This article relates to the CJEU’s understanding of the concept of the spouse in Case C-673/16 and its effect on the process of law application by Polish administrative courts. The authors considerations are based on the assumption that the CJEU’s interpretation of EU law in Coman and Others is of a dynamic-deliberative nature, based on functional rules, and that at the same it time takes into account a specific legal and socio-cultural context in which one of the fundamental freedoms guaranteed (...) by EU law is implemented. This judgment, as authors underline, confirms that a proper understanding of the current legal context of the concept of a spouse requires that the social and cultural context and the plurality of values arising from different lifestyles be taken into account in the application and interpretation of the law, all with a view to empowering the individual in his or her relationship with the State and raising the level of protection of human rights. Authors observe in the practice od Polish administrative courts that this CJEU’s judgment is important in the argumentative layer, but not decisive for the resolution of the case in specific situations where there is a need to address the effect of same-sex marriage in a case related to the implementation of the EU right to free movement. In this context authors consider whether the justification for rulings of administrative courts may be sought in John Gray’s concept of modus vivendi liberalism. (shrink)

Well–being, health and freedom are some of the many phenomena of interest to science whose definitions rely on a normative standard. Empirical generalizations about them thus present a special case of value-ladenness. I propose the notion of a ‘mixed claim’ to denote such generalizations. Against the prevailing wisdom, I argue that we should not seek to eliminate them from science. Rather, we need to develop principles for their legitimate use. Philosophers of science have already reconciled values with objectivity in several (...) ways, but none of the existing proposals are suitable for mixed claims. Using the example of the science of well-being, I articulate a conception of objectivity for this science and for mixed claims in general. _1_ Introduction _2_ What Are Mixed Claims? _3_ Mixed Claims Are Different _3.1_ Values as reasons to pursue science _3.2_ Values as agenda-setters _3.3_ Values as ethical constraints on research protocols _3.4_ Values as arbiters between underdetermined theories _3.5_ Values as determinants of standards of confirmation _3.6_ Values as sources of wishful thinking and fraud _4_ Mixed Claims Should Stay _4.1_ Against Nagel _5_ The Dangers of Mixed Claims _6_ The Existing Accounts of Objectivity _6.1_ The perils of impartiality _7_ Objectivity for Mixed Claims _8_ Three Rules _8.1_ Unearth the value presuppositions in methods and measures _8.2_ Check if value presuppositions are invariant to disagreements _8.3_ Consult the relevant parties _9_ Conclusion. (shrink)

Many studies have deduced subterranean dialogues between Hannah Arendt and Carl Schmitt from indirect evidence. This article uses new evidence from marginalia in Arendt’s copy of Nomos of the Earth and finds that she formed, but never published, an incisive critique of Schmitt’s geopolitics. Through an analysis of Arendt’s comments on the topics of soil, conquest, and contract, I show that Arendt deemed Schmitt’s theory to be imperialist and in contradiction with itself. Her reading of Schmitt prompts important new questions (...) regarding the scholarly use of Schmitt’s conception of nomos as a tool of critique against American empire in the post-9/11 era. The marginalia also suggests, against past scholarship, that Arendt thought justice should play a central role in politics. I propose that we look to Arendt’s own conception of nomos, which she developed later, in order to form an alternative geopolitics. Because of her focus on intersubjective world-building, Arendt’s nomos embraces contract and promise-mak... (shrink)

Do the new sciences of well-being provide knowledge that respects the nature of well-being? This book written from the perspective of philosophy of science articulates how this field can speak to well-being proper and can do so in a way that respects the demands of objectivity and measurement.

