A set X is prime bounding if for every complete atomic decidable (CAD) theory T there is a prime model U of T decidable in X. It is easy to see that $X = 0\prime$ is prime bounding. Denisov claimed that every $X <_{T} 0\prime$ is not prime bounding, but we discovered this to be incorrect. Here we give the correct characterization that the prime bounding sets $X \leq_{T} 0\prime$ are exactly the sets which are not $low_2$ . Recall that (...) X is $low_2$ if $X\prime\prime$ $\leq_{T} 0\prime$ . To prove that a $low_2$ set X is not prime bounding we use a $0\prime$ -computable listing of the array of sets { Y : Y $\leq_{T}$ X } to build a CAD theory T which diagonalizes against all potential X-decidable prime models U of T. To prove that any $non-low_{2}$ ; X is indeed prime bounding, we fix a function f $\leq_T$ X that is not dominated by a certain $0\prime$ -computable function that picks out generators of principal types. Given a CAD theory T. we use f to eventually find, for every formula $\varphi (\bar{x})$ consistent with T, a principal type which contains it, and hence to build an X-decidable prime model of T. We prove the prime bounding property equivalent to several other combinatorial properties, including some related to the limitwise monotonic functions which have been introduced elsewhere in computable model theory. (shrink)

In times of global economic and political crises, the notion of solidarity is gaining new currency. This book argues that a solidarity-based perspective can help us to find new ways to address pressing problems. Exemplified by three case studies from the field of biomedicine: databases for health and disease research, personalised healthcare, and organ donation, it explores how solidarity can make a difference in how we frame problems, and in the policy solutions that we can offer.

Male aggression against females in primates, including humans, often functions to control female sexuality to the male’s reproductive advantage. A comparative, evolutionary perspective is used to generate several hypotheses to help to explain cross-cultural variation in the frequency of male aggression against women. Variables considered include protection of women by kin, male-male alliances and male strategies for guarding mates and obtaining adulterous matings, and male resource control. The relationships between male aggression against women and gender ideologies, male domination of women, (...) and female sexuality are also considered. (shrink)

This article argues that feminist analyses of patriarchy should be expanded to address the evolutionary basis of male motivation to control female sexuality. Evidence from other primates of male sexual coercion and female resistance to it indicates that the sexual conflicts of interest that underlie patriarchy predate the emergence of the human species. Humans, however, exhibit more extensive male dominance and male control of female sexuality than is shown by most other primates. Six hypotheses are proposed to explain how, over (...) the course of human evolution, this unusual degree of gender inequality came about. This approach emphasizes behavioral flexibility, cross-cultural variability in the degree of partriarchy, and possibilities for future change. (shrink)

In recent years, critical scholarship has drawn attention to increasing power differentials between corporations that use data and people whose data is used. A growing number of scholars see digital data and information commons as a way to counteract this asymmetry. In this paper I raise two concerns with this argument: First, because digital data and information can be in more than one place at once, governance models for physical common-pool resources cannot be easily transposed to digital commons. Second, not (...) all data and information commons are suitable to address power differentials. In order to create digital commons that effectively address power asymmetries we must pay more systematic attention to the issue of exclusion from digital data and information commons. Why and how digital data and information commons exclude, and what the consequences of such exclusion are, decide whether commons can change power asymmetries or whether they are more likely to perpetuate them. (shrink)

Several attempts have been made to apply the choice-sensitive theory of distributive justice, luck egalitarianism, in the context of health and healthcare. This article presents a framework for this discussion by highlighting different normative decisions to be made in such an application, some of the objections to which luck egalitarians must provide answers and some of the practical implications associated with applying such an approach in the real world. It is argued that luck egalitarians should address distributions of health rather (...) than healthcare, endorse an integrationist theory that combines health concerns with general distributive concerns and be pluralist in their approach. It further suggests that choice-sensitive policies need not be the result of applying luck egalitarianism in this context. (shrink)

