Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should (...) therefore repair the harm they have done. Deterring cheapest cost-avoiders from committing future harms no more justifies imposing liability in tort than deterring future crime justifies hanging the innocent. This is a powerful critique of the economic theory of tort, but it overshoots the mark. As an account of tort law, corrective justice puts the cart before the horse Tort is a law of wrongs, not just a law of redress for wrongs. Repairing harm wrongly done is the next best way of complying with an obligation not to do harm wrongly in the first place. Rights and remedies form a unity in which rights have priority. Corrective justice is thus an essential but subordinate aspect of tort. This paper develops this line of criticism of corrective-justice theory and offers an alternative account of tort that places primary norms of harm avoidance and respect for rights at its center. On this conception, tort isa law of wrongs, but its distinctiveness lies in the content and character of the wrongs with which it is concerned. At its core, tort is concerned with protecting essential conditions of individual agency. (shrink)

The tort law of negligence is one of our principal forms of protection against accidental physical injury. But it is underspecified in one respect and incomplete in another. The common law of negligence is underspecified in that its norm of reasonable care does not register clearly enough the fact that it is reasonable to take greater precautions against some kinds of physical injuries — severe and irreparable ones — than it is against other kinds — mild and fully repairable ones. (...) The common law of negligence is incomplete in that it relies on the award of money damages to induce prospective injurers to exercise reasonable care prospectively, yet does not so much as attempt to fully monetize the harm done by unreasonable risks that result in death. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Catholic Postliberalism in the Ruins of "the Catholic Moment"James F. KeatingA historically conversant reader interested in the current state of discourse regarding Catholicism and American politics will find a good amount of familiar discord. He will discover, for example, that the life issues continue to bedevil. Can a Catholic vote in good conscience for an abortion-rights candidate over a pro-life competitor if that candidate is more supportive of other (...) policies in line with Catholic Social Teaching? This issue has, of course, been with the American Church for some time now, even if it has taken on renewed urgency given the coincidence of the overturning of Roe v. Wade with the presidency of Joseph Biden, the second Roman Catholic to hold that office and a recent convert to pro-choice stridency. The action of the Supreme Court and the battles within the various states will ensure that abortion remains at the political heart of American Catholicism for years to come. One can say something similar about other issues, such as immigration, gun control, and economic justice. None of this will be found to be particularly surprising. The same cannot be said, however, of the return of a more fundamental question, one thought to have been settled since the mid-1960s. That question is whether Roman Catholicism and American liberal democracy are incompatible to the extent that Catholics ought to seek, if possible, another constitutional arrangement, one more friendly to the Catholic cause.Our reader would be familiar with the standard narrative that, while the existence of a medieval Church in a modern polity that upholds religious freedom had been a matter of concern since the dawn of the Republic, it [End Page 991] became serious only in the first half of the twentieth century as the number of Catholics and their influence grew. Until that time, American bishops, such as Archbishop John Ireland (1815–1918), made a special point of speaking publicly on the benefits of American freedom for the Church, just as they made clear that Catholics could be as patriotic as any other citizen. If there were tensions, they came primarily from anti-Catholic bigotry and governmental overreach. Things changed, however, when the point at issue was no longer primarily a religious one of Catholic believers infecting their Protestant neighbors with erroneous doctrine, but rather the threat so many Catholics posed to the fate of American freedom itself. In a postwar America concerned with the spread of Soviet communism, Paul Blanshard found a ready audience for his scholarly anti-Catholic diatribes, American Freedom and Catholic Power (1949) and Communism, Democracy, and Catholic Power (1951).1 Without much difficultly, he pointed to various statements of Gregory XVI and Pius IX condemning the separation of Church and state, the freedom of religious conscience, and democracy as the best governmental form. To top things off, he had Leo XIII's Testem Benevolentiae, an 1899 letter to the Cardinal Archbishop James Gibbons of Baltimore, warning him and his fellow bishops not to speak of the constitutional arrangement of the United States as a political ideal. While Leo had positive things to say about the American system, his admonition followed the traditional line: while constitutional protections of religious freedom are necessary when Catholics are in the minority, the ideal situation is a state that officially confesses and supports the Catholic religion. Of more recent vintage, Blanshard could quote the response of America's best-known Catholic theologian, Monsignor John A. Ryan, to the question of whether non-Catholics would be permitted to practice their religion in this ideal state:If these are carried on within the family, or in such inconspicuous manner as to be an occasion neither of scandal nor of perversion to the faithful, they may be properly tolerated by the State,... Quite distinct from the performance of false religious worship and preaching to the members of the erring sects, is the propagation of the false doctrine among Catholics. This could become a source of injury, a positive menace, to the religious welfare of true believers. Against such an evil they have a right of protection by the Catholic State... If there is only one true religion, and... (shrink)

