In this short note, we discuss several aspectsof “dimensions” and the related constructof “factors”. We concentrate on those aspectsthat are relevant to articles in this specialissue, especially those dealing with the analysisof the wild animal cases discussed inBerman and Hafner's 1993 ICAIL article. We reviewthe basic ideas about dimensions,as used in HYPO, and point out differences withfactors, as used in subsequent systemslike CATO. Our goal is to correct certainmisconceptions that have arisen over the years.
The modern slavery literature engages with history in an extremely limited fashion. Our paper demonstrates to the utility of historical research to modern slavery researchers by explaining the rise and fall of the ethics-driven market category of “free-grown sugar” in nineteenth-century Britain. In the first decades of the century, the market category of “free-grown sugar” enabled consumers who were opposed to slavery to pay a premium for a more ethical product. After circa 1840, this market category disappeared, even though considerable (...) quantities of slave-grown sugar continued to arrive into the UK. We explain the disappearance of the market category. Our paper contributes to the on-going debates about slavery in management by historicizing and thus problematizing the concept of “slavery”. The paper challenges those modern slavery scholars who argue that lack of consumer knowledge about product provenance is the main barrier to the elimination of slavery from today’s international supply chains. The historical research presented in this paper suggests that consumer indifference, rather than simply ignorance, may be the more fundamental problem. The paper challenges the optimistic historical metanarrative that pervades much of the research on ethical consumption. It highlights the fragility of ethics-driven market categories, offering lessons for researchers and practitioners seeking to tackle modern slavery. (shrink)
In this paper, we examine the lawfulness of a proposal to provide elective ventilation to incompetent patients who are potential organ donors. Under the current legal framework, this depends on whether the best interests test could be satisfied. It might be argued that, because the Mental Capacity Act 2005 (UK) (and the common law) makes it clear that the best interests test is not confined to the patient's clinical interests, but extends to include the individual's own values, wishes and beliefs, (...) the proposal will be in the patient's best interests. We reject this claim. We argue that, as things currently stand, the proposal could not lawfully be justified as a blanket proposition by reference to the best interests test. Accordingly, a modification of the law would be necessary to render the proposal lawful. We conclude with a suggestion about how that could be achieved. (shrink)
Stanley Cavell's unique contributions to the study of epistemology, ethics, aesthetics, film, Shakespeare, and American philosophy have all received wide acclaim. But there has been relatively little recognition of the pertinence of Cavell's work to our understanding of political philosophy. The Claim to Community fills this gap with essays from a wide range of prominent American, English, French, and Italian philosophers and political theorists, as well as a lengthy response to the essays by Cavell himself. The topics covered include Cavell's (...) understanding of political community, philosophical anthropology, moral perfectionism, the positivist distinction between fact and value, political friendship, the differences between political and aesthetic disagreement, political romanticism, “the pursuit of happiness,” tragedy, and race. There are also evaluations of the ways Cavell's positions on these and other matters compare with those of Plato, Aristotle, Montaigne, Kant, John Stuart Mill, Thoreau, Nietzsche, Michel Foucault, Hannah Arendt, Carl Schmitt, Peter Winch, Wittgenstein, and Fred Astaire. This volume will be of great interest to political theorists and political philosophers, as well as to students of literature and film. (shrink)
What job should authorities give to review boards? We are grateful to Soren Holm, Rosamond Rhodes, Julian Savulescu and G Owen Schaefer for their thoughtful commentaries on our answer.1–4 Here we add to the discussion. Let us summarise the claims for which we argued.5 Relevant authorities can task boards with review for consistency with duly established code, thereby making code-consistent activities apt for approval and code-inconsistent activities apt for rejection. They can instead task boards with review for ethical acceptability, making (...) ethically acceptable activities apt for approval and ethically unacceptable activities apt for rejection. For every proposal a board might consider, these two different jobs establish different review bases, and their approvals and rejections also sometimes conflict. Some international and national statements require ECR, others instead require