ABSTRACT This article stems from a project launched by the International Committee of the Red Cross in 2017 to examine the degree to which Buddhism might complement or enhance international humanitarian law, also known as ‘the law of war’ or ‘the law of armed conflict’. Given that Buddhist teachings discourage violence, scholarship has critiqued Buddhists’ involvement in armed conflict rather than considered how Buddhism might contribute to regulating the conduct of hostilities once war has broken out. Yet the Buddhist aim (...) to reduce suffering is particularly relevant during armed conflict, and the empirical realism of early Buddhist texts shows that early Buddhist communities were very much aware of its grim reality. The article investigates the evidence for this empirical realism before exploring a range of concepts, doctrines and practices from within Buddhism that are pertinent to the recognition and implementation of IHL principles and the conduct of war. While IHL lays down explicit rules to follow during war, Buddhism emphasises broader ethical principles to be applied, so as not to dilute its ideal of non-violence. At a deeper level, it addresses the intention or motivation of parties to armed conflict, and possesses psychological insights and resources to help change their behaviour. (shrink)
This essay criticizes the proposal recently defended by a number of prominent economists that welfare economics be redirected away from the satisfaction of people's preferences and toward making people happy instead. Although information about happiness may sometimes be of use, the notion of happiness is sufficiently ambiguous and the objections to identifying welfare with happiness are sufficiently serious that welfare economists are better off using preference satisfaction as a measure of welfare. The essay also examines and criticizes the position associated (...) with Daniel Kahneman and a number of co-authors that takes welfare to be ‘objective happiness’ – that is, the sum of momentary pleasures. (shrink)
The tenuous claims of cost-benefit analysis to guide policy so as to promote welfare turn on measuring welfare by preference satisfaction and taking willingness-to-pay to indicate preferences. Yet it is obvious that people's preferences are not always self-interested and that false beliefs may lead people to prefer what is worse for them even when people are self-interested. So welfare is not preference satisfaction, and hence it appears that cost-benefit analysis and welfare economics in general rely on a mistaken theory of (...) well-being. This essay explores the difficulties, criticizes standard defences of welfare economics, and then offers a new partial defence that maintains that welfare economics is independent of any philosophical theory of well-being. Welfare economics requires nothing more than an evidential connection between preference and welfare: in circumstances in which people are concerned with their own interests and reasonably good judges of what will serve their interests, their preferences will be reliable indicators of what is good for them. (shrink)
This essay attempts to distinguish the pressing issues for economists and economic methodologists concerning realism in economics from those issues that are of comparatively slight importance. In particular I shall argue that issues concerning the goals of science are of considerable interest in economics, unlike issues concerning the evidence for claims about unobservables, which have comparatively little relevance. In making this argument, this essay raises doubts about the two programs in contemporary economic methodology that raise the banner of realism. In (...) particular I argue that the banner makes it more difficult to relate the concerns of those who wave it to those of other methodologists. Although this essay argues that many of the debates in this century between scientific realists and their opponents are not relevant to economics, it does not attack scientific realism, and it does not urge economists or economic methodologists to reject it. (shrink)
I make a proposal about what wondering is and how it differs from other mental phenomena like curiosity. I argue that, though it's tempting to analyze wondering as a desire to know the answer to the question one wonders about, that would be wrong, since wondering is an activity rather than a state, i.e., something we do. I also argue that wondering about a question needn't even essentially involve a desire to know the answer to that question, even as a (...) necessary part of what rationalizes the wondering. Instead, on my account, to wonder about a question is to consider various possible answers as possible answers, guided by mechanisms whose function is to make the subject epistemically better off with respect to those answers, and which considering ceases at least when a person is consciously certain of the answer to their question. This allows wondering to not be objectionably metacognitive, and allows us to make sense of cases in which the motivating desire isn't to know an answer but just to wonder itself. (shrink)
Many libertarians believe that self-ownership is a separate matter from ownership of extra-personal property. “No-proviso” libertarians hold that property ownership should be free of any “fair share” constraints, on the grounds that the inability of the very poor to control property leaves their self-ownership intact. By contrast, left-libertarians hold that while no one need compensate others for owning himself, still property owners must compensate others for owning extra-personal property. What would a “self” have to be for these claims to be (...) true? I argue that both of these camps must conceive of the boundaries of the self as including one's body but no part of the extra-personal world. However, other libertarians draw those boundaries differently, so that self-ownership cannot be separated from the right to control extra-personal property after all. In that case, property ownership must be subject to a fair share constraint, but that constraint does not require appropriators to pay compensation. This view, which I call “right libertarianism,” differs importantly from the other types primarily in its conception of the self, which I argue is independently more plausible. (shrink)
