptive acts and there are other features of deception in sport unaccounted for in Pearson's constructs. By employing Torres’s elucidation of the structure of skills and Suits's concept of the lusory-attitude, a more thorough taxonomy of in-contest sport deception will be presented. Despite the ubiquitous presence of (...) deception in sport, few scholars have examined this concept in the sport philosophy literature since Pearson’s contribution. This paper hopes to advance a deeper understanding of deceptive practices in competitive sport and also comment on the ethical permissibility of certain sport skills from a moral perspective. (shrink)

This paper compares the enactive approach to perception, which has recently emerged in cognitive science, with the phenomenological approach. Inspired by Husserl and Merleau-Ponty, the enactive theorists Alva Noë and Evan Thompson take perception to be a result of the interaction between the brain, the body and the environment. Their argument turns mostly on the role of self-motion and sensorimotor knowledge in perceptual experience. It was said to be entirely consistent with phenomenology, indeed its revival. However, this issue is under (...) debate. To show this, I begin with analyzing the enactive conception as a physicalist attempt to overcome the challenge of dualism and representationalism. I then turn to Husserl’s transcendental method and argue that Noë’s solution, unlike Husserl’s, remains naturalistic, as it does not take the phenomenon of intersubjectivity and the constitution of the “cultural world” into account. Afterwards I turn to Merleau-Ponty and demonstrate that there is some certain common ground with Noë, but also major differences. I conclude that the enactive approach is not completely refuted by the phenomenological one, insofar as the latter partly contains the first. Yet the enactivists deal merely with the necessary physiological conditions of perception qua animal perception, not with the sufficient sociocultural conditions for the understanding of human perception, like the inquiry into the historical and linguistic circumstances under which the understanding of human mind is made possible. The reason why the recent transformation of phenomenology into neurophenomenology is perceived as a revival is virtually inherent to the specific scientific ethos of enactivism and reveals a certain oblivion of the objectives of philosophical phenomenology. (shrink)

If Savulescu's (2001, 2009) controversial principle of Procreative Beneficence (PB) is correct, then an important implication is that couples should employ genetic tests for non‐disease traits in selecting which child to bring into existence. Both defenders as well as some critics of this normative entailment of PB have typically accepted the comparatively less controversial claim about non‐disease traits: that there are non‐disease traits such that testing and selecting for them would in fact contribute to bringing about the child who is (...) expected to have the best life. We challenge this less controversial claim, not by arguing deductively for its falsity, but by showing that Savulescu's central argument for this presumably less controversial claim fails. Savulescu offers intelligence as the paradigm example of a testable non‐disease trait such that testing and selecting for it would increase the likelihood that the child selected would be the one who is expected to have the best life (or at least as good a life as the others). We provide a series of arguments aimed at demonstrating that Savulescu's argument from intelligence fails. If our arguments are successful, the upshot is not that PB is false, but more modestly, that the burden of proof remains squarely with Savulescu. (shrink)

The Cambridge Malting House, an experimental school, serves here as a case study for investigating the tensions within 1920s liberal elites between their desire to abandon some Victorian and Edwardian sets of values in favour of more democratic ones, and at the same time their insistence on preserving themselves as an integral part of the English upper class. Susan Isaacs, the manager of the Malting House, provided the parents – some of whom were the most famous scientists and intellectuals of (...) their age – with an opportunity to fulfil their ‘fantasy’ of bringing up children in total freedom. In retrospect, however, she deeply criticized those from their milieu for not fully understanding the real socio-cultural implications of their ideological decision to make independence and freedom the core values in their children’s education. Thus, 1920s progressive education is a paradigmatic case study of the cultural and ideological inner contradictions within liberal thought in the interwar era. The article also shows how psychoanalysis – which attracted many progressive educators – played a crucial role in providing liberals of all sorts with a new language to articulate their political visions, but, at the same time, explored the limits of the liberal discourse as a whole. (shrink)

Phenomenal intentionality is irreducible. Empirical investigation shows it is internally-dependent. So our usual externalist (causal, etc.) theories do not apply here. Internalist views of phenomenal intentionality (e. g. interpretationism) also fail. The resulting primitivist view avoids Papineau's worry that terms for consciousness are highly indeterminate: since conscious properties are extremely natural (despite having unnatural supervenience bases) they are 'reference magnets'.

The Subject of Violence is a critical investigation of violence and its subjectifying capacities. It both relies on and explores the work of Hannah Arendt. At its background are feminist concerns, but also concerns with violence that press against the feminist problematic and push its boundaries. The book's main project is ethico-political _understanding_ and, therefore, it is also about finding an ethico-political language for violence that escapes the standard idioms in which violence is spoken.

Phenomenal intentionality is irreducible. Empirical investigation shows it is internally-dependent. So our usual externalist (causal, etc.) theories do not apply here. Internalist views of phenomenal intentionality (e. g. interpretationism) also fail. The resulting primitivist view avoids Papineau’s worry that terms for consciousness are highly indeterminate: since conscious properties are extremely natural (despite having unnatural supervenience bases) they are ’reference magnets’.

In this paper, I compare and contrast two kinds of scepticism, Cartesian scepticism about the external world and Quinean scepticism about meaning. I expose Quine's metaphysical claim that there are no facts of the matter about meaning as a sceptical response to a sceptical problem regarding the possibility of our knowledge of meanings. I argue that this sceptical response is overkill; for the sceptical problem about our knowledge of meanings may receive a treatment similar to the naturalistic treatment Quine himself (...) offered for the problem of our knowledge of the external world. Further, I suggest that a naturalistic treatment of Quinean meaning scepticism may fare better than Quine's own naturalistic treatment of external world scepticism. (shrink)