CCR, and others again seem either to require both or just to run the two together. Those responsible for these statements should make them clearer and better aligned here. For reasons of practicality, publicity and separation of powers, authorities do better to task boards with CCR and not ECR. These arguments also count against establishing any code with content that in effect collapses CCR into ECR. If our arguments withstand robust scrutiny, authorities should also remove ‘ethics’ and cognate terms from the names of these boards and their review activities and emphasise code expertise not ethics expertise in the required skill sets of boards. Our article noted that ‘ethical considerations informed the genesis of these boards and express their aspirations’. Rhodes similarly notes: ‘the authors and endorsers of research ethics codes, declarations and regulations … articulating the ethical standards for conducting human subject research’ and ‘This framework embeds the ethical parameters of human subject research into the moral missions of institutions’. Schaefer too …. (shrink)
This paper is a revalidation of Oliver Sacks's role in the development of medicine's narrative turn and, as such, a reinterpretation of the history of narrative in medicine. It suggests that, from the late 1960s, Sacks pioneered in his ‘Romantic Science’ a new medical mode that reunited the seemingly incommensurable art and science of medicine while also offering a way for medical humanities to shape clinical reasoning more effectively.
In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)
Portraits of patients served many clinical functions in eighteenth-century medic JohnHunter's medical practice. As incarnations of medical skills and medical knowledge, they helped Hunter understand his patients’ problems. They could also bridge the physical absence of his patients, and so help him discuss cases at a distance with other members of the medical faculty. Moreover, portraits complemented text in his day-to-day practice; portraits were in no way an ancillary medium for Hunter, but rather a fundamental (...) way of working. Meanwhile, the role of Hunter's assistants as medically trained artists complicates typical historical models of patient–practitioner interactions, and affects how patients were objectified by modes of looking and by art. (shrink)
The article reviews several books about philosophical isuuses including "Against Coherence: Truth, Probability, and Justification," by Olsson Erik J., "Fixing Frege," by Burgess John, "Events and Semantic Architecture," by Pietroski Paul M.
In this paper I expound and criticise the arguments of two leading exponents of critical ecological feminism. According to critical ecological feminism responsibility for the oppressions of the natural world and the oppressions of racism and sexism can be traced to a logic of domination that is based on suspect value dualities and presupposes an unacceptable ‘moral extensionism’. I argue firstly that critical ecological feminism's critique of value dualism presupposes the truth of the thesis that humans and non‐humans are morally (...) equal, a thesis for which it offers no persuasive arguments . Secondly I maintain that moral extensionism, contrary to the claims of critical ecological feminism, can support a genuine respect for the natural world. Finally I suggest that the arguments for one version of critical ecological feminism, in order to be made convincing, themselves require the truth of moral extensionism. (shrink)
In this work, I attempt a four-part task: to explicate Heidegger's notion of the Fourfold, to show its necessary relation to technology, to think the limit that separates these, and to show how this constellation of the Fourfold and technology escapes from the "metaphysics of presence" with which Heidegger has been charged. ;1. The Fourfold is the belonging together of Earth, Sky, Mortals, and Divinities. Heidegger inherits the components from Holderlin, but transforms then in his thought. The gathering of these (...) four goes to make up the presencing of a singular and delimited entity . Such a thing exists as unique and irreplaceable. ;2. This singular mode of presence is only understandable against the background of limitless technological circulation. Influenced by Ernst Junger, Heidegger sees technology as setting into place a world of instantaneous replacement and sameness. The name for this manner of replaceable presence is "Bestand ." ;3. The unworld of technology is no simple "opposite" to the Fourfold, however. Rather the two modes of presence belong together. Heidegger repeatedly emphasizes how there can never be a complete loss of world in the enframing of technology. Conversely, the Fourfold is never free of the Bestand. A play of revelation and concealment is operative here and intimately related to Heidegger's new notion of essence. I examine this intricate and intimate co-belonging of technology and the Fourfold. ;4. This interpretation is used to counter the charge that Heidegger would think in terms of metaphysical presence, i.e., in terms of complete, self-present, and pure presence. Such a charge is leveled in the early work of Jacques Derrida. I show that Heidegger's thinking is already a thought of the trace. Since there is consequently no total presence or absence for Heidegger , there can be no simple overcoming of metaphysics either. Metaphysics cannot be so easily left behind, but must undergo a transformation . This is nothing more than a recognition of the trace and its place at the limit of singular, finite existence. ;The first chapter treats the circulation of technology, the remaining four address in series the elements of the Fourfold. (shrink)
