The traditional theory of the just war comprises two sets of principles, one governing the resort to war ( jus ad bellum) and the other governing the conduct of war ( jus in bello). The two sets of principles are regarded, in Michael Walzer’s words, as “logically independent. It is perfectly possible for a just war to be fought unjustly and for an unjust war to be fought in strict accordance with the rules.”1 Let us say that those who fight (...) in a just war are “just combatants,” while those who fight in a war that is unjust because it lacks a just cause are “unjust combatants.” (A just cause is an aim that can contribute to the justification for war and that may permissibly be pursued by means of war.)2 The most important implication of the idea that jus in bello is independent of jus ad bellum is that.. (shrink)

In the past twenty years, issues about the relationship between perception and thought have largely been framed in terms of the question of whether the contents of perception are nonconceptual. I argue that this debate has rested on an ambiguity in `nonconceptual content' and some false presuppositions about what is required for concept possession. Once these are cleared away, I argue that none of the arguments which have been advanced about nonconceptual content do much to threaten the natural view that (...) perception and thought are relations to the same kind of content. (shrink)

There may be circumstances in which it is morally justifiable intentionally to kill a person who is morally innocent, threatens no one, rationally wishes not to die, and does not consent to be killed. Although the killing would wrong the victim, it might be justified by the necessity of averting some disaster that would otherwise occur. In other instances of permissible killing, however, the justification appeals to more than consequences. It may appeal to the claim that the person to be (...) killed has acted in such a way that to kill him would neither wrong him nor violate his rights, even if he has not consented to be killed or to be subjected to the risk of being killed. In these cases, I will say that the person is liable to be killed. Although I borrow the notion of liability from legal theory, and although much of what I say will be informed by the literature on liability in both tort law and criminal law, my concern in this article is with moral rather than legal liability. (shrink)

This paper argues that certain central tenets of the traditional theory of the just war cannot be correct. It then advances an alternative account grounded in the same considerations of justice that govern self-defense at the individual level. The implications of this account are unorthodox. It implies that, with few exceptions, combatants who fight for an unjust cause act impermissibly when they attack enemy combatants, and that combatants who fight in a just war may, in certain circumstances, legitimately target noncombatants (...) who bear a significant degree of moral responsibility for a wrong, when the prevention or rectification of that wrong constitutes a just cause for war. (shrink)

This paper defends “moral individualism” against various arguments that have been intended to show that membership in the human species or participation in our distinctively human form of life is a sufficient basis for a moral status higher than that of any animal. Among the arguments criticized are the “nature-of-the-kind argument,” which claims that it is the nature of all human beings to have certain higher psychological capacities, even if, contingently, some human beings lack them, and various versions of the (...) idea that there is a special form of life that all human beings share but of which no animal can be a full participant. The paper concludes that none of these arguments succeeds in demonstrating that there are moral reasons to permit animals to be treated less well than members of our own species whose psychological capacities and potential are no higher than those of the animals. (shrink)

For more than a quarter of a century, Hubert L. Dreyfus has been the leading voice in American philosophy for the continuing relevance of phenomenology, particularly as developed by Edmund Husserl, Martin Heidegger, and Maurice Merleau-Ponty. Dreyfus has influenced a generation of students and a wide range of colleagues, and these volumes are an excellent representation of the extent and depth of that influence.In keeping with Dreyfus's openness to others' ideas, many of the essays in this volume take the form (...) of arguments with various of his positions. The essays focus on the dialogue with the continental philosophical tradition, in particular the work of Heidegger, that has played a foundational role in Dreyfus's thinking. The sections are Philosophy and Authenticity; Modernity, Self, and the World; and Heideggerian Encounters. The book concludes with Dreyfus's responses to the essays.Contributors : William D. Blattner, Taylor Carman, David R. Cerbone, Dagfinn Føllesdal, Charles Guignon, Michel Haar, Beatrice Han, Alastair Hannay, John Haugeland, Randall Havas, Jeff Malpas, Mark Okrent, Richard Rorty, Julian Young, Michael E. Zimmerman. (shrink)