Scholars have long recognised the interest of the Stoics' thought on geometrical limits, both as a specific topic in their physics and within the context of the school's ontological taxonomy. Unfortunately, insufficient textual evidence remains for us to reconstruct their discussion fully. The sources we do have on Stoic geometrical themes are highly polemical, tending to reveal a disagreement as to whether limit is to be understood as a mere concept, as a body or as an incorporeal. In my view, (...) this disagreement held among the historical Stoics, rather than simply reflecting a doxographical divergence in transmission. This apparently Stoic disagreement has generated extensive debate, in which there is still no consensus as to a standard Stoic doctrine of limit. The evidence is thin, and little of it refers in detail to specific texts, especially from the school's founders. But in its overall features the evidence suggests that Posidonius and Cleomedes differed from their Stoic precursors on this topic. There are also grounds for believing that some degree of disagreement obtained between the early Stoics over the metaphysical status of shape. Assuming the Stoics did so disagree, the principal question in the scholarship on Stoic ontology is whether there were actually positions that might be called "standard" within Stoicism on the topic of limit. In attempting to answer this question, my discussion initially sets out to illuminate certain features of early Stoic thinking about limit, and then takes stock of the views offered by late Stoics, notably Posidonius and Cleomedes. Attention to Stoic arguments suggests that the school's founders developed two accounts of shape: on the one hand, as a thought-construct, and, on the other, as a body. In an attempt to resolve the crux bequeathed to them, the school's successors suggested that limits are incorporeal. While the authorship of this last notion cannot be securely identified on account of the absence of direct evidence, it may be traced back to Posidonius, and it went on to have subsequent influence on Stoic thinking, namely in Cleomedes' astronomy. (shrink)

In daily life, perceivers often need to predict and interpret the behavior of group agents, such as corporations and governments. Although research has investigated how perceivers reason about individual members of particular groups, less is known about how perceivers reason about group agents themselves. The present studies investigate how perceivers understand group agents by investigating the extent to which understanding the ‘mind’ of the group as a whole shares important properties and processes with understanding the minds of individuals. Experiment 1 (...) demonstrates that perceivers are sometimes willing to attribute a mental state to a group as a whole even when they are not willing to attribute that mental state to any of the individual members of the group, suggesting that perceivers can reason about the beliefs and desires of group agents over and above those of their individual members. Experiment 2 demonstrates that the degree of activation in brain regions associated with attributing mental states to individuals—i.e., brain regions associated with mentalizing or theory-of-mind, including the medial prefrontal cortex (MPFC), temporo-parietal junction (TPJ), and precuneus—does not distinguish individual from group targets, either when reading statements about those targets' mental states (directed) or when attributing mental states implicitly in order to predict their behavior (spontaneous). Together, these results help to illuminate the processes that support understanding group agents themselves. (shrink)

The focus of this paper is the discussion between supporters of the intentional account of SD and supporters of the causal account. Between these two options the author argues that SD is the unintentional outcome of intentional steps taken by the agent. More precisely, she argues that SD is a complex mixture of things that we do and that happen to us; the outcome is however unintended by the subject, though it fulfils some of his practical, though short-term, goals. In (...) her account, SD is produced after a fashion similar to those beneficial social phenomena which serve some collective purpose, are the product of human action, but not of human design, such as money, language and many social conventions; and similarly SD can be accounted by invisible hand explanation. The paper will critically analyze both the intentional and the causal accounts, and then present the invisible hand explanation which avoids the most puzzling aspect of the intentional view, while keeping the distinctiveness of SD in the realm of motivated irrationality. A brief discussion of the issue of responsibility for SD will conclude the paper. (shrink)

In this paper, we identify some key features of what makes something a disease, and consider whether these apply to pregnancy. We argue that there are some compelling grounds for regarding pregnancy as a disease. Like a disease, pregnancy affects the health of the pregnant person, causing a range of symptoms from discomfort to death. Like a disease, pregnancy can be treated medically. Like a disease, pregnancy is caused by a pathogen, an external organism invading the host’s body. Like a (...) disease, the risk of getting pregnant can be reduced by using prophylactic measures. We address the question of whether the ‘normality’ of pregnancy, its current necessity for human survival, or the value often attached to it are reasons to reject the view that pregnancy is a disease. We point out that applying theories of disease to the case of pregnancy, can in many cases illuminate inconsistencies and problems within these theories. Finally, we show that it is difficult to find one theory of disease that captures all paradigm cases of diseases, while convincingly excluding pregnancy. We conclude that there are both normative and pragmatic reasons to consider pregnancy a disease. (shrink)

