Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the related descriptive question as to whether ordinary people have the intuition that legal punishment becomes less appropriate as time passes from the date of the offense and, if they do, what factors play a role in these intuitions. Five studies demonstrate that there is an intuitive statute of limitations on both legal punishment (...) and moral criticism, and that these intuitions arise, in part, from judgments about changes in psychological connectedness over time. (shrink)

Since a couple of decades, the notion of a precautionary principle plays a central and increasingly influential role in international as well as national policy and regulation regarding the environment and the use of technology. Urging society to take action in the face of potential risks of human activities in these areas, the recent focus on climate change has further sharpened the importance of this idea. However, the idea of a precautionary principle has also been problematised and criticised by scientists, (...) scholars and policy activists, and been accused of almost every intellectual sin imaginable: unclarity, impracticality, arbitrariness and moral as well as political unsoundness. In that light, the very idea of precaution as an ideal for policy making rather comes out as a dead end. On the basis of these contrasting starting points, Christian Munthe undertakes an innovative, in-depth philosophical analysis of what the idea of a precautionary principle is and should be about. A novel theory of the ethics of imposing risks is developed and used as a foundation for defending the idea of precaution in environmental and technological policy making against its critics, while at the same time avoiding a number of identified flaws. The theory is shown to have far-reaching consequences for areas such as bio-, information- and nuclear technology, and global environmental policy in areas such as climate change. The author argues that, while the price we pay for precaution must not be too high, we have to be prepared to pay it in order to act ethically defensible. A number of practical suggestions for precautionary regulation and policy making are made on the basis of this, and some challenges to basic ethical theory as well as consumerist societies, the global political order and liberal democracy are identified. (shrink)

Unternehmen sind nicht nur wirtschaftliche, sondern auch politische Akteure. Vor allem aber sind sie entgegen verbreiteter Ansichten auch moralische Akteure, das heißt, sie sind grundsätzlich fähig, den moralischen Standpunkt einzunehmen, auch wenn sie dies in der Praxis selten tun. Daraus erwächst eine politische und moralische Verpflichtung: Auch für Unternehmen gelten die Menschenrechte als moralischer und rechtlicher Maßstab, daran müssen sich ihr Handeln und erst recht ihr Unterlassen messen lassen. Christian Neuhäuser zeigt mit beeindruckenden philosophischen Mitteln und anhand exponierter Beispiele (...) unternehmerischen Handelns, inwiefern und inwieweit Unternehmen moralisch zur Rechenschaft gezogen werden können. Dies hat weitreichende philosophische, ethische und nicht zuletzt politische Konsequenzen. (shrink)

We propose a principle of sustainability to complement established principles used for justifying healthcare resource allocation. We argue that the application of established principles of equal treatment, need, prognosis and cost-effectiveness gives rise to what we call negative dynamics: a gradual depletion of the value possible to generate through healthcare. These principles should therefore be complemented by a sustainability principle, making the prospect of negative dynamics a further factor to consider, and possibly outweigh considerations highlighted by the other principles. We (...) demonstrate how this principle may take different forms, and show that a commitment to sustainability is supported by considerations internal to the ethical principles already guiding healthcare resource allocation. We also consider two objections. The first of these, we argue, is either based on implausible assumptions or begs the question, whereas the second can be adequately accommodated by the principle we propose. (shrink)

The classic programme of conceptual engineering (Cappelen, Herman. 2018. Fixing Language: An Essay on Conceptual Engineering. Oxford: Oxford University Press; Eklund, Matti. 2021. “Conceptual Engineering.” In The Routledge Handbook of Social and Political Philosophy of Language, edited by Justin Khoo, and Rachel Sterken, 15–30. London: Routledge) envisages a two-stage ameliorating process. First, we assess ‘F’ and determine what the term should express. Second, we bring it about that ‘F’ expresses what it should express. The second stage gives rise to a (...) practical challenge: the implementation challenge. Engineering advocates need to explain by what means they can implement specific conceptual changes in the natural language shared by a community – a feat Herman Cappelen (2018. Fixing Language: An Essay on Conceptual Engineering. Oxford: Oxford University Press, 2020; “Conceptual Engineering: The Master Argument.” In Conceptual Engineering and Conceptual Ethics, edited by Alexis Burgess, Herman Cappelen, and David Plunkett, 132–151. Oxford: Oxford University Press) argues to be beyond our understanding and control both on an externalist and on an internalist meta-semantics. I devise a new answer to the implementation challenge. Enlisting the influential theory of social norms by Cristina Bicchieri, I argue that engineering social norms in Bicchieri’s technical sense amounts to an effective, specific, and feasible means to implement specific conceptual change, at least on internalist premises. I also argue that Bicchieri’s social norms are an essential addition to the more familiar conventions and moral norms when it comes to conceptual engineering. (shrink)