Kenneth C. Schaffner's paper is an important contribution to the literature on behavioral genetics and on genetics in general. Schaffner has a long record of injecting real molecular biology into philosophical discussions of genetics. His treatments of the reduction of Mendelian to molecular genetics first drew philosophical attention to the problems of detail that have fuelled both anti-reductionism and more sophisticated models of theory reduction. An injection of molecular detail into discussions of genetics is particularly necessary at the present time, (...) when so many philosophers seem happy to discuss the philosophical and ethical implications of molecular biology using gene concepts derived from evolutionary biology ). Schaffner has long advocated the view that the philosophy of biology should be more than the philosophy of evolution. This paper shows how radically a picture of gene action derived from molecular biology undercuts the popular picture associated with a more evolutionary view of genes as units of heredity or as ‘difference-makers’ mediated by the ‘black box’ of development. (shrink)

This paper, which is based on an extensive analysis of the literature, gives a brief overview of the main ways in which solidarity has been employed in bioethical writings in the last two decades. As the vagueness of the term has been one of the main targets of critique, we propose a new approach to defining solidarity, identifying it primarily as a practice enacted at the interpersonal, communal, and contractual/legal levels. Our three-tier model of solidarity can also help to explain (...) the way in which crises of solidarity can occur, notably when formal solidaristic arrangements continue to exist despite ‘lower tiers’ of solidarity practices at inter-personal and communal levels having ‘broken away’. We hope that this contribution to the growing debate on the potential for the value of solidarity to help tackle issues in bioethics and beyond, will stimulate further discussion involving both conceptual and empirically informed perspectives. (shrink)

In this article I draw on personal experience to explore the kinds of relationships that can develop between human and nonhuman animals. The first part of the article describes my encounters with wild baboons, whom I studied in East Africa over the course of many years. The baboons treated me as a social being, and to gain their trust I had to learn the troop's social conventions and behave in accordance with them. This process gave me a feeling for what (...) it means to be a baboon. Over time, I developed a sense of belonging to their community, and my subjective identity seemed to merge with theirs. This experience expanded my sense of the possible in interspecies relations. The second part of the article describes a mutual exploration of such possibilities in my relationship with my dog, Safi. I describe how Safi and I co-create systems of communication and emotional expression that permit deep 'intersubjectivity', despite our very different biological natures. In my relationships with baboons, dogs, and other animals, I have encountered the presence in another of something resembling a human 'self'. I emphasize the importance of recognizing and honoring this presence in other animals as well as in humans. (shrink)

Richard Rorty's rejection of prevailing interior-mirror understandings of the presumed relationship between “minds” and “nature,” along with his promotion of nonrepresentational accounts of knowledge, truth, and science, participates in a rich tradition of jointly pragmatist and constructivist views that spans the twentieth century. This contribution to the symposium “Whatever Happened to Richard Rorty?” considers Rorty's complex and ambivalent relation to that tradition, particularly to the work of his American pragmatist predecessors, William James and John Dewey, and to subsequent pragmatist-constructivist antirepresentationalism (...) in contemporary science and technology studies (STS) and “4E” (embodied, embedded, extended, enactive) cognitive theory. A final section on Nicholas Gaskill's contribution to the symposium questions his sense of Rorty's rhetorical recklessness and suggests that his worries over relativism, in Rorty's texts and more generally, are misplaced. (shrink)

This article challenges a key tacit assumption underpinning legal and ethical instruments in health care, namely, that people are ideally bounded, independent, and often also strategically rational individuals. Such an understanding of personhood has been criticized within feminist and other critical scholarship as being unfit to capture the deeply relational nature of human beings. In the field of medicine, however, it also causes tangible problems. I propose that a solidarity-based perspective entails a relational approach and as such helps to formulate (...) new solutions to complex ethical and regulatory questions, ranging from caring for people at the end of their lives to improving policies for organ donation and better governance of health data. It also underscores the importance of universal health care. Although a solidarity-based perspective does not require health to be seen as an individually enforceable right, it does influence our understanding of individual rights: it draws attention to how their meaning is shaped by shared social practices. I conclude by arguing that, in light of current pressures for medicine to become more personalized, using a relational understanding of personhood to shape policies and practices is a much needed endeavor. (shrink)