The field of of imprecise probability has matured, in no small part because of Teddy Seidenfeld’s decades of original scholarship and essential contributions to building and sustaining the ISIPTA community. Although the basic idea behind imprecise probability is (at least) 150 years old, a mature mathematical theory has only taken full form in the last 30 years. Interest in imprecise probability during this period has also grown, but many of the ideas that the mature theory serves can be difficult to (...) apprehend to those new to the subject. Although these fundamental ideas are common knowledge in the ISIPTA community, they are expressed, when they are expressed at all, obliquely, over the course of years with students and colleagues. -/- A single essay cannot convey the store of common knowledge from any research community, let alone the ISIPTA community. But, this essay nevertheless is an attempt to guide those familiar with the basic Bayesian framework to appreciate some of the elegant and powerful ideas that underpin the contemporary theory of lower previsions, which is the theory that most people associate with the term ‘imprecise probabilities’. (shrink)

This paper argues against the common justification for the necessity of the state through the particular difficulty of private property right. Instead, I argue that the necessity of the state is internal to the concept of right in general. In order to show this, I point out how Kants adoption of hylomorphic language for the concept of right, where there is a formal and material aspect of right, allows us to understand the Rechtslehre as progressing through a syllogistic deduction from (...) innate right (major), private right (minor) to public right (conclusion). Material right is made necessary through its subsumption under formal right in the civil condition. (shrink)

The Oxford Companion to the Mind is a classic. Published in 1987, to huge acclaim, it immediately took its place as the indispensable guide to the mysteries - and idiosyncracies - of the human mind. In no other book can the reader find discussions of concepts such as language, memory, and intelligence, side by side with witty definitions of common human experiences such as the 'cocktail-party' and 'halo' effects, and the least effort principle. Richard Gregory again brings his wit, (...) wisdom, and expertise to bear on this most elusive of subjects. Research into the mind and brain has moved on in bounds in recent years, and interest in the subject has never been so high. There has been a shift in focus away from Freud's concept of the unconscious onto consciousness itself. The new edition of the Companion includes three 'mini symposia' - on consciousness, brain scanning, and artificial intelligence - with contributions from a number of specialists, and encompassing a range of approaches. Cultural as well as scientific in approach, this accessible book offers authoritative descriptions and analysis. With new entries on controversial topics such as artificial life, attachment theory, caffeine, cruetly, drama, extra-terrestrial intelligence, genetics of mental illness, imagination, lying, puzzles, and twins, this highly-anticipated second edition explores the most intriguing of subjects. (shrink)

ABSTRACT This article examines the under-researched figure A.W. Rehberg in his exchange with Kant over the relationship between theory and practice in the philosophy of right. I argue that Rehberg raises, what I call, two problems of political matter which attempt to show that Kant's overly formal approach to political theory cannot justifiably determine political practice. The first problem is the problem of positive determinations of right, rather than merely negative prohibitions. Rehberg takes this to mean that Kant cannot determine (...) us to a specific form of constitution. I argue that Kant's innovation of intelligible property functions as a response to this critique in that it provides the possibility of synthetic propositions of right a priori. Second, Rehberg insists that an a priori system of right cannot relate to already formed historical communities. Here Kant's response comes close to agreeing with Rehberg as Kant takes prudential or historical reasoning to harmonize with the demands of a priori right in order to applied to the sensible world. Kant, in this instance, comes closer to Rehberg by denying centralized enlightened monarchy and the reliance on natural and historical development for the application of right. (shrink)