Published in 1918, _The View of Life_ is Georg Simmel’s final work. Famously deemed “the brightest man in Europe” by George Santayana, Simmel addressed a variety of topics across his essayistic writings, which have influenced scholars in aesthetics, ethics, epistemology, and sociology. Nevertheless, a set of core issues emerged over the course of his career, most centrally the genesis, structure, and transcendence of social and cultural forms and the nature and genesis of authentic individuality. Composed in the years before his (...) death, _The View of Life_ was, according to Simmel, his “testament,” a capstone work of profound metaphysical inquiry intended to formulate his conception of life in its entirety. Now Anglophone readers can at last read in full the work that shaped the argument of Heidegger’s _Being and Time_ and whose extraordinary impact on European intellectual life between the wars was extolled by Jürgen Habermas. Presented alongside these seminal essays are aphoristic fragments from Simmel’s last journal, providing a beguiling look into the mind of one of the twentieth century’s greatest thinkers. (shrink)
‘There is no place in the phenomenology of fully absorbed coping’, writes Hubert Dreyfus, ‘for mindfulness. In flow, as Sartre sees, there are only attractive and repulsive forces drawing appropriate activity out of an active body’1. Among the many ways in which history animates dynamical systems at a range of distinctive timescales, the phenomena of embodied human habit, skilful movement, and absorbed coping are among the most pervasive and mundane, and the most philosophically puzzling. In this essay we examine both (...) habitual and skilled movement, sketching the outlines of a multidimensional framework within which the many differences across distinctive cases and domains might be fruitfully understood. Both the range of movement phenomena which can plausibly be seen as instances of habit or skill, and the space of possible theories of such phenomena are richer and more disparate than philosophy easily encompasses. We seek to bring phenomenology into contact with relevant movements in psychological theories of skilful action, in the belief that phenomenological philosophy and cognitive science can be allies rather than antagonists. (shrink)
The essays in this volume offer an approach to the history of moral and political philosophy that takes its inspiration from John Rawls. All the contributors are philosophers who have studied with Rawls and they offer this collection in his honour. The distinctive feature of this approach is to address substantive normative questions in moral and political philosophy through an analysis of the texts and theories of major figures in the history of the subject: Aristotle, Hobbes, Hume, Rousseau, Kant (...) and Marx. By reconstructing the core of these theories in a way that is informed by contemporary theoretical concerns, the contributors show how the history of the subject is a resource for understanding present and perennial problems in moral and political philosophy. This outstanding collection will be of particular interest to historians of moral and political philosophy, historians of ideas, and political scientists. (shrink)
The principle of universal instantiation plays a pivotal role both in the derivation of intensional paradoxes such as Prior’s paradox and Kaplan’s paradox and the debate between necessitism and contingentism. We outline a distinctively free logical approach to the intensional paradoxes and note how the free logical outlook allows one to distinguish two different, though allied themes in higher-order necessitism. We examine the costs of this solution and compare it with the more familiar ramificationist approaches to higher-order logic. Our assessment (...) of both approaches is largely pessimistic, and we remain reluctantly inclined to take Prior’s and Kaplan’s derivations at face value. (shrink)