Companies increasingly deploy artificial intelligence technologies in their personnel recruiting and selection process to streamline it, making it faster and more efficient. AI applications can be found in various stages of recruiting, such as writing job ads, screening of applicant resumes, and analyzing video interviews via face recognition software. As these new technologies significantly impact people’s lives and careers but often trigger ethical concerns, the ethicality of these AI applications needs to be comprehensively understood. However, given the novelty of AI (...) applications in recruiting practice, the subject is still an emerging topic in academic literature. To inform and strengthen the foundation for future research, this paper systematically reviews the extant literature on the ethicality of AI-enabled recruiting to date. We identify 51 articles dealing with the topic, which we synthesize by mapping the ethical opportunities, risks, and ambiguities, as well as the proposed ways to mitigate ethical risks in practice. Based on this review, we identify gaps in the extant literature and point out moral questions that call for deeper exploration in future research. (shrink)

Intuitively, we often see absences. For example, if someone steals your laptop at a café, you may see its absence from your table. However, absence perception presents a paradox. On prevailing models of perception, we see only present objects and scenes (Marr, Gibson, Dretske). So, we cannot literally see something that is not present. This suggests that we never literally perceive absences; instead, we come to believe that something is absent cognitively on the basis of what we perceive. But this (...) cognitive explanation does not do justice to the phenomenology. Many experiences of absence possess immediate, perceptual qualities. One may further argue that the ability to detect certain absences confers strong adaptive advantage and therefore must be as primitive and fundamental to humans as seeing positive things. I argue that we can literally see absences; in addition to representing objects, perception represents absences of objects. I present a model of seeing absence based on visual expectations and a visual matching process. The phenomenon of seeing absence can thus serve as an adequacy-test for a theory of perceptual content. If experiences of absence are possible, then we have another reason (following Siegel) to reject the view that perceptual content is restricted to colors and shapes. Furthermore, if the proposed account is correct, then we have grounds for dissociating seeing absence from other imagery-based phenomena termed “perceptual presence-in-absence” (Noë, Macpherson). (shrink)

This article investigates the challenges posed by the reliability of knowledge in neurophenomenology and its connection to reality. Neurophenomenological research seeks to understand the intricate relationship between human consciousness, cognition, and the underlying neural processes. However, the subjective nature of conscious experiences presents unique epistemic challenges in determining the reliability of the knowledge generated in this research. Personal factors such as beliefs, emotions, and cultural backgrounds influence subjective experiences, which vary from individual to individual. On the other hand, scientific knowledge (...) aims to uncover universal truths based on empirical observations and objective principles. Reconciling the subjective and objective realms presents a significant challenge in determining the reliability of knowledge generated through neurophenomenological research. This article aims to examine the inherent limitations and challenges of neurophenomenological research to shed light on the complexities involved in understanding the nature of knowledge itself. This article highlights that the ontological implications of the reliability of knowledge in neurophenomenology arise from the question of how subjective experiences relate to objective reality. Understanding the neural correlates and mechanisms behind subjective experiences can provide insight into the underlying ontological nature of consciousness. (shrink)

What sort of claims do scientific models make and how do these claims then underwrite empirical successes such as explanations and reliable policy interventions? In this paper I propose answers to these questions for the class of models used throughout the social and biological sciences, namely idealized deductive ones with a causal interpretation. I argue that the two main existing accounts misrepresent how these models are actually used, and propose a new account. *Received July 2006; revised August 2008. †To contact (...) the author, please write to: Department of Philosophy, University of Missouri, St. Louis, 599 Lucas Hall (MC 73), One University Blvd., St. Louis, MO 63121-4400; e-mail: [email protected]. (shrink)

Whole body gestational donation offers an alternative means of gestation for prospective parents who wish to have children but cannot, or prefer not to, gestate. It seems plausible that some people would be prepared to consider donating their whole bodies for gestational purposes just as some people donate parts of their bodies for organ donation. We already know that pregnancies can be successfully carried to term in brain-dead women. There is no obvious medical reason why initiating such pregnancies would not (...) be possible. In this paper, I explore the ethics of whole-body gestational donation. I consider a number of potential counter-arguments, including the fact that such donations are not life-saving and that they may reify the female reproductive body. I suggest if we are happy to accept organ donation in general, the issues raised by whole-body gestational donation are differences of degree rather than substantive new concerns. In addition, I identify some intriguing possibilities, including the use of male bodies–perhaps thereby circumventing some potential feminist objections. (shrink)

Many have argued that a rational agent's attitude towards a proposition may be better represented by a probability range than by a single number. I show that in such cases an agent will have unstable betting behaviour, and so will behave in an unpredictable way. I use this point to argue against a range of responses to the ‘two bets’ argument for sharp probabilities.