Research in quantum gravity strongly suggests that our world in not fundamentally spatiotemporal, but that spacetime may only emerge in some sense from a non-spatiotemporal structure, as this paper illustrates in the case of causal set theory and loop quantum gravity. This would raise philosophical concerns regarding the empirical coherence and general adequacy of theories in quantum gravity. If it can be established, however, that spacetime emerges in the appropriate circumstances and how all its relevant aspects are explained in fundamental (...) non-spatiotemporal terms, then the challenge is fully met. It is argued that a form of spacetime functionalism offers the most promising template for this project. (shrink)

Approaches to quantum gravity often involve the disappearance of space and time at the fundamental level. The metaphysical consequences of this disappearance are profound, as is illustrated with David Lewis's analysis of modality. As Lewis's possible worlds are unified by the spatiotemporal relations among their parts, the non-fundamentality of spacetime---if borne out---suggests a serious problem for his analysis: his pluriverse, for all its ontological abundance, does not contain our world. Although the mere existence---as opposed to the fundamentality---of spacetime must be (...) recovered from the fundamental structure in order to guarantee the empirical coherence of the non-spatiotemporal fundamental theory, it does not suffice to salvage Lewis's theory of modality from the charge of rendering our actual world impossible. (shrink)

Information theory presupposes the notion of an epistemic agent, such as a scientist or an idealized human. Despite that, information theory is increasingly invoked by physicists concerned with fundamental physics, physics at very high energies, or generally with the physics of situations in which even idealized epistemic agents cannot exist. In this paper, I shall try to determine the extent to which the application of information theory in those contexts is legitimate. I will illustrate my considerations using the case of (...) black hole thermodynamics and Bekenstein's celebrated argument for his formula for the entropy of black holes. This example is particularly pertinent to the theme of the present collection because it is widely accepted as `empirical data' in notoriously empirically deprived quantum gravity, even though the laws of black hole thermodynamics have so far evaded direct empirical confirmation. (shrink)

This article aims to explore the relations between equality of opportunity and early childhood. By referring to the work of contemporary philosophers, i.e. Rawls, Sen, Dworkin, Cohen and Roemer, we argue for different possible interpretations, based on political discussions, concerning how to operationalize equality of opportunities. We represent these diverging options on a continuum, ranging from Responsibility-oriented Equality of Opportunity and Circumstances-oriented Equality of Opportunity. We then analyse how early childhood care and education policies can be constructed in relation to (...) these conceptualisations and argue that the CEOp is a more plausible interpretative framework to operationalize equality of opportunity in early childhood. (shrink)

Der Beitrag beschäftigt sich mit kulturanthropologischen und literarischen Reflexionen auf den Bewegungsmodus des Gehens. Er diskutiert die Frage, inwieweit das Gehen in diesen Diskursen als Linienpraxis aufgefasst wird. Ausgangspunkt ist die Beobachtung, dass die Kulturanthropologie, die dem aufrechten Gang eine Schlüsselfunktion für die Anthropogenese zuweist, diesen zugleich als Produkt eines ›Begradigungsprozesses‹ markiert und an die dichotomische Gegenüberstellung von Natur und Kultur koppelt. In literarischen Texten, aber auch in neueren ökoanthropologischen Ansätzen wird die Natur-Kultur-Opposition und die damit verbundene Privilegierung der geraden (...) Linie kritisch hinterfragt. Setzt die literarische Peripatetik mithin eine alternative Form der Beziehung zwischen Mensch und Umwelt in Szene? Entwirft sie eine Ökologie des Denkens und Wahrnehmens, die sich jenseits der Natur-Kultur-Dichotomie bewegt? Diese Fragen werden an ausgewählten Fallbeispielen beleuchtet. The essay deals with the peripatetic mode of movement as reflected in cultural anthropology and literature. It asks to what extent these discourses view walking as a practice of line-making. The point of departure is the observation that cultural anthropology ascribes a key role to the upright gait within anthropogenesis while associating it with a process of rectilinearization on the one hand and a sharp dichotomy between nature and culture on the other hand. Certain literary texts and recent approaches in ecologically oriented anthropology have, however, challenged the validity of this dichotomy and the concomitant privilege of the straight line. Does literary peripatetics thus propose an alternative way to grasp the relationship between human beings and the environment? Does it outline a new ecology of the mind that supersedes the binary relation between nature and culture? These questions are discussed with reference to selected case studies. (shrink)