Expert skill in music performance involves an apparent paradox. On stage, expert musicians are required accurately to retrieve information that has been encoded over hours of practice. Yet they must also remain open to the demands of the ever-changing situational contingencies with which they are faced during performance. To further explore this apparent paradox and the way in which it is negotiated by expert musicians, this article profiles theories presented by Roger Chaffin, Hubert Dreyfus and Tony and Helga Noice. For (...) Chaffin, expert skill in music performance relies solely upon overarching mental representations, while, for Dreyfus, such representations are needed only by novices, while experts rely on a more embodied form of coping. Between Chaffin and Dreyfus sit the Noices, who argue that both overarching cognitive structures and embodied processes underlie expert skill. We then present the Applying Intelligence to the Reflexes (AIR) approach?a differently nuanced model of expert skill aligned with the integrative spirit of the Noices? research. The AIR approach suggests that musicians negotiate the apparent paradox of expert skill via a mindedness that allows flexibility of attention during music performance. We offer data from recent doctoral research conducted by the first author of this article to demonstrate at a practical level the usefulness of the AIR approach when attempting to understand the complexities of expert skill in music performance. (shrink)
In this paper; having somewhat arbitrarily adopted a general line of interpretation of Wittgenstein on forms of life in which the word ’life' is taken in a biological sense, I try to work out ways of being more specific than that, which are philosophically interesting, are consistent with Wittgenstein's uses of the expression form of life' and with other remarks of his that seem closely connected, and that take seriously both his disavowal of THESES in philosophy and his belief that (...) the job of philosophy is not to devise better theories, but to show how the problem itself arises from a particular kind of misunderstanding of language. A number of ways in which the idea of a form of life could play that sort of part are explored, for example the question how we know from which direction a sound comes, which we might initially have supposed to be answerable by reference to a calculation of the time difference in the arrival of a sound wave at one ear and then the other is rejected in favour of a supposition that the waves affect the nervous system and thereby causes us to look in the correct direction. This is an important difference. A neurologist might spend half a lifetime tracking down the nerves that calculate the direction, ana fail because no such calculation is done. Misdirected questions about identifying and locating pains, and about mastery are investigated, and finally Wittgenstein is depicted as holding that the nervous system, together with membership in a community provides all the assurance we need of the general correctness of calculations. (shrink)
Michael Walzer is one of the most distinguished political philosophers and social critics of this century. His ideas have had great import and influence in political philosophy and political discussion, yet very few of his ideas have been incorporated explicitly into the business ethics literature. We argue that Walzer’s work provides an important conceptual canvas for business ethics scholars that has not been adequately explored. Scholars in business ethics often borrow from political theory and philosophy to generate new insights and (...) develop new substantive contributions. Many valuable theoretical resources are already used extensively—particularly Aristotle, Kant, Marx and a variety of utilitarian philosophers. Walzer offers another set of resources to bring to the conversation of what business ethics is and how business ethicists add value. This paper provides an opportunity to delve further into Walzer’s writings, particularly themes that are tied to business ethics, and to illustrate how his ideas can be extended to reshape our understanding of the field and develop new perspectives on ethical issues in commerce. (shrink)
Joint actions often require agents to track others’ actions while planning and executing physically incongruent actions of their own. Previous research has indicated that this can lead to visuomotor interference effects when it occurs outside of joint action. How is this avoided or overcome in joint actions? We hypothesized that when joint action partners represent their actions as interrelated components of a plan to bring about a joint action goal, each partner’s movements need not be represented in relation to distinct, (...) incongruent proximal goals. Instead they can be represented in relation to a single proximal goal – especially if the movements are, or appear to be, mechanically linked to a more distal joint action goal. To test this, we implemented a paradigm in which participants produced finger movements that were either congruent or incongruent with those of a virtual partner, and either with or without a joint action goal (the joint flipping of a switch, which turned on two light bulbs). Our findings provide partial support for the hypothesis that visuomotor interference effects can be reduced when two physically incongruent actions are represented as mechanically interdependent contributions to a joint action goal. (shrink)
Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate that (...) systems for reasoning with this form of open texture can be built by integrating rule sets with neural networks trained with data collected from standard past cases. The obstacles to this approach include difficulties in generating explanations once conclusions have been inferred, difficulties associated with the collection of sufficient data from past cases and difficulties associated with integrating two vastly different paradigms. A knowledge representation scheme based on the structure of arguments proposed by Toulmin has been used to overcome these obstacles. The system, known as Split Up, predicts judicial decisions in property proceedings within family law in Australia. Predictions from the system have been compared to those from a group of lawyers with favourable results. (shrink)
Expert skill in music performance involves an apparent paradox. On stage, expert musicians are required accurately to retrieve information that has been encoded over hours of practice. Yet they must also remain open to the demands of the ever-changing situational contingencies with which they are faced during performance. To further explore this apparent paradox and the way in which it is negotiated by expert musicians, this article profiles theories presented by Roger Chaffin, Hubert Dreyfus and Tony and Helga Noice. For (...) Chaffin, expert skill in music performance relies solely upon overarching mental representations, while, for Dreyfus, such representations are needed only by novices, while experts rely on a more embodied form of coping. Between Chaffin and Dreyfus sit the Noices, who argue that both overarching cognitive structures and embodied processes underlie expert skill. We then present the Applying Intelligence to the Reflexes approach—a differently nuanced model of expert skill aligned with the integrative spirit of the Noices’ research. The AIR approach suggests that musicians negotiate the apparent paradox of expert skill via a mindedness that allows flexibility of attention during music performance. We offer data from recent doctoral research conducted by the first author of this article to demonstrate at a practical level the usefulness of the AIR approach when attempting to understand the complexities of expert skill in music performance. (shrink)
The Projectability Challenge states that a metaethical view must explain how ordinary agents can, on the basis of moral experience and reflection, accurately and justifiably apply moral concepts to novel situations. In this paper, we argue for two primary claims. First, paradigm nonnaturalism can satisfactorily answer the projectability challenge. Second, it is unclear whether there is a version of moral naturalism that can satisfactorily answer the challenge. The conclusion we draw is that there is an important respect in which nonnaturalism (...) holds an advantage over its most prominent naturalist rivals. The conclusion is interesting if only because it is widely assumed that naturalism has an easier time handling thorny problems in moral epistemology. We argue that there is at least one such problem of which this assumption is not true. (shrink)
In this paper we look at the manual analysis of arguments and how this compares to the current state of automatic argument analysis. These considerations are used to develop a new approach combining a machine learning algorithm to extract propositions from text, with a topic model to determine argument structure. The results of this method are compared to a manual analysis.
In attempting to build intelligent litigation support tools, we have moved beyond first generation, production rule legal expert systems. Our work integrates rule based and case based reasoning with intelligent information retrieval.When using the case based reasoning methodology, or in our case the specialisation of case based retrieval, we need to be aware of how to retrieve relevant experience. Our research, in the legal domain, specifies an approach to the retrieval problem which relies heavily on an extended object oriented/rule based (...) system architecture that is supplemented with causal background information. We use a distributed agent architecture to help support the reasoning process of lawyers. (shrink)
Page generated Wed Jul 28 20:43:40 2021 on philpapers-web-65948fd446-qrpbq
cache stats: hit=5480, miss=2678, save= autohandler : 1825 ms called component : 1801 ms search.pl : 1627 ms render loop : 1234 ms next : 653 ms addfields : 501 ms publicCats : 423 ms initIterator : 389 ms menu : 111 ms save cache object : 103 ms quotes : 57 ms retrieve cache object : 51 ms autosense : 41 ms match_cats : 37 ms prepCit : 35 ms search_quotes : 21 ms applytpl : 8 ms match_other : 2 ms intermediate : 2 ms match_authors : 1 ms init renderer : 1 ms setup : 0 ms auth : 0 ms writelog : 0 ms