What makes a measure of well-being valid? The dominant approach today, construct validation, uses psychometrics to ensure that questionnaires behave in accordance with background knowledge. Our first claim is interpretive—construct validation obeys a coherentist logic that seeks to balance diverse sources of evidence about the construct in question. Our second claim is critical—while in theory this logic is defensible, in practice it does not secure valid measures. We argue that the practice of construct validation in well-being research is theory avoidant, (...) favoring a narrow focus on statistical tests while largely ignoring relevant philosophical considerations. (shrink)

Ever since F. H. Bradley first formulated his famous regress argument philosophers have been hard at work trying to refute it. The argument fails, it has been suggested, either because its conclusion just does not follow from its premises, or it fails because one or more of its premises should be given up. In this paper, the Bradleyan argument, as well as some of the many and varied reactions it has received, is scrutinized.

Louise Brown's birth in 1978 heralded a new era not just in reproductive technology, but in the relationship between science, cells, and society. For the first time, human embryos could be created, selected, studied, manipulated, frozen, altered, or destroyed, outside the human body. But with this possibility came a plethora of ethical questions. Is it acceptable to destroy a human embryo for the purpose of research? Or to create an embryo with the specific purpose of destroying it for research? In (...) an attempt to construct ethical and legal frameworks for the new era of cellular reprogramming, legislators and ethicists have tried to distinguish between different kinds of biological entity. We treat cells differently depending on whether they are human or animal, somatic cells or gametes, and on whether they are embryos or not. But this approach to the ethics of cellular reprogramming is doomed to failure for the simple reason that cellular reprogramming in itself destroys the distinctions that the law requires to function. In this article, we explore the historical trajectory of cellular reprogramming and its relationship with ethics and society. We suggest that the early hype of embryo research has not obviously fulfilled expectations, but since new avenues of research are continuously opening, it is hard to say definitely that these promises have been broken. We explore the forthcoming challenges posed by the creation of DNA from scratch in the laboratory, and the implications of this for understandings of identity, privacy, and reproduction. We conclude that while ethics used to seek answers in biological facts, this is no longer possible, and a new approach is required. (shrink)

The concept of ‘pareto superiority’ plays a central role in ethics, economics, and law. Pareto superiority is sometimes taken as a relation between outcomes, and sometimes as a relation between actions—even where the outcomes of the actions are uncertain. Whether one action is classed as (ex ante) pareto superior to another depends on the prospects under the actions for each person concerned. I argue that a person’s prospects (in this context) can depend on how that person is designated. Without any (...) constraints on acceptable designators, then, the concept of pareto superiority is ill defined and gives inconsistent results. I consider various ways of completing the definition and draw out some surprising implications. (shrink)

The 1994 US spectrum auction is now a paradigmatic case of the successful use of microeconomic theory for policy-making. We use a detailed analysis of it to review standard accounts in philosophy of science of how idealized models are connected to messy reality. We show that in order to understand what made the design of the spectrum auction successful, a new such account is required, and we present it here. Of especial interest is the light this sheds on the issue (...) of progress in economics. In particular, it enables us to get clear on exactly what has been progressing, and on exactly what theory has – and has not – contributed to that. This in turn has important implications for just what it is about economic theory that we should value. (shrink)

In applied ethics, and in medical treatment and research, the question of how we should treat others is a central problem. In this paper, I address the ethical role of assent in research involving human beings who lack capacity. I start by thinking about why consent is ethically important, and consider what happens when consent is not possible. Drawing on the work of the German philosopher Honneth, I discuss the concept of reification—a phenomenon that manifests itself when we fail to (...) observe or respond to our fellow humans’ need for recognition. I suggest that assent is a way of responding to this moral need for recognition, which exists independently of cognitive capacity. I will look at the circumstances in which consent cannot be obtained from human beings, and ask whether some of the same ethically important considerations that underpin the need for consent might be achieved through seeking assent. I discuss the ways in which this might be beneficial for researchers, for prospective research participants and for society at large. (shrink)