Chronic and current epistemological controversies, with particular attention to the development of pragmatist/historicist/constructivist reconceptions of knowledge and science in the 20th century and the scandalized responses to them by defenders of more traditional rationalist/objectivist/realist conceptions. Individual chapters deal with complex and confused relations among epistemic skepticism, relativism, and constructivist epistemology ; 20th-century "postmodern" relativism and anti-relativism; Ludwik Fleck and constructivist views of truth, science, and knowledge; attacks on and disavowals of constructivism and/or relativism by established and feminist philosophers; the Science (...) Wars and fraught relations between the humanities and the sciences; the problematic claims of Evolutionary Psychology; and chronic problems and contemporary views of animal-human relations. (shrink)

The purpose of this article is to report what can be learned about nurses’ ethical conflicts by the systematic analysis of methodologically similar studies. Five studies were identified and analysed for: (1) the character of ethical conflicts experienced; (2) similarities and differences in how the conflicts were experienced and how they were resolved; and (3) ethical conflict themes underlying four specialty areas of nursing practice (diabetes education, paediatric nurse practitioner, rehabilitation and nephrology). The predominant character of the ethical conflicts was (...) disagreement with the quality of medical care given to patients. A significant number of ethical conflicts were experienced as ‘moral distress’, the resolution of which was variable, depending on the specialty area of practice. Ethical conflict themes underlying the specialty areas included: differences in the definition of adequacy of care among professionals, the institution and society; differences in the philosophical orientations of nurses, physicians and other health professionals involved in patient care; a lack of respect for the knowledge and expertise of nurses in specialty practice; and difficulty in carrying out the nurse’s advocacy role for patients. (shrink)

An extended analysis and account of the psychological/social/cognitive dynamics of intellectual controversy. The immediate focus is the recurrent failure of intellectual engagement, in encounters having to do with with truth, knowledge, language, science, and/or objectivity, between, on the one hand, rationalist-realist-objectivist philosophers and/or those they have instructed and, on the other hand, constructivist-pragmatist ("postmodern") theorists and/or those persuaded by their critiques and/or alternative views. Individual chapters examine critiques and defenses of objectivist-rationalist views in law, politics, literary studies, ethics, communication theory, (...) and philosophy of science. Theorists whose views are discussed critically at some length include legal scholar Robin West and philosophers Jürgen Habermas, Karl-Otto Apel, and Philip Kitcher. (shrink)

I argue for the possibility of posthumous harm based on an account of the harm of murder. I start with the deep-seated intuition that when someone is murdered he (or she) is harmed (over and above the pain of injury or dying), and argue that Feinberg's account that assumes that harm is an invasion of an interest cannot plausibly accommodate this intuition. I propose a new account of the harm of murder: it is an irreversible loss of functions necessary for (...) worthwhile existence. I suggest a (partial) loss analysis of harm in general, and then go on to apply it to posthumous harm and defend the idea that there can be posthumous losses. (shrink)

This article provides a concise overview of the history of scholarship on solidarity in Europe and North America. While recent decades have seen an increase in conceptual and scholarly interest in solidarity in North America and other parts of the Anglo-Saxon world, the concept is much more strongly anchored in Europe. Continental European politics in particular have given rise to two of the most influential traditions of solidarity, namely, socialism and Christian ethics. Solidarity has also guided important public instruments and (...) institutions in Europe. Despite the much stronger affinity of continental European societies to solidaristic thinking, we argue that solidarity has much to offer for addressing societal challenges on both sides of the Atlantic and beyond. After proposing a working definition of solidarity that highlights its utility for guiding policy and practice, we give an example of how a solidarity-based perspective can shape instruments for the governance of data use. (shrink)