Attempts to determine or to select what kind of person or people to bring into existence are controversial. This is particularly true of “negative selection” or “selecting against” a certain type of person—that is, the attempt to prevent a person of a certain type, or people of that type, from existing. Virtually everyone agrees that some instances of negative selection are objectionable—for example, that selection against healthy people would be wrong, particularly if this were combined with positive selection of people (...) with serious diseases. But some people believe that all negative selection is objectionable and therefore that all “selection for existence,” whether positive or negative, is objectionable. For if negative selection is objectionable, it seems to follow that positive selection is as well, since the attempt to bring a person of a certain type into existence is simultaneously an attempt not to bring into existence a person who is not of that type. In short, positive selection is implicitly negative as well. (shrink)

I argue that utilitarianism requires us to tolerate intrapersonal disagreement for the same reasons that it requires us to tolerate interpersonal disagreement. I begin by arguing that multiplicity has the same costs and benefits as multiculturalism: It causes conflict, but it also allows us to perform experiments in living, adopt a division of labour, compartmentalize harm and learn from ourselves. I then argue that, in light of these costs and benefits, utilitarianism requires us to adopt a liberal system of individual (...) self-government, according to which we should not try to impose a unified set of beliefs and values on ourselves. Finally, I argue that we should apply this policy of liberal toleration to intrapersonal disagreement about utilitarianism too. If we want to maximize utility, then we should tolerate inner conflict not only about how to maximize utility but also about whether we should be maximizing utility in the first place. (shrink)

The dominant conception of brain death as the death of the whole brain constitutes an unstable compromise between the view that a person ceases to exist when she irreversibly loses the capacity for consciousness and the view that a human organism dies only when it ceases to function in an integrated way. I argue that no single criterion of death captures the importance we attribute both to the loss of the capacity for consciousness and to the loss of functioning of (...) the organism as a whole. This is because the person or self is one thing and the human organism is another. We require a separate account of death for each. Only if we systematically distinguish between persons and human organisms will we be able to provide plausible accounts both of the conditions of our ceasing to exist and of when it is that we begin to exist. This paper, in short, argues for a form of mind-body dualism and draws out some of its implications for various practical moral problems. (shrink)

It is sometimes suggested that if a moral theory implies that infanticide can sometimes be permissible, that is sufficient to discredit the theory. I argue in this article that the common-sense belief that infanticide is wrong, and perhaps even worse than the killing of an adult, is challenged not so much by theoretical considerations as by common-sense beliefs about abortion, the killing of non-human animals, and so on. Because there are no intrinsic differences between premature infants and viable fetuses, it (...) is difficult to accept that an abortion performed after the point of viability can be permissible while denying that infanticide can be permissible for a comparably important reason. This and other challenges to the consistency of our intuitions exert pressure on us either to accept the occasional permissibility of infanticide or to reject liberal beliefs about abortion. (shrink)

J. E. Malpas discusses and develops the ideas of Donald Davidson, influential in contemporary thinking on the nature of understanding and meaning, and of truth and knowledge. He provides an account of Davidson's holistic and hermeneutical conception of linguistic interpretation, and, more generally, of the mind. Outlining its Quinean origins and the elements basic to Davidson's Radical Interpretation, J. E. Malpas' book goes on to elaborate this holism and to examine the indeterminacy of interpretation and the principle of charity. The (...) metaphysical and epistemological consequences of Davidson's approach are considered, particularly in relation to scepticism and relativism, the realist/anti-realist debate, and the problem of truth. Parallels are drawn between the Davidsonian emphasis on the centrality of the notion of truth and Heidegger's notion of truth as aletheia, as the book looks to structuralist, hermeneutical and phenomenological sources to illuminate Davidson's position. (shrink)