Positive polarity items (PPIs) are generally thought to have the boring property that they cannot scope below negation. The starting point of the paper is the observation that their distribution is significantly more complex; specifically, someone/something-type PPIs share properties with negative polarity items (NPIs). First, these PPIs are disallowed in the same environments that license yet type NPIs; second, adding any NPI-licenser rescues the illegitimate constellation. This leads to the conclusion that these PPIs have the combined properties of yet-type and (...) ever-type NPIs: what appears to be a prohibition is nothing but “halfway licensing”. The paper goes on to propose a unification of the analyses of rescuable PPIs, NPIs, and negative concord, and questions the grounding of polarity sensitivity in the scalar or the referential semantics of the items involved. (shrink)

In his treatise on dreams Somniorum Synesiorum Libri IIII, published in 1562, the Italian Renaissance philosopher and physician Girolamo Cardano distinguishes between idola and visiones. Historians have discussed the reasons for such a distinction without taking into account Cardano’s original theory of sense-perception. In this article I shall argue that, in order to interpret the meaning of idola and visiones in Cardano’s theory of dreams, one should bear in mind his view that hearing is superior to sight and that while (...) idola are essentially based on sound, visiones depend on images. (shrink)

This essay deals with Simon Evnine’s amorphic hylomorphism, and the bearings that considerations about modality might have on it. It is suggested that the assumption of amorphic hylomorphism makes an account of modality extensionally incorrect in the domain of natural, non-organic objects. It is further argued that, in the case of NNOs, the existence of real forms should be accepted and this conclusion is claimed to be consistent with scientific knowledge, on the basis of substance gradualism.

The paper presents the main ideas of French conventionalism as represented by Duhem, Poincaré and Le Roy. Clarified are some misunderstandings and misinterpretations on which the negative opinion on conventionalism is usually based. Conventionalism is presented as a source of the antipositivistic breakthrough. It thus led to the most important discussions in 20th century philosophy of science, which tended to undermine epistemological fundamentalism. The influence of conventionalism is shown - on European philosophy and specifically on Polish philosophy, especially on works (...) of K. Ajdukiewicz and his followers. (shrink)

The aim of the paper is to show the value of the reasonings guided by questions based on uncertain assumptions. The notion of a properly asked question is being redefined to include questions based on uncertain assumptions. As a result, the classification of simple reasonings, originally set up by K. Ajdukiewicz, is presented as more detailed. Moreover, the paper sets up the classification of complex reasonings.

The author is one of the pupils of Klemens Szaniawski. Szaniawski has lead a very active life as a scientist and a public activist. His public activity is quite well-known. His early period of life and scientific interests are not so well-known, however. And it is these latter matters that the author focuses on in her paper.

Predictiveness (or testability) can be ascribed to empirical hypotheses in different degrees. Seven reasons why predictiveness is gradable are outlined. They are reflected in seven ways in which hypotheses can be compared according to the degree of their predictiveness. Hence additional specifications are required to accept predictiveness as a criterion of whether given hypotheses are scientific. Generally speaking a new hypothesis has little, if any, predictive power. Its predictive power will increase as science progresses. Specific problems arise when the predictive (...) power is expected from social sciences. (shrink)

The paper is a reply to M. Trybulec's polemics Incommensurability vs Linguistic Relativity against A. Jedynak's views on linguistic relativism. Some points of Trybulec's paper are very unclear, others mistaken, however still others express quite interesting intuitions, worthy of further investigation. The latter have actually been put forth by A. Jedynak in her earlier book and paper, and can be expressed as follows: there are different levels of meaning and of translations; linguistic relativism should take this into account; the differences (...) between languages most difficult to overcome are of pragmatical and not semantical nature. (shrink)

Usually axiological systems and scientific theories are contrasted with each other. Significant differences between them are stressed: scientific theories purport to describe the world, while axiological systems do not. There is no common agreement as to what the values are and where one can find them. Scientific theories can be justified by experience, whereas axiological systems cannot and theorists differ as to how they should be justified. Scientific theories are to be true and useful, but it is not clear how (...) axiological systems should be evaluated. As far as scientific theories are concerned, commonly accepted procedures of their formulation, verification and evaluation have been established, whereas there are no such procedures for axiological systems. All this is taken to show that scientific theories are much better off than axiological systems.Although there is no denying that scientific theories and axiological systems can be contrasted with each other, there are also some important similarities between them, which are rarely mentioned, however. The author demonstrates far reaching analogies between the structure of scientific theories and the structure of axiological systems. (shrink)