How should biological behaviour be modelled? A relatively new approach is to investigate problems in neuroethology by building physical robot models of biological sensorimotor systems. The explication and justification of this approach are here placed within a framework for describing and comparing models in the behavioural and biological sciences. First, simulation models – the representation of a hypothesis about a target system – are distinguished from several other relationships also termed “modelling” in discussions of scientific explanation. Seven dimensions on which (...) simulation models can differ are defined and distinctions between them discussed: 1. Relevance: whether the model tests and generates hypotheses applicable to biology. 2. Level: the elemental units of the model in the hierarchy from atoms to societies. 3. Generality: the range of biological systems the model can represent. 4. Abstraction: the complexity, relative to the target, or amount of detail included in the model. 5. Structural accuracy: how well the model represents the actual mechanisms underlying the behaviour. 6. Performance match: to what extent the model behaviour matches the target behaviour. 7. Medium: the physical basis by which the model is implemented. No specific position in the space of models thus defined is the only correct one, but a good modelling methodology should be explicit about its position and the justification for that position. It is argued that in building robot models biological relevance is more effective than loose biological inspiration; multiple levels can be integrated; that generality cannot be assumed but might emerge from studying specific instances; abstraction is better done by simplification than idealisation; accuracy can be approached through iterations of complete systems; that the model should be able to match and predict target behaviour; and that a physical medium can have significant advantages. These arguments reflect the view that biological behaviour needs to be studied and modelled in context, that is, in terms of the real problems faced by real animals in real environments. Key Words: animal behaviour; levels; models; neuroethology; realism; robotics; simulation. (shrink)

It has been a commonplace from the beginnings of philosophical thought that what distinguishes humans from other species is the ability to reason; reason- ing is held to be an essential characteristic of the species and one that is unique to it. The essence condition requires that all humans possess at least the capacity for reasoning and that it be exercised in many of the ordinary cases of acquiring beliefs. And uniqueness entails that non-humans cannot reason, no matter how much (...) their behavior resembles that of humans. I think that a certain specific model of reasoning has been presupposed by proponents of these claims. And there are grounds to believe that this model is inaccurate in essential respects: if reasoning does correspond to it, then few human beliefs are acquired through reason. However, given a more accurate description of what goes on in normal human reasoning, it is no longer plausible to think that only humans reason. So either the essence or the uniqueness claim must be given up. In this paper I argue for the second option. (shrink)

In today’s digital societies, it has become very difficult for people to exercise meaningful control over what and how data is collected and used. McCoy and colleagues (2023) seek to address this p...

ABSTRACT Amidst trends that emphasize languishing patterns in teen mental health, there is a bright spot: social science research indicates that adolescents who develop relationships with adult mentors demonstrate increased signs of flourishing. This social science research on mentors, though limited to school performance outcome goals, offers a lifeline to character educators. I offer a theoretical framework based on Aristotelian principles, informed by anecdotal case studies of authentic moral dilemmas that emerged from the direct experiences of mentees, to suggest a (...) framework to explain why adolescents with adult mentors have an advantage. Patterns of conversation in trusted mentoring relationships developed over time, and in a school context that provides sufficient professional development for mentors, support the youth: (1) to advance in practical wisdom (phronesis) by honing skills for emotional regulation as well as cognitive skills to recognize goods in conflict and (2) to learn how to engage in civic friendship through these friendships of inequality with mentors. (shrink)