Unlike the relativity theory it seeks to replace, causal set theory has been interpreted to leave space for a substantive, though perhaps ‘localized’, form of ‘becoming’. The possibility of fundamental becoming is nourished by the fact that the analogue of Stein’s theorem from special relativity does not hold in causal set theory. Despite this, we find that in many ways, the debate concerning becoming parallels the well-rehearsed lines it follows in the domain of relativity. We present, however, some new twists (...) and challenges. In particular, we show that a novel and exotic notion of becoming is compatible with causal sets. In contrast to the ‘localized’ becoming considered compatible with the dynamics of causal set theory by its advocates, our novel kind of becoming, while not answering to the typical A-theoretic demands, is ‘global’ and objective. (shrink)

In this book, Christian Barry and Sanjay G. Reddy propose ways in which the international trading system can support poor countries in promoting the well-being of their peoples.

This paper poses a problem for Lewis’ Principal Principle in a subjective Bayesian framework: we show that, where chances inform degrees of belief, subjective Bayesianism fails to validate normal informal standards of what is reasonable. This problem points to a tension between the Principal Principle and the claim that conditional degrees of belief are conditional probabilities. However, one version of objective Bayesianism has a straightforward resolution to this problem, because it avoids this latter claim. The problem, then, offers some support (...) to this version of objective Bayesianism. (shrink)

Direct inferences identify certain probabilistic credences or confirmation-function-likelihoods with values of objective chances or relative frequencies. The best known version of a direct inference principle is David Lewis’s Principal Principle. Certain kinds of statements undermine direct inferences. Lewis calls such statements inadmissible. We show that on any Bayesian account of direct inference several kinds of intuitively innocent statements turn out to be inadmissible. This may pose a significant challenge to Bayesian accounts of direct inference. We suggest some ways in which (...) these challenges may be addressed. (shrink)

This paper poses a problem for Lewis’ Principal Principle in a subjective Bayesian framework: we show that, where chances inform degrees of belief, subjective Bayesianism fails to validate normal informal standards of what is reasonable. This problem points to a tension between the Principal Principle and the claim that conditional degrees of belief are conditional probabilities. However, one version of objective Bayesianism has a straightforward resolution to this problem, because it avoids this latter claim. The problem, then, offers some support (...) to this version of objective Bayesianism. (shrink)

A new landscape of prenatal testing is presently developing, including new techniques for risk-reducing, non-invasive sampling of foetal DNA and drastically enhanced possibilities of what may be rapidly and precisely analysed, surrounded by a growing commercial genetic testing industry and a general trend of individualization in healthcare policies. This article applies a set of established ethical notions from past debates on PNT for analysing PNT screening-programmes in this new situation. While some basic challenges of PNT stay untouched, the new development (...) supports a radical individualization of how PNT screening is organized. This reformation is, at the same time, difficult to reconcile with responsible spending of resources in a publicly funded healthcare context. Thus, while the ethical imperative of individualization holds and applies to PNT, the new landscape of PNT provides reasons to start rolling back the type of mass-screening programmes currently established in many countries. Instead, more limited offers are suggested, based on considerations of severity of conditions and optimized to simultaneously serve reproductive autonomy and public health within an acceptable frame of priorities. The new landscape of PNT furthermore underscores the ethical importance of supporting and including people with disabilities. For the very same reason, no ban on what may be analysed using PNT in the new landscape should be applied, although private offers must, of course, conform to strict requirements of respecting reproductive autonomy and what that means in terms of counselling. (shrink)

The precautionary principle (PP) has been criticised for almost every intellectual sin one may imagine: unclarity, impracticability, rigidity, implausibility etc. Recognising the rather obvious fact that there is no such thing as one PP, this paper attempts to address this criticism on a more constructive note than merely view it as forcing us to be "for or against" precaution. This is done by connecting an underlying ethical ideal regarding the imposition of risks present in most formulations of PP to the (...) criticism and use the latter for discussing how such an idea may be plausibly designed and used for underpinning policies that may plausibly be said to express the spirit of PP. It is argued that the most important issue regarding this is to recognise that there is something to the idea that imposing risks on people has a morally significant price, but that we must also acknowledge that taking precautionary measures to avoid or decrease such risks has such a price. The critical issue in the ethics of risk of relevance for PP thus becomes what constitutes a proper price of precaution. It is demonstrated how two simple constraints on this amkes it easy to meet many typical arguments against PP, but also how this issue must be further attacked by means transcending the traditional tools of normative ethics and decision theory, as well as how further reflection along such lines connects PP to issues of international.. (shrink)