The Doctrine of Double Effect has been challenged by the claim that what an agent intends as a means may be limited to those effects that are precisely characterized by the descriptions under which the agent believes that they are minimally causally necessary for the production of other effects that the agent seeks to bring about. If based on so narrow a conception of an intended means, the traditional Doctrine of Double Effect becomes limitlessly permissive. In this paper I examine (...) and criticize Warren Quinn's attempt to reformulate the Doctrine in such a way that it retains its force and plausibility even if we accept the narrow conception of an intended means. Building on Quinn's insights, I conclude by offering a further version of the Doctrine that retains the virtues of Quinn's account but avoids the objections to it. I The key element in the Doctrine of Double Effect (DDE) is the claim that there is a stronger presumption against action that has harm to the innocent as an intended effect than there is against otherwise comparable action that causes the same amount of harm to the innocent as a foreseen but unintended effect. Since it is relatively uncontroversial that, except perhaps in cases involving desert, it is wrong to cause harm as an end in itself, the DDE is normally invoked to distinguish morally between harm that is intended as a means and harm that is considered a merely foreseen side-effect. (shrink)

However much one may wish for nonviolent solutions to the problems of unjust and unrestrained human violence that Glover explores in Humanity, some of those problems at present require violent responses. One cannot read his account of the Clinton administration’s campaign to sabotage efforts to stop the massacre in Rwanda in 1994 – a campaign motivated by fear that American involvement would cost American lives and therefore votes – without concluding that Glover himself believes that military intervention was morally required (...) in that case. Military intervention in another state that is intended to stop one group within that state from brutally persecuting or violating the human rights of members of another group is now known as “humanitarian intervention.” Those against whom the intervention is directed are almost always the government and its supporters, though this is not a necessary feature of humanitarian intervention. It is, however, a conceptual condition of humanitarian intervention that it does not occur at the request or with the consent of the government. The use of force within another state with the consent of the government counts as assistance rather than intervention. The principal reason that humanitarian intervention is contentious is that it seems to violate the target state’s sovereign right to control its own domestic affairs. Because humanitarian intervention is a response to human rights violations within the target state, it is regarded as altogether different from wars of defense against aggression. Indeed, since aggression is normally understood to be war against a state that.. (shrink)

Some linguistic phenomena can occur in uses of language in thought, whereas others only occur in uses of language in communication. I argue that this distinction can be used as a test for whether a linguistic phenomenon can be explained via Grice’s theory of conversational implicature. I argue further, on the basis of this test, that conversational implicature cannot be used to explain quantifier domain restriction or apparent substitution failures involving coreferential names, but that it must be used to explain (...) the phenomenon of referential uses of definite descriptions. I conclude with a brief discussion of the relevance of this point to the semantics/pragmatics distinction. (shrink)

Death and Philosophy presents a wide ranging and fascinating variety of different philosophical, aesthetic and literary perspectives on death. Death raises key questions such as whether life has meaning of life in the face of death, what the meaning of "life after death" might be and whether death is part of a narrative that can be retold in different ways, and considers the various types of death, such as brain death, that challenge mind-body dualism. The essays also include explorations of (...) Chinese, Japanese and Tibetan perspectives on death and why death in some cultures, such as in Mexico's day of the dead, is celebrated. (shrink)

Public attention on embryo research has never been greater. Modern reproductive medicine technology and the use of embryos to generate stem cells ensure that this will continue to be a topic of debate and research across many disciplines. This multidisciplinary book explores the concept of a 'healthy' embryo, its implications on the health of children and adults, and how perceptions of what constitutes child and adult health influence the concept of embryo 'health'. The concept of human embryo health is considered (...) from preconception to pre-implantation genetic diagnosis to recent foetal surgical approaches. Burgeoning capacities in both genetic and reproductive science and their clinical implications have catalysed the necessity to explore the concept of a 'healthy' embryo. The authors are from five countries and 13 disciplines in the social sciences, humanities, biological sciences and medicine, ensuring that the book has a broad coverage and approach. (shrink)