A half-billion years ago, a few species of single-celled protozoa stumbled irreversibly from loose social interaction into a tight, specialized interdependence. They became multi-celled metazoa, and human beings are one sort. Metazoa greatly transcend their constituent cells in lifetime, abilities, experiences and even materials (like bone). New kind of beings emerged out of the interactions of the old.

This paper builds on previous work that investigated anticancer drugs as ‘informed materials’, i.e., substances that undergo an informational enrichment that situates them in a dense relational web of qualifications and measurements generated by clinical experiments and clinical trials. The paper analyzes the recent transformation of anticancer drugs from ‘informed’ to ‘informing material’. Briefly put: in the post-genomic era, anti-cancer drugs have become instruments for the production of new biological, pathological, and therapeutic insights into the underlying etiology and evolution of (...) cancer. Genomic platforms characterize individual patients’ tumors based on their mutational landscapes. As part of this new approach, drugs targeting specific mutations transcend informational enrichment to become tools for informing their targets, while also problematizing the very notion of a ‘target’. In other words, they have become tools for the exploration of cancer pathways and mechanisms. While several studies in the philosophy and history of biomedicine have called attention to the heuristic relevance and experimental use of drugs, few have investigated concrete instances of this role of drugs in clinical research. (shrink)

Bioethics, Volume 36, Issue 3, Page 243-251, March 2022.

In this timely study, Dawes defends the methodological naturalism of the sciences. Though religions offer what appear to be explanations of various facts about the world, the scientist, as scientist, will not take such proposed explanations seriously. Even if no natural explanation were available, she will assume that one exists. Is this merely a sign of atheistic prejudice, as some critics suggest? Or are there good reasons to exclude from science explanations that invoke a supernatural agent? On the one hand, (...) Dawes concedes the bare possibility that talk of divine action could constitute a potential explanation of some state of affairs, while noting that the conditions under which this would be true are unlikely ever to be fulfilled. On the other hand, he argues that a proposed explanation of this kind would rate poorly, when measured against our usual standards of explanatory virtue. (shrink)

Certain representations are bound in special ways to our sensory capacities; consider, for instance, pictures, sound recordings, and the various forms of mental sensory imagery. What do these representations have in common, and what makes them different from representations of other kinds? Dominic Gregory employs novel ideas on perceptual states and sensory perspectives to explain the special nature of the contents of distinctively sensory representations. The book contains extensive discussions of e.g. perceptual imagination, pictorial representation, and memories.

A careful reading of the initial posing of the issue to be debated with Protagoras and of its subsequent restatement when the debate resumes after a break will show that Socrates employs three distinct formulae, only the first of which answers at all closely to the term "Unity of the Virtues" which has been commonly used in the scholarly literature as a label for the position which Socrates upholds in the debate. The other two formulae, perfectly distinguishable from the first, (...) I shall call the "Similarity" and "Biconditionality" Theses. I shall discuss the three Theses seriatim. But let me emphasize from the start that they are not treated in the text as logically disjoint tenets, but as successive moments in the elucidation of a single doctrine. That is how Protagoras himself understands them. At no point does he try to drive a wedge between them or play off one against another. He accepts them as complementary expressions of a theory which he rejects and combats as a whole. (shrink)

"The author tells a history of the study of cancer-causing viruses from the early twentieth century to the development of an HPV vaccine for cervical cancer in 2006. He profiles the "cancer virus hunters" who made breakthroughs in tumor virology"--.

