Despite the phenomena of internationalization and Europeanization, legal process remains essentially national in character. However, certain domains of law are already unified. Focusing mainly on the French tradition and its contribution to the construction of a European legal space, this paper: a) criticizes the traditional methods used to manage diversity in law – unifying the law and co-ordinating those legal codes likely to be conflictual; b) studies the debate between universalism and particularism in private international law, a discipline whose essential (...) object is the resolution of the difficulties derived from pluralism; and c) attempts to discern an appropriate path towards a 'renewed universalism' by pursuing a comparative approach which can open the way towards unification but must also be able to preserve the irreducible diversity of law. (shrink)

The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law. The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by (...) sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law. (shrink)

Can we formulate a moral theory that captures the moral significance of patterns of group behaviour we cannot affect through our own action while at the same time avoiding the so-called ‘Ideal Worlds’ objection? In a recent article, Caleb Perl has argued that we can. Specifically, Perl claims that one view that does so is his Patterned View: roughly, you ought to act only in accordance with that set of sufficiently general rules that has optimal moral value (Perl 2021: 98). (...) The Patterned View undoubtedly constitutes a welcome contribution to our existing set of moral theories. However, does it avoid the Ideal Worlds objection? In this article, I argue ‘no’. (shrink)

The prominent burden-sharing principles in the emerging literature of the political theory of climate change fail to sufficiently tackle the task they set out to solve. This paper sets out properties that an alternative principle should aim to meet. Based on these properties, it develops a consequentialist moral principle – the wastefulness principle. This principle holds that it is wrong to waste a shared, scarce resource. The paper argues that this principle can be used to solve the question of who (...) should bear the burdens of anthropogenic climate change in a more suitable way than existing principles. After developing the wastefulness principle, this paper discusses in a non-exhaustive manner how it can be employed in the real world, which challenges it might meet, and how additional principles might solve them. (shrink)

Short overview of the From Small Beginnings Project and its relevance for resisting eugenics in contemporary society.

This article concerns the nature and limits of individuals’ rights to privacy over information that they have made public. For some, even suggesting that an individual can have a right to privacy over such information may seem paradoxical. First, one has no right to privacy over information that was never private to begin with. Second, insofar as one makes once-private information public – whether intentionally or unintentionally – one waives one’s right to privacy to that information. In this article, however, (...) we suggest the moral situation is more complicated than this. Rather, we argue that there is a class of public information – namely, once-private information that individuals have made public unintentionally – which remains within the scope of an individuals’ right to privacy, even when it has passed into the public domain. Significantly, this class includes any information rights-holders were unaware could be inferred from information they have made public and which they would not otherwise have wanted to be in the public domain. As we show, as well as clarifying several everyday dilemmas with regards to individuals’ privacy rights, this finding has elucidates a number of problems in the ethics of Big Data. (shrink)

Health systems that provide for universal patient access through a scheme of prepayments—whether through taxes, social insurance, or a combination of the two—need to make decisions on the scope of coverage that they secure. Such decisions are inherently controversial, implying, as they do, that some patients will receive less than comprehensive health care, or less than complete protection from the financial consequences of ill-heath, even when there is a clinically effective therapy to which they might have access.Controversial decisions of this (...) sort call for a public justification for covering or not covering a given treatment. Priority-setting agencies play a key role in providing such a justification. A recent... (shrink)

I aim to explode a famous thesis about “the rise of fictionality,” argued in an essay of that title by Catherine Gallagher. I also have in mind related claims that the eighteenth or the nineteenth century first distinguished fiction from nonfiction or first differentiated literature from other modes of discourse. Gallagher places the rise of fictionality exactly where Ian Watt placed the rise of the novel—England, 1720 to 1740—and she connects it to the development of a credit economy. This article (...) argues that the relationship between fiction and credit goes deeper than this, insofar as fiction was classically theorized in relation to modal concepts like probability and as such had a direct relationship to what Aristotle called endoxa: what is believed by all or by most. Probability was understood in relation not to what happens but to what is thought to happen: that is, to a socially constituted sense of what and who is credible. The article takes account of the multiple disciplines in which fictionality was theorized in the premodern period, but it emphasizes the centrality of rhetoric and the dissemination of a model of fictionality through the early modern grammar schools. Finally, it reads Shakespeare’s Othello to show that probable fiction was not only an available concept but a crucial tool for the analysis of social life. In Othello, ideologies of race and gender define the unequal terms on which credibility is established. Probable fiction is directly tied to the work of making and unmaking social worlds. (shrink)

This article asks about the conditions of a sociological operationalization of the capability approach developed by Amartya Sen and Martha Nussbaum. Raising the question of freedom and social opportunities, the capability approach has so far mainly been discussed by economists and philosophers. In order to adopt this approach for a sociological and pragmatist perspective, it engages with methodological and theoretical issues. Whereas capabilities have until now mainly been studied within quantitative frameworks, the author opts for a qualitative method of inquiry (...) that draws on a pragmatist and configurational approach. Such a shift towards qualitative inquiry is a key condition for a better sociological understanding of notions like freedom and opportunities that stand at the core of the capability approach. (shrink)