This collection of theoretical and empirical research on gender and politics assembles contributions from a group of international scholars providing varied accounts of the political interests of gender. It examines how to bridge the gap between discursive and socio-materialist accounts of gender relations and politics. Offering new models for theoretical and empirical research, the first five chapters provide a theoretical framework for the collection, while the following eight chapters shed light on key concepts through detailed case studies of such topics (...) as human rights, womens movements, gendered labor markets, international monetary policy, equality policy, and queer politics.--Publisher's description. (shrink)

ABSTRACTThere is substantial evidence to suggest that deafness is associated with delays in emotion understanding, which has been attributed to delays in language acquisition and opportunities to converse. However, studies addressing the ability to recognise facial expressions of emotion have produced equivocal findings. The two experiments presented here attempt to clarify emotion recognition in deaf children by considering two aspects: the role of motion and the role of intensity in deaf children’s emotion recognition. In Study 1, 26 deaf children were (...) compared to 26 age-matched hearing controls on a computerised facial emotion recognition task involving static and dynamic expressions of 6 emotions. Eighteen of the deaf and 18 age-matched hearing controls additionally took part in Study 2, involving the presentation of the same 6 emotions at varying intensities. Study 1 showed that deaf children’s emotion recognition was better in the dynamic rather than static condition, whereas the hearing children sh... (shrink)

Can social phenomena be understood by analyzing their parts? Contemporary economic theory often assumes that they can. The methodology of constructing models which trace the behavior of perfectly rational agents in idealized environments rests on the premise that such models, while restricted, help us isolate tendencies, that is, the stable separate effects of economic causes that can be used to explain and predict economic phenomena. In this paper, I question both the claim that models in economics supply claims about tendencies (...) and also the view that economics, when successful, necessarily follows this method. When economics licenses successful policy interventions, as it did in the case of the Federal Communications Commission spectrum auctions, its method is not to study tendencies but rather to study the phenomenon as a whole. Key Words: economic models • tendencies • economic experiments • policy making • John Stuart Mill. (shrink)

18 November 2019CH: Thank you for agreeing to do this. The prompt for the interview was to talk about your recently published book, Territorial Sovereignty, but I thought before we got into that you could say something about your earlier work and how that led you to be interested in this particular project that you deal with in the book.

In Valuing Health, Dan Hausman argues that well-being is not measurable, at least not in the way that science and policy would require. His argument depends on a demanding conception of well-being and on a pessimistic verdict upon the existing measures of subjective well-being. Neither of these reasons, I argue, warrant as much skepticism as Hausman professes.

The burgeoning science of well-being makes no secret of being value laden: improvement of well-being is its explicit goal. But in order to achieve this goal its concepts and claims need to be value adequate; that is, they need, among other things, to adequately capture well-being. In this article I consider two ways of securing this adequacy—first, by relying on philosophical theory of prudential value and, second, by the psychometric approach. I argue that neither is fully adequate and explore an (...) alternative. This alternative requires thorough changes in the way philosophers theorize about well-being. (shrink)

Artificial agents have become increasingly prevalent in human social life. In light of the diversity of new human–machine interactions, we face renewed questions about the distribution of moral responsibility. Besides positions denying the mere possibility of attributing moral responsibility to artificial systems, recent approaches discuss the circumstances under which artificial agents may qualify as moral agents. This paper revisits the discussion of how responsibility might be distributed between artificial agents and human interaction partners (including producers of artificial agents) and raises (...) the question of whether attributions of responsibility should remain entirely on the human side. While acknowledging a crucial difference between living human beings and artificial systems culminating in an asymmetric feature of human–machine interactions, this paper investigates the extent to which artificial agents may reasonably be attributed a share of moral responsibility. To elaborate on criteria that can justify a distribution of responsibility in certain human–machine interactions, the role of types of criteria (interaction-related criteria and criteria that can be deferred from socially constructed responsibility relationships) is examined. Thereby, the focus will lay on the evaluation of potential criteria referring to the fact that artificial agents surpass in some aspects the capacities of humans. This is contrasted with socially constructed responsibility relationships that do not take these criteria into account. In summary, situations are examined in which it seems plausible that moral responsibility can be distributed between artificial and human agents. (shrink)

edited by Tuija Takala and Matti Häyry, welcomes contributions on the conceptual and theoretical dimensions of bioethics.