The desirable gambles framework offers the most comprehensive foundations for the theory of lower pre- visions, which in turn affords the most general ac- count of imprecise probabilities. Nevertheless, for all its generality, the theory of lower previsions rests on the notion of linear utility. This commitment to linearity is clearest in the coherence axioms for sets of desirable gambles. This paper considers two routes to relaxing this commitment. The first preserves the additive structure of the desirable gambles framework and (...) the machinery for coherent inference but detaches the interpretation of desirability from the multiplicative scale invariance axiom. The second strays from the additive combination axiom to accommodate repeated gambles that return rewards by a non-stationary processes that is not necessarily additive. Unlike the first approach, which is a conservative amendment to the desirable gambles framework, the second is a rad- ical departure. Yet, common to both is a method for describing rewards called discounted utility. (shrink)

The emergence of de‐extinction is a study in technological optimism. What has already been accomplished in recovering ancient genomes, recreating them, and reproducing animals with engineered genomes is amazing but also has a long ways to go to achieve “de‐extinction” as most people would understand that term. Still, with some caveats in place, creating a functional replacement for an extinct species may sometimes be doable, and given the right goals, might sometimes make sense. The International Union for Conservation of Nature (...) guidelines for de‐extinction do a reasonable job of keeping the caveats in place and clarifying the goals. In fact, given the right caveats about what de‐extinction can accomplish, we should pay a lot of attention to the technology and should think carefully about the goals. Not only has the technology been advancing, but our environmental standards have been getting looser and more flexible, providing less guidance for implementing the technology. The guiding ideals for conservation are often explained as a choice between John Muir, founder of The Sierra Club, and Gifford Pinchot, who helped create the U.S. Forest Service. Muir argued for preserving some places in the world in their natural state because of their great value and beauty. Pinchot, by contrast, was bluntly utilitarian. He argued for trying to keep some natural places more or less undamaged so that we could use them later. There has long been dissatisfaction with this choice, and in the last couple of decades, a number of prominent voices have proposed a “gardening ethic” as a new standard that combines elements of Muir and Pinchot. A gardening ethic is supposed to both celebrate the land and declare that it must now be managed. But what would good gardening mean when it comes to de‐extinction? (shrink)

W. V. Quine was the most important naturalistic philosopher of the twentieth century and a major impetus for the recent resurgence of the view that empirical science is our best avenue to knowledge. His views, however, have not been well understood. Critics charge that Quine’s naturalized epistemology is circular and that it cannot be normative. Yet, such criticisms stem from a cluster of fundamental traditional assumptions regarding language, theory, and the knowing subject – the very presuppositions that Quine is at (...) pains to reject. Through investigation of Quine’s views regarding language, knowledge, and reality, the author offers a new interpretation of Quine’s naturalism. The naturalism/antinaturalism debate can be advanced only by acknowledging and critiquing the substantial theoretical commitments implicit in the traditional view. Gregory argues that the responses to the circularity and non-normativity objections do just that. His analysis further reveals that Quine’s departure from the tradition penetrates the conception of the knowing subject, and he thus offers a new and engaging defence of Quine’s naturalism. (shrink)

Mitochondrial replacement therapy (MRT) utilises nuclear transfer technology to replace defective mitochondria with healthy ones and thereby minimise the risk of a mitochondrial disease passing from a mother to her child. It promises much but comes with ethical controversy, significant risk of harm and many unknowns. Forming a position on MRT requires accurate information about the current state of knowledge, and an appreciation of the ethical issues at stake. Ethical deliberations will vary depending on the framework used. There are in (...) principle objections to MRT on the grounds of direct harm to human embryos and germline genetic modification. But even without these objections MRT can be weighed in terms of the balance between risks and benefits, alternatives and uncertainties. This paper explores the evidence and lays out the relevant issues to assist such a deliberation. (shrink)