Abstract In recent debates, both physicalist and anti-physicalist philosophers of mind have come to agree that understanding the nature of phenomenal concepts is key to understanding the nature of phenomenal consciousness itself. Recently, however, Derek Ball (2009) and Michael Tye (2009) have argued that there are no such concepts. Their case is especially troubling because they make use of a type of argument that proponents of phenomenal concepts have typically found persuasive in other contexts; namely, arguments much like those that (...) Tyler Burge used to motivate a certain form of externalism about mental content. The goal of this paper is to defend phenomenal concepts against this line of attack. Burge-style arguments, I contend, cannot be successfully used to make the case that there are no phenomenal concepts. As such, phenomenal concepts must remain central to understanding the nature of phenomenal consciousness. (shrink)

Reverse mathematics is a program in mathematical logic that seeks to give precise answers to the question of which axioms are necessary in order to prove theorems of "ordinary mathematics": roughly speaking, those concerning structures that are either themselves countable, or which can be represented by countable "codes". This includes many fundamental theorems of real, complex, and functional analysis, countable algebra, countable infinitary combinatorics, descriptive set theory, and mathematical logic. This entry aims to give the reader a broad introduction to (...) the history, methodology, and results of the reverse mathematics program, with a particular focus on its connections to foundational programs such as finitism, constructivism, and predicativism. (shrink)

Knowledge of what it’s like to have perceptual experiences, e.g. of what it’s like to see red or taste Turkish coffee, is phenomenal knowledge; and it is knowledge the substantial or significant nature of which is widely assumed to pose a challenge for physicalism. Call this the New Challenge to physicalism. The goal of this paper is to take a closer look at the New Challenge. I show, first, that it is surprisingly difficult to spell out clearly and neutrally what (...) the New Challenge is in fact urging the physicalist to explain. What initially look like plausible or promising ways of making sense of it turn out to be either question begging or insufficient to generate a challenge to physicalism at all. I go on to suggest that what the New Challenge may be asking the physicalist to explain may be the fact that we come to token certain higher-order judgments about the significance of phenomenal knowledge. I end with a discussion of the implications of this interpretation of the New Challenge—which turns out to be as much a challenge for the anti-physicalist as it is for the physicalist. (shrink)

For all their various disagreements, one point upon which rights theorists often agree is that it is simply part of the nature of rights that they tend to override, outweigh or exclude competing considerations in moral reasoning, that they have ‘peremptory force’, making ‘powerful demands’ that can only be overridden in ‘exceptional circumstances’, Philosophical Foundations of Human Rights, Oxford University Press, Oxford, 2016, p. 240). In this article I challenge this thought. My aim here is not to prove that the (...) traditional view of rights’ stringency is necessarily false, nor even that we have no good reason to believe it is true. Rather, my aim is only to show that we have good reason to think that the foundation of the traditional position is less stable than we might have otherwise supposed and that an alternative conception of rights—one which takes the stringency of any given right as particular to the kind of right it is—is both viable and attractive. In short, to begin to move us towards a more ‘particularist’ conception of rights’ standing in moral reasoning and judgement. (shrink)

It is a striking fact from reverse mathematics that almost all theorems of countable and countably representable mathematics are equivalent to just five subsystems of second order arithmetic. The standard view is that the significance of these equivalences lies in the set existence principles that are necessary and sufficient to prove those theorems. In this article I analyse the role of set existence principles in reverse mathematics, and argue that they are best understood as closure conditions on the powerset of (...) the natural numbers. (shrink)

The increasing pressure from different facets of society exerted on multinational companies to become more philanthropic and claim ownership of their impacts is now becoming a standard practice. Although research in corporate social responsibility has arguably been recent, the application of activities taking a voluntary form from MNCs seem to vary reflecting a plethora of factors, particularly one obvious being the backwater local communities of developing countries where most of the natural extraction projects are located. This chapter examines views of (...) two Papua New Guinea local communities hosting large-scale mining operations and explains the demands arising from situational relativities, which are becoming too conspicuous for mine developers not to ignore. The research undertaken with several assertions highlights the perceived imperativeness allowing companies to integrate the CSR into the essential management pursuits of running mines in PNG. (shrink)

Is health care “special”? That is, do we have moral reason to treat health care differently from how we treat other sorts of social goods? Intuitively, perhaps, we might think the proper response is “yes.” However, to date, philosophers have often struggled to justify this idea—known as the “specialness thesis about health care” or STHC. In this article, I offer a new justification of STHC, one I take to be immune from objections that have undercut other defenses. Notably, unlike previous (...) utility- and opportunity-based theories, I argue that we can find normative justification for STHC in what I term our special duty to assist those unable to help themselves. It is this duty, I argue, that ultimately gives us reason to treat health care differently from other sorts of goods and to distribute it independently of individuals’ ability to pay. (shrink)

This paper initiates the reverse mathematics of social choice theory, studying Arrow's impossibility theorem and related results including Fishburn's possibility theorem and the Kirman–Sondermann theorem within the framework of reverse mathematics. We formalise fundamental notions of social choice theory in second-order arithmetic, yielding a definition of countable society which is tractable in RCA0. We then show that the Kirman–Sondermann analysis of social welfare functions can be carried out in RCA0. This approach yields a proof of Arrow's theorem in RCA0, and (...) thus in PRA, since Arrow's theorem can be formalised as a Π01 sentence. Finally we show that Fishburn's possibility theorem for countable societies is equivalent to ACA0 over RCA0. (shrink)

By explicitly addressing moral knowledge from a particularists perspective, this book can engage with an established and vibrant area of moral philosophy whilst making a distinctive and productive contribution to a relatively neglected dimension of it.