The psychological condition of happiness is normally considered a paradigm subjective good, and is closely associated with subjectivist accounts of well-being. This article argues that the value of happiness is best accounted for by a non-subjectivist approach to welfare: a eudaimonistic account that grounds well-being in the fulfillment of our natures, specifically in self-fulfillment. And self-fulfillment consists partly in authentic happiness. A major reason for this is that happiness, conceived in terms of emotional state, bears a special relationship to the (...) self. These arguments also point to a more sentimentalist approach to well-being than one finds in most contemporary accounts, particularly among Aristotelian forms of eudaimonism. (shrink)
In this commentary, I will consider the implications of the argument made by Christopher Stratman (2020) in ‘Ectogestation and the Problem of Abortion’. Clearly, the possibility of ectogestation will have some effect on the ethical debate on abortion. However, I have become increasingly sceptical that the possibility of ectogestation will transform the problem of abortion. Here, I outline some of my reasons to justify this scepticism. First, that virtually everything we already know about unintended pregnancies, abortion and adoption does not (...) prima facie support the assumption that a large shift to ectogestation would occur. Moreover, if ectogestation does not lead to significant restrictions to abortion then there is unlikely to be any radical transformation of the practice of abortion. Second, abortion is already associated with stigma and so the presence of ectogestation would need to create additional stigma to modify behaviour. Finally, I argue that ectogestation shifts the debate away from the fetus to the human subject of the artificial womb—the gestateling. Therefore, creating a new category of killing—gestaticide—and this would only reorient the debate rather than end it. (shrink)
In the international bestseller, Thinking, Fast and Slow, Daniel Kahneman, the renowned psychologist and winner of the Nobel Prize in Economics, takes us on a groundbreaking tour of the mind and explains the two systems that drive the way we think. System 1 is fast, intuitive, and emotional; System 2 is slower, more deliberative, and more logical. The impact of overconfidence on corporate strategies, the difficulties of predicting what will make us happy in the future, the profound effect of (...) cognitive biases on everything from playing the stock market to planning our next vacation—each of these can be understood only by knowing how the two systems shape our judgments and decisions. -/- Engaging the reader in a lively conversation about how we think, Kahneman reveals where we can and cannot trust our intuitions and how we can tap into the benefits of slow thinking. He offers practical and enlightening insights into how choices are made in both our business and our personal lives—and how we can use different techniques to guard against the mental glitches that often get us into trouble. Winner of the National Academy of Sciences Best Book Award and the Los Angeles Times Book Prize and selected by The New York Times Book Review as one of the ten best books of 2011, Thinking, Fast and Slow is destined to be a classic. (shrink)
It is extraordinary, when one thinks about it, how little attention has been paid by theorists of the nature and justification of punishment to the idea that punishment is essentially a matter of self-defense. H. L. A. Hart, for example, in his famous “Prolegomenon to the Principles of Punishment,” is clearly committed to the view that, at bottom, there are just three directions in which a plausible theory of punishment can go: we can try to justify punishment on purely consequentialist (...) grounds, which for Hart, I think, would be to try to construct a purely utilitarian justification of punishment; we can try to justify punishment on purely retributive grounds; or we can try to justify punishment on grounds that are some sort of shrewd combination of consequentialist and retributive considerations. Entirely absent from Hart's discussion is any consideration of the possibility that punishment might be neither a matter of maximizing the good, nor of exacting retribution for a wrongful act, nor of some imaginative combination of these things, but, rather, of something altogether different from either of them: namely, the exercise of a fundamental right of self-protection. Similarly, but much more recently, R. A. Duff, despite the fact that he himself introduces and defends an extremely interesting fourth possibility, begins his discussion by writing as though, apart from his contribution, there are available to us essentially just the options previously sketched by Hart. Again, there is no mention here, any more than in Hart's or any number of other recent discussions, of the possibility that we might be able to justify the institution of punishment on grounds that are indeed forward-looking, to use Hart's famous term, but that are not at all consequentialist in any ordinary sense of the word. (shrink)
Martin Heidegger and Ernst Jünger rightly count among the signal examples of intellectual complicity with National Socialism. But after supporting the National Socialist movement in its early years, they both withdrew from political activism during the 1930s and considered themselves to be in “inner emigration” thereafter. How did they react to the end of National Socialism, to the Allied occupation and finally to the foundation of the Federal Republic of Germany in 1949? Did they abandon their stance of seclusion and (...) engage once more with political issues? Or did they persist in their withdrawal from the political sphere? In analyzing the intellectual relationship of Heidegger and Jünger after 1945, the article reevaluates the assumption of a “deradicalization” of German conservatism after the Second World War by showing that Heidegger's and Jünger's postwar positions were no less radical than their earlier thought, although their attitude towards the political sphere changed fundamentally. (shrink)
In this book, Daniel Hutto and Erik Myin promote the cause of a radically enactive, embodied approach to cognition that holds that some kinds of minds -- basic minds -- are neither best explained by processes involving the manipulation of ...