Among the most influential and enigmatic thinkers of the modern age, Nietzsche and Heidegger have become pivotal in the struggle to define postmodernism. In this work, Gregory Smith offers the most comprehensive examination to date of the turn to postmodernity in the writings of these philosophers. Smith argues that, while much of postmodern thought is rooted in Nietzsche and Heidegger, it has ironically attempted, whether unwittingly or by design, to deflect their philosophy back onto a modern path. Other alternative (...) paths emanating from both Nietzschean and Heideggerian thought that might more powerfully speak to postmodern culture have been ignored. Nietzsche and Heidegger, Smith suggests, have made possible a far more revolutionary critique of modernity then even their most ardent postmodern admirers have realized. Smith contends that the influences on the postmodern in the thought of Nietzsche and Heidegger are founded in a new vision of praxis liberated from theory. Ultimately, these philosophers do transcend the nihilism often found in the guise of postmodernism. Their thought is, moreover, consistent with the possibility of limited constitutional government and the rule of law. Smith's book takes the first step toward recovering these possibilities and posing the fundamental questions of politics and ethics in ways that have heretofore been closed off by late-modern thought. (shrink)

The mass extinction visited upon us by capitalism involves many kinds of devastation. Here I clarify the grounds for assessing the most obvious of these harms, i.e., decimation of species diversity. The thesis that variety among species has intrinsic value motivates, and in turn follows from, the “variable value view” (VVV) of abundance within any given species. In contrast, standard axiologies have no place for the intrinsic value of species diversity. I show that the VVV provides a better justification than (...) the latter do, of the way in which a widely-used empirical indicator summarizes the overall state of life on Earth. These considerations favor ecocentric value theory – which ascribes intrinsic value to properties of ecological wholes, like species diversity, that do not supervene on the well-being of their constituent organisms – over its main competitors. I conclude by widening the focus from wild nature alone to the biosphere comprising both wilderness and the domesticated realm. This broadened perspective helps to link the science and ethics of biodiversity with the political struggle to extract ourselves from the moral abyss of mass extinction. (shrink)

Suppose that Paul, while looking at a tree, sees that that thing over there is a red bird. Paul is having what we may call a ‘singular’ perceptual experience. How should we characterise the representational content of his perceptual experience? I will sketch an original answer to this question, building on the internalist accounts propounded by Searle (1983. Intentionality. Cambridge University Press. Ch. 2) and Recanati (2007. Perspectival Thought. Oxford University Press. Ch. 17). Pace Searle, the content of Paul's experience (...) is not a (general) proposition. Pace Recanati, whose account draws on Lewis’s (1979. “Attitudes De Dicto and De Se.” Philosophical Review 88 (4): 513–543) internalist view of de se attitudes, it is not a property of the perceiving subject. Instead, I submit, it is a property of the perceived object. The content is the property of being a red bird, which determines a set of centred worlds whose centre (an object taken at a time) is a red bird; the object (here, the bird) is part of the relevant situation of evaluation for the experience; and the experience is veridical only if the actual world centred on the object belongs to the set of centred worlds determined by that property. I will argue that this view retains the benefits of Searle's and Recanati's accounts while improving on them. (shrink)

Given its title, one might expect Ayn Rand's Introduction to Objectivist Epistemology (ITOE) to outline her positions on the issues normally covered in introductory courses and texts on epistemology. In particular, one might expect to find discussions of epistemic justification- i.e., "our right to the beliefs we have" (Dancy 2005, 263). Justification and the nature of knowledge are widely regarded as the essential subject matter of the field, and, as we will see, Rand effectively agrees with this consensus. 1 Yet (...) her monograph says little directly on these subjects. Rather, it is devoted entirely to the presentation of a theory of concepts. My subject in this essay is how a theory of concepts can be an introduction to an epistemology. More specifically, I will show how Rand's theory and the view of consciousness that it embodies relate to some concerns about justification that are familiar from the contemporary, analytic literature on epistemology. Though I will present some exegesis of Rand and some arguments in support of her positions and related theses of my own, this essay is not primarily exegetical or argumentative. My aim is, rather, to sketch the outlines of an epistemology in a way that brings out the relations between a seldom studied theory of concepts and some much debated questions about justification. I hope in doing so to shed light both on the theory and on the questions. I hope this paves the way for others to argue in greater detail for (or against) the theses I sketch here, and to do so in a way that engages more substantially with the analytic literature. In my view, the chief obstacle to work of this kind has been the lack of a big-picture account of the relation between the subject matter of ITOE and the central concern of analytic epistemology. This is the lack that I aim to remove. (shrink)