Among the characteristic features of depression is a diminishment in or lack of action and motivation. In this paper, I consider a dominant philosophical account which purports to explain this lack of action or motivation. This approach comes in different versions but a common theme is, I argue, an over reliance on psychologistic assumptions about action–explanation and the nature of motivation. As a corrective I consider an alternative view that gives a prominent place to the body in motivation. Central to (...) the experience of depression are changes to how a person is motivated to act and, also as central, are changes to bodily feelings and capacities. I argue that broadly characterizing motivation in terms of bodily capacities can, in particular, provide a more compelling account of depressive motivational pathology. (shrink)

Issues of methodology are central to the philosophy of moral progress. However, the idea that effective moral methodology, as well as being instrumental to progress, might also constitute progress has not been adequately explored. This paper will critically assess the merits of this idea – what I call ‘pure proceduralism about moral progress’ – taking Philip Kitcher's recent theory of ‘democratic contractualism’ (2021) as a test case. An epistemology of pure procedural moral progress will be sketched: namely, a naturalised epistemology (...) of paradigmatic instances of moral progress. Assuming an ideal procedure exists and has been at least approximately instantiated (an empirical claim), we learn about its form by studying paradigms of historical moral progress. From this epistemological method will be derived theoretical constraints on what can count as a theory of moral progress per se: it must capture the core semantic constraints on the term ‘moral progress,’ those features without which we would not recognise a change as moral progress. While this poses a tougher challenge for pure proceduralism than for more traditional approaches to moral methodology, it will be concluded that the potential of pure proceduralism as a viable metaethics of moral progress remains an exciting open question. (shrink)

Few people think of business ethics as being addressed outside of main-stream business ethics, philosophy and corporate social responsibility circles. This view is in error. Arguably the most prominent philosopher of the last century, Ayn Rand, has provided a philosophy of business that is satisfying to many people, not the least of which is Chairman of the Federal Reserve, Alan Greenspan. Rand’s philosophy suggests that self-interested behaviour is not merely an economic modeling of human behaviour, but an ethical imperative. To (...) professional philosophers, Rand is naïve and unsatisfying; however, that does not diminish her appeal to the less sophisticated. After a review of Rand’s great popular appeal, the article then moves on to some of the main points of her philosophy, offers a critique of those points and then encourages a more serious analysis of Rand’s philosophy, particularly for those teaching and consulting on ethics. (shrink)

MacIntyre shares with others, such as John McDowell, a broad commitment in moral epistemology to the centrality of tradition and both regard forms of enculturation as conditions of moral knowledge. Although MacIntyre is critical of the thought that moral reasons are available only to those whose experience of the world is conceptually articulated, he is sympathetic to the idea that the development of subjectivity involves the capacity to appreciate external moral demands. This paper critically examines some aspects of MacIntyre’s account (...) of how knowledge is related to tradition, and suggests ways in which the formation of moral subjectivity involves the ability to experience the world. (shrink)

In his Nicomachean Ethics’ commentary , Johannes Buridan, called by the historiography ‘the philosopher of freedom’, examines the problem of libertas from the individual and psychological point of view but also from the social and political point of view. The parisien master reconciles the both aspects of the concept by articulating liberty and sociality, freedom and friendship in a moral way of thinking.

To say health is 'special' is to say that it has a moral significance that differentiates it from other goods (cars, say or radios) and, as a matter of justice, warrants distributing it separately. In this essay, I critique a new justification for the specialness thesis about healthcare (STHC) recently put forth by Engster. I argue that, regrettably, Engster's justification of STHC ultimately fails and fails on much the same grounds as have previous justifications of STHC. However, I also argue (...) that Engster's argument still adds something valuable to the debate around STHC insofar as it reminds us that the moral significance of healthcare may be wider than simply its effect on the incidence of disability and disease: one further reason we may think healthcare is morally significant is because it concerns the treatment and care of those who are already unwell. (shrink)

In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.

The study tests the hypothesis that conditional probability judgments can be influenced by causal links between the target event and the evidence even when the statistical relations among variables are held constant. Three experiments varied the causal structure relating three variables and found that (a) the target event was perceived as more probable when it was linked to evidence by a causal chain than when both variables shared a common cause; (b) predictive chains in which evidence is a cause of (...) the hypothesis gave rise to higher judgments than diagnostic chains in which evidence is an effect of the hypothesis; and (c) direct chains gave rise to higher judgments than indirect chains. A Bayesian learning model was applied to our data but failed to explain them. An explanation-based hypothesis stating that statistical information will affect judgments only to the extent that it changes beliefs about causal structure is consistent with the results. (shrink)