In ordinary circumstances, human actions have a myriad of unintended and often unforeseen consequences for the lives of other people. Problems of pollution are serious examples, but spillovers and side effects are the rule, not the exception. Who knows what consequences this essay may have? This essay is concerned with the problems of justice created by spillovers. After characterizing such spillovers more precisely and relating the concept to the economist's notion of an externality, I shall then consider the moral conclusions (...) concerning spillovers that issue from a natural rights perspective and from the perspective of welfare economics supplemented with theories of distributive justice. I shall argue that these perspectives go badly awry in taking spillovers to be the exception rather than the rule in human interactions. I. Externalities Economists have discussed spillovers under the heading of “externalities.” To say this is not very helpful, since there is so much disagreement concerning both the definition and significance of externalities. (shrink)
By embodying the hopes of a set of qualitative liberals who believed that postwar economic abundance opened up opportunities for self-development, David Riesman's bestselling The Lonely Crowd influenced the New Left. Yet Riesman's assessment of radical youth protest shifted over the course of the 1960s. As an antinuclear activist he worked closely with New Left leaders during the early 1960s. By the end of the decade, he became a sharp critic of radical protest. However, other leading members of Riesman's circle, (...) such as Kenneth Keniston, author of the influential Young Radicals, applied Riesman's ideas to create more sympathetic understandings of the New Left. Examining reactions to the New Left by Riesman and his associates allows historians to go beyond the common understanding of the key ideological divisions of the 1960s as existing between liberalism and radicalism or between liberalism and conservatism to better appreciate the significance of splits among liberals themselves. (shrink)
An extended argument that cognitive phenomena—perceiving, imagining, remembering—can be best explained in terms of an interface between contentless and content-involving forms of cognition. -/- Evolving Enactivism argues that cognitive phenomena—perceiving, imagining, remembering—can be best explained in terms of an interface between contentless and content-involving forms of cognition. Building on their earlier book Radicalizing Enactivism, which proposes that there can be forms of cognition without content, Daniel Hutto and Erik Myin demonstrate the unique explanatory advantages of recognizing that only some (...) forms of cognition have content while others—the most elementary ones—do not. They offer an account of the mind in duplex terms, proposing a complex vision of mentality in which these basic contentless forms of cognition interact with content-involving ones. -/- Hutto and Myin argue that the most basic forms of cognition do not, contrary to a currently popular account of cognition, involve picking up and processing information that is then used, reused, stored, and represented in the brain. Rather, basic cognition is contentless—fundamentally interactive, dynamic, and relational. In advancing the case for a radically enactive account of cognition, Hutto and Myin propose crucial adjustments to our concept of cognition and offer theoretical support for their revolutionary rethinking, emphasizing its capacity to explain basic minds in naturalistic terms. They demonstrate the explanatory power of the duplex vision of cognition, showing how it offers powerful means for understanding quintessential cognitive phenomena without introducing scientifically intractable mysteries into the mix. (shrink)
Joshua Daniel offers a reconstruction of the influence of Josiah Royce and George Herbert Mead on H. Richard Niebuhr to counter predominate strains in Christian ethics that overemphasize the role of socialization in moral formation at the expense of acknowledging the agency of individuals and their importance in preventing communities from turning in on themselves or becoming static. Daniel characterizes the driving worry of postliberal Christian ethics as “the accommodation of Christian communities to prevailing social forces and norms, (...) which is understood to radically undermine the churches’ existence and mission”. The primary accusation against these prevailing social norms is individualism. The modern... (shrink)
Thinking about metaphysical problems in terms of grounding has its uses, but those uses are limited. This paper argues against attempts to see issues of grounding as having a central and organising role in metaphysical inquiry. After arguing that grounding does some useful work, this paper will argue that grounding is neither the central tool for understanding explanation in metaphysics, nor defines the subject matter of metaphysics. Instead, grounding tracks only some of the metaphysical explanations we should be looking for, (...) and is only one among many of the topics metaphysics aims to address. (shrink)
Distinguished contributors take up eminent scholar Daniel R. Schwarz’s reading of modern fiction and poetry as mediating between human desire and human action. The essayists follow Schwarz’s advice, “always the text, always historicize,” thus making this book relevant to current debates about the relationships between literature, ethics, aesthetics, and historical contexts.
At lunch one day a colleague and I had a friendly argument over occupational licensing. I attacked it for being anticompetitive, arguing that licensing boards raise occupational incomes by restricting entry, advertising, and commercialization. My colleague, while acknowledging anticompetitive aspects, affirmed the need for licensing on the grounds of protecting the consumer from frauds and quacks. In many areas of infrequent and specialized dealing, consumers are not able, ex ante or even ex post, to evaluate competence. I countered by suggesting (...) voluntary means by which reputational problems might be handled and by returning to the offensive. I said that in fact the impetus for licensing usually comes from the practitioners, not their customers, and that licensing boards seldom devote their time to ferreting out incompetence but rather simply to prosecuting unlicensed practitioners. I mentioned cross-sectional findings, such as those on state licensure, prices, and occupational incomes. Overall, I characterized the professional establishment as a group of dastardly operators, who set the standards, write the codes, and enforce behavior to enhance their own material wellbeing - in brief, as venal rent-seekers. (shrink)
The great work of the psychotic judge Daniel Paul Schreber, namely Memoirs of My Nervous Illness, has received predictable and rather unimaginative interpretations as the discourse of a lunatic. The work has not been studied as a theory of law. Schreber, it is argued here, was an extreme lawyer, a radical melancholegalist, a black letter theorist, a critic avant la lettre, and a radical theorist of an impure jurisprudence.