The use of contingent valuation methods for estimating the economic value of environmental improvements and damages has increased significantly. However, doubts exist regarding the validity of the usual willingness to pay CV methods. In this article, we examine the CV approach in light of recent findings from behavioral decision research regarding the constructive nature of human preferences. We argue that a principal source of problems with conventional CV methods is that they impose unrealistic cognitive demands upon respondents. We propose a (...) new CV approach, based on the value-structuring capabilities of multiattribute utility theory and decision analysis, and discuss its advantages and disadvantages. (shrink)

Recent articles on teaching controversial topics in schools have employed Michael Hand's distinction between “directive teaching,” in which teachers attempt to persuade students of correct positions on topics that are not rationally controversial, and “nondirective teaching,” in which teachers avoid persuading students on topics that are rationally controversial. However, the four methods of directive teaching discussed in the literature — explicit directive teaching, “steering,” “soft-directive teaching,” and “school ethos endorsement” — make rational persuasion problematic, if not self-defeating. In this essay, (...) Maughn Rollins Gregory argues that “procedurally directive teaching” offers an alternative to such approaches because it derives from the intention to guide inquiry rather than to persuade. He demonstrates that the conceptual frameworks of perfectionism and antiperfectionism, which have been proposed for directive teaching on same-sex marriage, can instead be used to generate open questions for student inquiry, as can a third, civil rights framework. Given these considerations, Gregory maintains that pedagogical guidance on this topic should be procedurally directive rather than substantively directive. Further, the fact that legal, political, and ethics scholars disagree about which framework is more appropriate to the issue of same-sex marriage indicates that such arguments cannot be dispositive of the pedagogical issue of how to frame classroom discussions about it. Rather, students should inquire into this meta-level framing dispute for themselves. (shrink)

A look at the ethics of nationalism and the modern state. In simple language, Gregory Baum discusses the writings of four men whose nationalism was shaped by their religion and their time: Martin Buber, Mahatma Gandhi, Paul Tillich and Jacques Grand'Maison.

:According to an influential argument in business ethics and economics, firms are normatively required to maximize their contributions to social welfare, and the way to do this is to maximize their profits. Against Michael Jensen's version of the argument, I argue that even if firms are required to maximize their social welfare contributions, they are not necessarily required to maximize their profits. I also consider and reply to Waheed Hussain's ‘personal sphere’ critique of Jensen. My distinct challenge to Jensen seems (...) to me fatal to any view according to which firms are normatively required to maximize their profits. (shrink)

Recently David Widerker argued that from the widely accepted ought implies can principle one can deduce the controversial and much discussed principle of alternative possibilities (PAP). Actually, he argues that this result is true only of the part of PAP which deals with moral blame. Because there are acts of supererogation, he maintains that it does not apply to the part which deals with moral praise. What Widerker says about supererogation seems true, and I develop and expand upon this idea (...) in the first half of the paper. Then I argue that Widerker's argument regarding moral blame fails. (shrink)

Language fails not because thought fails, but because no verbal symbols can do justice to the fullness and richness of thought. In his later works, more specifically in his seminal 1930 essay “Qualitative Thought”, John Dewey questioned some of the traditional assumptions about the nature and function of the qualitative in inquiry. Dewey foresaw what recent scientific accounts of human thinking are confirming: it is more complex, less linear, more emotional, affective, bodily-based, non-reflective, non-linguistic, non-conscious than philosophers have assumed. Secondary (...) sources on Dewey have emphasized how, contrary to orthodoxy, inquiry is social, instrumental, and experimental, but for... (shrink)

We discuss mathematical and physical arguments against continuity and in favor of discreteness, with particular emphasis on the ideas of Émile Borel.