We argue that an expressivist interpretation of "The Will to Believe" provides a fruitful way of understanding this widely-read but perplexing document. James approaches questions about our intellectual obligations from two quite different standpoints. He first defends an expressivist interpretation of judgments of intellectual obligation; they are "only expressions of our passional life". Only then does James argue against evidentialism, and both his criticisms of Clifford and his defense of a more flexible ethics of belief presuppose this independently-defended expressivism. James (...) puts forward his ethics of belief as healthy or appropriate, rather than as correct. (shrink)

In "Truth and Meaning", Davidson suggested that a truth theory can do the work of a theory of meaning: it can give the meanings of expressions of a language, and can explain the semantic competence of speakers of the language by stating information knowledge of which would suffice for competence. From the start, this program faced certain fundamental objections. One response to these objections has been to supplement the truth theory with additional rules of inference (e.g. from T-sentences to meaning (...) theorems). I argue that these modifications of Davidson's original idea fail to solve the problems with Davidsonian semantics, and that the prospects for a solution to these problems within the Davidsonian framework are dim. A general lesson to be drawn is that Davidsonian theories do not provide a viable alternative to Russellian and Fregean approaches to semantics which recognize the reality of language-independent contents. (shrink)

The author interprets the relation to Heidegger's ontology to theology in terms of a correlation. He develops his inquiry from several different perspectives: a brief overview of Heidegger's thought; an overview of the traditional connections of God and being, between ontology and theology, and of the necessity of the connection; an overview of the theological reception of Heidegger's work; and finally a discussion of the current situation in theology.

Our recent paper reported that 43% of reviewer comment sets shared with authors contained at least one unprofessional comment or an incomplete, inaccurate of unsubstantiated critique. Publication of this work sparked an online conversation surrounding professionalism in peer review. We collected and analyzed these social media comments as they offered real-time responses to our work and provided insight into the views held by commenters and potential peer-reviewers that would be difficult to quantify using existing empirical tools. Overall, 75% of comments (...) were positive, of which 59% were supportive and 16% shared similar personal experiences. However, a subset of negative comments emerged, that provided potential insight into the reasons underlying unprofessional comments were made during the peer-review process. These comments were classified into three main themes: forced niceness will adversely impact the peer-review process and allow for publication of poor-quality science ; dismissing comments as not offensive to another person because they were not deemed personally offensive to the reader ; and authors brought unprofessional comments upon themselves as they submitted substandard work. Here, we argue against these themes as justifications for directing unprofessional comments towards authors during the peer review process. We argue that it is possible to be both critical and professional, and that no author deserves to be the recipient of demeaning ad hominem attacks regardless of supposed provocation. Suggesting otherwise only serves to propagate a toxic culture within peer review. While we previously postulated that establishing a peer-reviewer code of conduct could help improve the peer-review system, we now posit that priority should be given to repairing the negative cultural zeitgeist that exists in peer-review. (shrink)

Gadamer was fond of telling of his last meeting with his old teacher Martin Heidegger: ‘You are right’, said Heidegger, ‘language is conversation [Sprache ist Gespräch].’1 We might argue as to what such a comment, assuming Gadamer remembered it aright, would really have meant for Heidegger – whether it would have constituted a significant revision of any view to which Heidegger was himself committed.2 The fact that Gadamer felt it worth repeating, however, does indicate something of Gadamer’s conception of the (...) relation between his thought and that of Heidegger, as well as of the centrality of the idea at issue in his own thought. Indeed, elsewhere Gadamer has commented that. (shrink)

Drawing upon a range of insights from Plato and Aristotle to Gadamer and Ingarden, this phenomenological study examines the nature of artistic creation. Mitscherling and Fairfield also draw heavily upon many artists’ statements regarding their own creative process.