We exploit properties of certain directed graphs, obtained from the families of sets with special effective enumeration properties, to generalize several results in computable model theory to higher levels of the hyperarithmetical hierarchy. Families of sets with such enumeration features were previously built by Selivanov, Goncharov, and Wehner. For a computable successor ordinal α, we transform a countable directed graph into a structure such that has a isomorphic copy if and only if has a computable isomorphic copy.A computable structure is (...) categorical if for all computable isomorphic copies of , there is an isomorphism from onto , which is . We prove that for every computable successor ordinal α, there is a computable, categorical structure, which is not relatively categorical. This generalizes the result of Goncharov that there is a computable, computably categorical structure, which is not relatively computably categorical.An additional relation R on the domain of a computable structure is intrinsically on if in all computable isomorphic copies of , the image of R is . We prove that for every computable successor ordinal α, there is an intrinsically relation on a computable structure, which not relatively intrinsically . This generalizes the result of Manasse that there is an intrinsically computably enumerable relation on a computable structure, which is not relatively intrinsically computably enumerable.The dimension of a structure is the number of computable isomorphic copies, up to isomorphisms. We prove that for every computable successor ordinal α and every n≥1, there is a computable structure with dimension n. This generalizes the result of Goncharov that there is a structure of computable dimension n for every n≥1.Finally, we prove that for every computable successor ordinal α, there is a countable structure with isomorphic copies in just the Turing degrees of sets X such that relative to X is not . In particular, for every finite n, there is a structure with isomorphic copies in exactly the non- Turing degrees. This generalizes the result obtained by Wehner, and independently by Slaman, that there is a structure with isomorphic copies in exactly the nonzero Turing degrees. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:20. HUME ON REASON1 One of the main concerns of Hume's Treatise of 2 Human Nature (T) is the investigation of the role that reason plays in belief and action. On the standard interpretation, Hume is taken to argue that neither our beliefs nor our actions are determined by reason; Books I and III are thus seen as sharing a common theme: the denigration of reason's role in human (...) affairs. Arguing for this view, Kemp Smith claims that "Hume's principle of the subordination of reason to the passions runs through his whole philosophy ", not merely through Books II and III. This interpretation of Hume's enterprise presupposes that the faculty of reason whose role in action is discussed in Book III is the same faculty which has been shown not to determine belief in Book I. In this paper I argue that a univocal reading of 'reason' and related terms like 'reasoning' throughout the Treatise has the consequence that there are major internal inconsistencies in Hume's philosophy, cannot account for some important sections of the work, and leads to misinterpretation of the nature of his overall argument. In its place I develop an interpretation which avoids these difficulties and emphasizes the radical nature of Hume's naturalism. The Argument of the Treatise Let me begin by reviewing the salient features of the main argument of the Treatise. In Book I, Hume is concerned to show that our most fundamental beliefs — e.g., about the continued and distinct existence of object, about what we are not presently observing, and in the existence of the self — are not acquired by reason, but instead by the imagination, influenced by custom and habit. In a typical passage, he argues: Reason can never shew us the connexion of one object with another, tho' aided by experience, and the observation of their constant conjunction in all past instances. When the mind, 21. therefore, passes from the idea or impression of one object to the idea or belief of another, it is not determin'd by reason... (T92)4 In Book III, and in Book II, Part III, Section III (Of the influencing motives of the will), Hume is concerned to show that reason alone can never produce any action, or give rise to volition (T414), and the same faculty is as incapable of preventing volition, or of disputing the preference with any passion or emotion (T414-415). Hume uses this result in Book III, Part I, Section I, to show that the rules of morality...are not conclusions of our reason (T457). Proponents of the univocal reading of 'reason' would hold that the Treatise thus constitutes a continuous attack on reason, showing that it causes neither our most fundamental beliefs nor our actions and moral judgments. But if this reading were correct, Hume would fail to avail himself of an obvious and persuasive argument for the conclusion he reaches in Books II and III, and in the latter books he would contradict the results of Book I. Conflict between Book I and Books II and III If Hume did have the same faculty in mind throughout the Treatise, a strong argument to show that reason does not cause action would be available to him in Books II and III, utilizing the results he has established in Book I. The principal way in which reason would be thought to influence action is by informing us of facts about efficient means to achieve our ends and about the possible effects of actions — facts about causal relations. Since the conclusion of Book I is that judgments about causal relations do not result from reason, it follows that even if such beliefs did cause action, it would still not be the case that reason caused action. But Hume not only does not make such an argument in Books II and III, he denies one of its premises — the claim that beliefs about causal relations do not result from reason — which was the main conclusion of Book I. In the 22. later books he asserts repeatedly that reason can cause beliefs about causal relations. For example, in Book III, he says:...reason, in a strict and philosophical... (shrink)

A critical examination of the charge of self-refutation, particularly as leveled by orthodoxy-defending philosophers against those maintaining epistemologically unorthodox, especially relativistic or skeptical, views. Beginning with an analysis of its classic illustration in Plato’s *Theaetetus* as leveled against Protagoras’s “Man is the measure ...,” I consider various aspects of the charge, including logical, rhetorical, pedagogic, affective, and cognitive.

: The main threads of Emmanuel Levinas's theory of ethics, developed in his philosophical works, Totality and Infinity (1969), and Otherwise than Being or Beyond Essence (1998), instruct that ethics require transcendence of being and nature, which he describes in terms of a transcendence of animality to the human. This apparent devaluation of the nonhuman would seem to preclude the development of Levinasian environmental ethics. However, a deconstructive reading of Levinas recognizes a subtext that interrupts the main threads of his (...) argument running against the inclusion of nonhuman others in ethics. Through a critical reconstructive reading of Levinas, I develop an ethic extraneous to Levinas's transcendent ethics, an ethic outside his "otherwise than being.". (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 17 Heft: 1 Seiten: 331-344.