Die sogenannte Syphilisfrage ist von Beginn an ein Thema der Nietzscheforschung. Das vorliegende Buch versucht diese Frage zu beantworten, indem es sich auf eine aufwändige Spurensuche bis zurück zur Syphilis der Renaissance-Päpste begibt. Wie war in verschiedenen Zeiten der Umgang mit der Krankheit und der fortwährenden Furcht, infiziert zu sein? Mit welchen Subtexten bringen Dichter und Denker zur Zeit Nietzsches das Thema zur Sprache? Und wie gab Nietzsche selbst in seinen Werken und Briefen davon Kunde? Das Buch betrachtet Nietzsche im (...) europäischen Kontext des 19. Jahrhunderts, in dem die Angst vor der Lustseuche allgegenwärtig war. Christian Niemeyers Nietzsche-Lektüre im Zeichen der Syphilis eröffnet überraschende Deutungsmöglichkeiten im Werk Friedrich Nietzsches. (shrink)

The vision of legendary criminologist Cesare Lombroso to use scientific theories of individual causes of crime as a basis for screening and prevention programmes targeting individuals at risk for future criminal behaviour has resurfaced, following advances in genetics, neuroscience and psychiatric epidemiology. This article analyses this idea and maps its ethical implications from a public health ethical standpoint. Twenty-seven variants of the new Lombrosian vision of forensic screening and prevention are distinguished, and some scientific and technical limitations are noted. Some (...) lures, biases and structural factors, making the application of the Lombrosian idea likely in spite of weak evidence are pointed out and noted as a specific type of ethical aspect. Many classic and complex ethical challenges for health screening programmes are shown to apply to the identified variants and the choice between them, albeit with peculiar and often provoking variations. These variations are shown to actualize an underlying theoretical conundrum in need of further study, pertaining to the relationship between public health ethics and the ethics and values of criminal law policy. (shrink)

_Making Sense of Tantric Buddhism_ fundamentally rethinks the nature of the transgressive theories and practices of the Buddhist Tantric traditions, challenging the notion that the Tantras were "marginal" or primitive and situating them instead--both ideologically and institutionally--within larger trends in mainstream Buddhist and Indian culture. Critically surveying prior scholarship, Wedemeyer exposes the fallacies of attributing Tantric transgression to either the passions of lusty monks, primitive tribal rites, or slavish imitation of Saiva traditions. Through comparative analysis of modern historical narratives--that depict (...) Tantrism as a degenerate form of Buddhism, a primal religious undercurrent, or medieval ritualism--he likewise demonstrates these to be stock patterns in the European historical imagination. Through close analysis of primary sources, Wedemeyer reveals the lived world of Tantric Buddhism as largely continuous with the Indian religious mainstream and deploys contemporary methods of semiotic and structural analysis to make sense of its seemingly repellent and immoral injunctions. Innovative, semiological readings of the influential _Guhyasamaja Tantra_ underscore the text's overriding concern with purity, pollution, and transcendent insight--issues shared by all Indic religions--and a large-scale, quantitative study of Tantric literature shows its radical antinomianism to be a highly managed ritual observance restricted to a sacerdotal elite. These insights into Tantric scripture and ritual clarify the continuities between South Asian Tantrism and broader currents in Indian religion, illustrating how thoroughly these "radical" communities were integrated into the intellectual, institutional, and social structures of South Asian Buddhism. (shrink)

In der Reihe werden herausragende monographische Untersuchungen und Sammelbände zu allen Aspekten der Philosophie Kants veröffentlicht, ebenso zum systematischen Verhältnis seiner Philosophie zu anderen philosophischen Ansätzen in Geschichte und Gegenwart. Veröffentlicht werden Studien, die einen innovativen Charakter haben und ausdrückliche Desiderate der Forschung erfüllen. Die Publikationen repräsentieren damit den aktuellsten Stand der Forschung.

Although general relativity is a predictively successful theory, it treats matter as classical rather than as quantum. For this reason, it will have to be replaced by a more fundamental quantum theory of gravity. Attempts to formulate a quantum theory of gravity suggest that such a theory may have radical consequences for the nature, and indeed the fate, of spacetime. The present article articulates what this problem of spacetime is and traces it three approaches to quantum gravity taking general relativity (...) as their vantage point: semi-classical gravity, causal set theory, and loop quantum gravity. (shrink)

European Journal of Philosophy, EarlyView.