The following commentaries are responses to the rough drafts of six lectures — the Hourani Lectures—that I delivered at the University of Buffalo in November of 2006. This draft manuscript is being extensively revised and expanded for publication by Oxford University Press as a book called The Morality and Law of War. Even though in January 2007 the book was still both unpolished and incomplete, David Enoch at that time generously organized a workshop at the Law School of the Hebrew (...) University of Jerusalem to discuss its ideas and arguments. George Fletcher chaired the meeting and Re’em Segev, Yuval Shany, and Noam Zohar all presented superb commentaries. The following papers have all grown out of that memorable occasion. (shrink)

This paper is a review essay of two collections of essays focused on the work of Alasdair MacIntyre. The review focuses on three core themes. First, it discusses those papers that explore the central role that the relationship between practices and institutions plays in MacIntyre’s critique of modernity. Second, it turns to those papers that examine the foundational role that human needs play in MacIntyre’s ethics. Third, it places in dialogue those papers that defend MacIntyre’s politics as a form of (...) ‘revolutionary Aristotelianism’ with those that contest the soundness of this categorization. (shrink)

Bruno Latour has been attempting to transform his sociological account of science into an ambitious theory of democracy. In a key early moment in this project, Latour alleges that Plato’s Gorgias introduces an impossibly ratio-nalistic and deeply anti-democratic philosophy which continues to this day to distort our understandings of science and democracy. Latour reckons that if he can successfully refute the Gorgias , then he will have opened up a space in which to authorize his own theory of democracy. I (...) argue that Latour’s refutation of the Gorgias is a failure. Hence, his political theory is, by his own standards, horribly underdetermined. I present another reading of the Gorgias , and consider the dialogue’s possible relevance for current theories of deliberative democracy. Key Words: Latour • Gorgias • Socrates • rhetoric • elenchus • deliberative democracy. (shrink)

In his seminal reflection on the badness of death, Nagel links it to the permanent loss “of whatever good there is in living.” I will argue, following McMurtry, that “whatever good there is in living” is defined by the life-value of resources, institutions, experiences, and activities. Enjoyed expressions of the human capacities to experience the world, to form relationships, and to act as creative agents are intrinsically life-valuable, the reason why anyone would desire to go on living indefinitely. As Nagel (...) argues, “the fact that we will eventually die in a few score years cannot by itself imply that it would not be good to live longer. If there is no limit to the amount of life that it would be good to have, then it may be that a bad end is in store for all of us.” In this paper I want to question whether in fact there is no limit to the amount of life it would be good to have. My general conclusion will be that it is not the case that the eternal or even indefinite prolongation of any particular individual life necessarily increases life-value. Were death thus somehow removed as an inescapable limiting frame on human life, overall reductions of life-value would be the consequence. Individual and collective life would lose those forms of moral and material life-value that form the bases of life’s being meaningful and purposive. (shrink)

Are the words in our natural language which we use to speak about natural and social phenomena actually laden with preexisting (and hence corrigible) theoretical commitments, full-blown "ontologies," or even metaphysics? Or can we appeal to rules for their use in adjudicating the sense (or otherwise) of any scientific or philosophical innovation? These questions arise most commonly in the context of claims about scientific "transformations," especially "scientific revolutions." Cognitive science, for example, announces such a "revolution" in its conceptualizations of the (...) true nature of the "mind," "thought," "intelligence," "understanding," and so on. In this paper I shall argue that Wittgenstein's reflections on "grammar" enable us to dissolve many of the perplexities that confront us when we invoke Kuhnian "incommensurability" in distinguishing between genuine scientific revolutions and pseudo-revolutions. Indeed, the Kuhnian thesis itself is seen to depend on a range of contestable claims about "words" and "meanings.". (shrink)

The article is a critical examination of Marcuse's speculations about the possibility of determining a biological foundation for ethical norms. It considers three key objections to this project: that Marcuse fails to adequately define needs, that he misinterprets Freud, and that, details aside, he fundamentally misunderstands what a `biological' foundation for ethics would entail. The objections are accepted, to varying degrees, as regards the content of Marcuse's argument. The article concludes, however, with a different account of biological foundations designed to (...) rescue the deeper aims of Marcuse's project. Key Words: biology • ethics • foundation • Herbert Marcuse • needs • socialism. (shrink)