Advocates of literary Darwinism, cognitive cultural studies, neuroaesthetics, digital humanities, and other such hybrid fields now seek explicitly to make the aims and methods of one or another humanities discipline approximate more closely the aims and methods of science, and at their most visionary, they urge as well the overall integration of the humanities and natural sciences. This essay indicates some major considerations—historical, conceptual, and pragmatic—that may be useful for assessing these efforts and predicting their future. Arguments promoting integration often (...) involve dubious teleological models of intellectual history and betray limited understandings of the distinctive epistemic orientations and cultural functions of the humanities vis-à-vis the sciences. Recurrent institutional difficulties encountered by scholars and/or scientists in hybrid fields reflect steep prestige differentials between the humanities and sciences, along with significant differences of training, experience, style, and temperament. Meanwhile, both the sciences and humanities are being shaken up by technological and related intellectual developments. Though worrisome, the new disciplinary configurations are thus likely to play out in surprising and, not inconceivably, positive ways. (shrink)

Whistleblowers remain essential as complainants in allegations of research misconduct. Frequently internal to the research team, they are poorly protected from acts of retribution, which may deter the reporting of misconduct. In order to perform their important role, whistleblowers must be treated fairly. Draft regulations for whistleblower protection were published for public comment almost a decade ago but never issued. In the face of the growing challenge of research fraud, we suggest vigorous steps, to include: organizational responsibility to certify the (...) accuracy of research including audit, required whistleblower action in the face of imminent or grave harm to subjects, strengthened legal protections against retaliation including prompt enactment of Federal whistleblower protections and consideration of criminalizing the most egregious cases of research misconduct. (shrink)

In this paper, I consider pedagogical moments when the project of pedagogy is to _not understand_, as understanding would entail complicity with dehumanization. I explore the slipperiness of understanding and parse when understanding is helpful and when it reinscribes structures of dehumanization. I examine when it might be important in music education pedagogy to foster a refusal to understand, specifically in cases of extreme suffering that might occur in projects of dehumanization, atrocity, and genocide. Then, I explore the ethics embedded (...) in different forms of understanding and consider why not understanding is sometimes the ethical path and tease out the complexities of such refusals to understand. Subsequently, I focus on what music might contribute to this pedagogical approach. I then explore and critique empathy and the project of empathy in education. Ultimately, I consider the role of discomfort in music education to facilitate these kinds of refusals. I center the work of several scholars in this discussion: Sherene Razack (Dark threats and White knights: The Somalia Affair, peacekeeping, and the new imperialism University of Toronto Press Toronto, ON, 2004, Rev Educ Pedag Cult Stud 29 (4): 375-394, 2007), Megan Boler (Feeling power: Emotions and education. Routledge, New York, NY, 1999), Jennifer Geddes (Hypatia 18 (1):104-115, 2003), Charlotte Delbo (_Auschwitz and after_. Yale University Press, New Haven, 1995/2014), Hannah Arendt (Eichmann in Jerusalem: A report on the banality of evil. Penguin Books, New York, NY, 1963/2006), Marie Hållander (Ethics Educ 10(2): 175-185, 2015, Stud Philos Educ 38: 467–480, 2019), Barbara Applebaum (Being White, being good: White complicity, White moral responsibility, and social justice pedagogy. Lexington Books, New York 2010, White educators negotiating complicity: Roadblocks paved with good intentions. Lexington Books, New York, NY, 2022), and Liora Gubkin (Teach Theol Relig 18(2): 103–120, 2015). (shrink)

Dworkin's theoretical disagreement argument, developed in Law's Empire, is presented in that work as the motivator for his interpretive account of law. Like Dworkin's earlier arguments critical of legal positivism, the argument from theoretical disagreement has generated a lively exchange with legal positivists. It has motivated three of them to develop innovative positivist positions. In its original guise, the argument from theoretical disagreement is presented as ‘the semantic sting argument’. However, the argument from theoretical disagreement has more than one version. (...) This article briefly discusses two versions and the leading replies to them, then focuses on the most influential version, directed at Hartian positivism. The article surveys the leading positivist rejoinders to the recast version, indicating key Dworkinian replies or assessing the strength of these rejoinders, and concludes with a rejoinder of its own, making a new case that the argument from theoretical disagreement isn't fatal for Hartian legal positivism. (shrink)

A familiar jurisprudential view is that a judicial decision functions as a legal precedent by laying down a rule and that the content of this rule is set by officials. Precedents can be followed only by acting in accordance with this rule. This view is mistaken on all counts. A judicial decision functions as a precedent by being an example. At its best, it is an example both for officials and for a target population. Even precedents outside of law function (...) as examples when they have conduct-guiding significance. Examples may be rule-like in their scope, but need not be. Their import is independent of their justification; this point has implications for coherence theories of precedent meaning. The content and scope of a legal decision’s extension is not set exclusively by officials. It is socially set and depends upon social salience. (shrink)

An examination of conceptually and rhetorically equivocating positions among academic philosophers and other theorists who are sympathetic to constructivist epistemological developments but unwilling to relinquish key aspects of traditional understandings of truth and knowledge and/or anxious to avoid charges of relativism. A major problem with the resulting hybrid formulations is that, seeking, as they often claim, to “steer a course between Scylla and Charybdis” and being composed of essentially incompatible elements, they can do little theoretical work. While the personal-intellectual and (...) professional-institutional pressures leading to such dubious navigations are substantial, so also, it is argued, are their intellectual costs. (shrink)

I reply here to an article by philosopher Paul Boghossian in which my article "Cutting-Edge Equivocation: Conceptual Moves and Rhetorical Strategies in Contemporary Anti-Epistemology" (Smith, *SAQ* 2002) provides him with an occasion for a supposed exposure and refutation of the alleged illogic of the "unpalatable relativism" of what Boghossian, at some distance from his topic, (mis)understands as the "constructivism" of contemporary sociology of science.

Everyone agrees that law is a constituent of social reality. Law seems to be a system by which conduct is governed and guided. Its usefulness consists, in part, on its ability to govern and guide conduct in its characteristic way. If laws guides the conduct of lay law subjects, then it must be (really) possible for the content of the laws governing their conduct to be known by them under standard social conditions. Moreover, if some degree of efficacy in guiding (...) and governing the conduct of lay law subjects is an existence condition for a legal system, then in existing legal systems enough of the content of directive law is epistemically accessed by enough law subjects so that they can apply it to their situations and correctly determine the act-tokens required of them. In this chapter, I argue that these modest epistemic reflections have important implications for a theory of legal content that have been largely ignored. Holistic theories of legal content, such as Greenberg’s and Dworkin’s, are inconsistent with an adequate account of epistemic access. After demonstrating the same problem in two mainstream non-holistic theories of legal content -- the view that legal content is set entirely by official interpretive conventions, and the view that legal content is set entirely by official intentions – I propose a theory of legal content that meets the epistemic access challenge. On my approach, law is, at its core, centered upon the understandings of law subjects. (This view is meant to exempt constitutional provisions.) More precisely, the legal content of statutes and judicial decisions is built around, and preserves, a core of understandings and meaning-assignments that is the province of anyone with sufficient linguistic ability and relevant socialization. The details of this view are, roughly: (1) in the case of judicial decisions in a common law system, the social salience of the example the decision sets concerning behavior sets the default legal content; (2) in the case of statutory directives, the set of socially salient applications (behavior in situations) sets the default legal content. I say `default’ because my account of legal content is a two-stage account beginning with the default content and permitting a second stage in which considerations from other sources can operate on the default. Yet if a certain amount of efficacy in guiding lay law subjects’ behavior is a requirement for the existence of a legal system, there must be a core of legal content undistorted from its default social salience by a second stage operation. There is and must be a `law of the street’. -/- . (shrink)

Designing the future of work is crucial to the health and well‐being of people and societies. Experts predict that developments such as the advancement of digital technologies, automation, and the movement of manufacturing jobs to low‐wage countries will lead to major transformations in the labour market, and some foresee significant job losses. Due to the close relationship between employment and health, major job losses would have significant negative impacts on the health and well‐being of individuals and societies. Job losses would (...) also pose a major challenge to solidaristic support within societies because they would negatively affect the recognition of similarities among people, which is vital for solidaristic practice and institutions. To prevent these negative effects, a fundamental redesign of the relationship between work and income is necessary. And for this project to succeed, we need to reconsider of the value of work. Building on definitions of flourishing people and societies, we argue that the value of work should not be determined by the labour market, but according to its importance for society. Using a solidarity‐based framework we argue that such a re‐valuation of work will help to ensure social cohesion and increase reciprocity in our societies. It will serve as a foundation upon which we can reconfigure the relationship between work and income without risking the loss of social cohesion and solidarity. (shrink)

This paper will examine the effects of gender, age, work experience, academic status and legality on certain ethical decisions. Six scenarios representing ethical dilemmas were presented to both undergraduate and MBA students in an attempt to determine if various demographic factors influenced ethical decision making. While some past studies have suggested that gender has an important effect on ethical decision making, this study does not completely support this conclusion and suggests that age and/or length of work experience should be included (...) in any study of ethical decision making.The legality of the decisions was determined and compared to the reason given by the students for their decisions. In some cases the choice made by a majority of the students was not the one that was supported by the legal authorities which suggests that there may be conflicts between the ethical system of the respondents and the behavior expected of them by society. (shrink)

Many contemporary philosophers of law agree that a necessary condition for a decision to be legally justified, even in a hard case, is that it coheres with established law. Some, namely Sartorius and Dworkin, have gone beyond that relatively uncontroversial claim and described the role of coherence in legal justification as analogous to its role in moral and scientific justification, on contemporary theories. In this, I argue, they are mistaken. Specifically, coherence in legal justification is sometimes specific to a branch (...) of law, and there is nothing isomorphic to this in the models of moral and scientific justification. Although Dworkin and Sartorius rely on the concept of coherence, they do not explicate it. In the course of examining their views, this essay offers a partial analysis of coherence on their models. Finally, two canons of relevance, governing when global coherence considerations are appropriate to legal justification, are presented. (shrink)

The paper focuses on the consumer side of consumption tax evasion (CTE), a subcategory of the shadow economy. The ethical dimensions of tax evasion have been effectively captured by the existent literature on tax morale, yet it fails to address the role consumers can play in CTE. Further, there is a shortage of tax morale studies that explore ethical decision making as a process composed of multiple steps and determinants. To bridge these gaps, we turned to the consumer ethics literature (...) and Jones’ issue-contingent model of ethical decision making. We developed the conceptual model of consumer ethical decision making for CTE by incorporating four key elements from the issue-contingent model, i.e. moral recognition, moral judgement, moral intention and moral intensity, while personal moral philosophies were introduced as an antecedent to the consumer ethical decision-making process. The study was conducted on a sample of consumers from Slovenia, where CTE is a widespread phenomenon. The findings confirm that consumers’ recognition of CTE as a moral issue is influenced by their moral philosophy and perceptions regarding the magnitude of CTE’s consequences, their visibility, probability, and temporal immediacy. These perceptions also play an important role in determining consumers’ moral judgements and intentions regarding CTE. Moreover, through the process of moral recognition and moral judgement, consumers form intentions to participate in, or avoid CTE. The study holds important implications for public policy makers who are trying to reduce the tax gap in times of economic instability and fiscal crisis. (shrink)

Atmosphären zeichnen sich gleichermaßen durch ihre Profanität und ihre Wirkmächtigkeit aus. Wo immer man hinsieht, sind Atmosphären ein bestimmendes, vielleicht sogar das wichtigste Element im menschlichen Leben. Das Ziel des Sammelbandes besteht darin, die Bedeutung der Atmosphären im Gefühlsraum theoretisch und praktisch zu verdeutlichen und das Phänomen der Atmosphären in seinen vielfältigen Facetten, etwa in der Architektur, Kunst, Medizin, Psychiatrie, in der Pädagogik, in der Altenpflege, in Beruf und Privatleben, zu beleuchten.