Debates about the semantics and pragmatics of predicates of personal taste have largely centered on contextualist and relativist proposals. In this paper, I argue in favor of an alternative, absolutist analysis of PPT. Theorists such as Max Kölbel and Peter Lasersohn have argued that we should dismiss absolutism due to its inability to accommodate the possibility of faultless disagreement involving PPT. My aim in the paper is to show how the absolutist can in fact accommodate this possibility by drawing on (...) an account of faultless disagreement that improves upon a recent proposal due to Karl Schafer. In amending Schafer’s proposal, I put forward an empirically informed view of our beliefs regarding matters of personal taste, as well as an account of our assertions concerning such matters. I also argue that absolutists should take disagreement about these matters to be conative, rather than doxastic, in nature. The anticipated result is an independently compelling account of faultless disagreement about matters of personal taste that fits naturally with absolutism. (shrink)

author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also to (...) James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

In this paper, we offer a brief, critical survey of contemporary work on truth. We begin by reflecting on the distinction between substantivist and deflationary truth theories. We then turn to three new kinds of truth theory—Kevin Scharp's replacement theory, John MacFarlane's relativism, and the alethic pluralism pioneered by Michael Lynch and Crispin Wright. We argue that despite their considerable differences, these theories exhibit a common "pluralizing tendency" with respect to truth. In the final section, we look at the underinvestigated (...) interface between metaphysical and formal truth theories, pointing to several promising questions that arise here. (shrink)

Deterministic physical theories are not beyond the reach of scientific discovery. From this fact I show that David Lewis was mistaken to think that small counterfactual perturbations from deterministic worlds involve violations of those world’s laws.

Many contemporary proponents of hylomorphism, the view that at least some material objects are comprised of both matter and form, endorse a version of hylomorphism according to which the form of a material object is a certain complex relation or structure. In this paper, I introduce three sorts of concerns for this “structural” approach. First, I argue that, in countenancing an abundance of overlapping yet numerically distinct material objects, “structural hylomorphists” are committed to a certain sort of systematic causal overdetermination. (...) Second, I argue that, because of its relatively thin conception of form, the view risks collapsing into some already well-entrenched metaphysical account of material objects. Finally, I argue that because the view emphasizes the more static structural features of composite material objects, structural hylomorphists seem unable to explain how it is that those objects might be said to persist over time through changes in such features. (shrink)

Despite a significant amount of literature debating the efficiency of high-risk pools in health insurance, dramatically less has been written about their normative implications. The present article takes the route less traveled by setting aside the question of efficiency to argue that the use of high-risk pools creates some serious normative concerns. The article explores these concerns by dividing them on two fronts. First, as regards the social-recognitional status of those who are forced into the high-risk pool. Second, as regards (...) a general concern of distributive justice, namely fairness in access to resources. The author argues that regardless of the veracity of arguments which laud the efficiency of high-risk pools, their use in health insurance is unjust because of the herein explained implications for social recognition and distributive justice. (shrink)

Predicates of personal taste have attracted a great deal of attention from philosophers of language and linguists. In the intricate debates over PPT, arguably the most central consideration has been which analysis of PPT can best account for the possibility of faultless disagreement about matters of personal taste. I argue that two models of such disagreement—the relativist and absolutist models—are empirically inadequate. In their stead, I develop a model of faultless taste disagreement which represents it as involving a novel incompatibility (...) relation between preferences that I call type-noncotenability. This model is available to all parties in the ongoing debates about PPT, but it points up an advantage enjoyed by expressivist accounts of PPT. In closing, I consider four objections against the model that, while failing to fully undermine it, open up promising avenues of inquiry about the nature of disagreement. (shrink)

"Arguing that debates over legitimacy, political violence, freedom, and justice would benefit greatly from cross-tradition theorizing, this book shows how putting analytic and continental political theory in conversation would help us to overcome these intractable problems"--.

ABSTRACT:In this response, I reiterate my argument that price gouging undercuts the goal of equity in access to essential goods whereas Zwolinski emphasizes the importance of the efficient provision of essential goods above all other goals. I agree that the efficient provision of essential goods is important as I argue for the goal of equitable access to sufficient of the goods essential to living a minimally flourishing human life. However, efficiency is a means to this goal rather than the end (...) itself. Finally, I offer additional arguments against the non-worseness claim. (shrink)

Biomedical and behavioral research may affect strongly held social values and thereby create significant controversy over whether such research should be permitted in the first place. Institutional review boards responsible for protecting the rights and welfare of participants in research are sometimes faced with review of protocols that have significant implications for social policy and the potential for negative social consequences. Although IRB members often raise concerns about potential long-term social implications in protocol review, federal regulations strongly discourage IRBs from (...) considering them in their decisions. Yet IRBs often do consider the social implications of research protocols and sometimes create significant delays in initiating or even prevent such research. The social implications of research are important topics for public scrutiny and professional discussion. This article examines the reasons that the federal regulations preclude IRBs from assessing the social risks of research, and examines alternative approaches that have been used with varying success by national advisory groups to provide such guidance. The article concludes with recommendations for characteristics of a national advisory group that could successfully fulfill this need, including sustainability, independence, diverse and relevant expertise, and public transparency. (shrink)

Shearmur draws on his years as Popper's assistant, on unpublished material in the Hoover archive, and on wider themes within Popper's philosophy to offer striking critical re-interpretations of his ethical and social theory. This title available in eBook format. Click here for more information . Visit our eBookstore at: www.ebookstore.tandf.co.uk.

Many psychological studies of categorization and reasoning use undergraduates to make claims about human conceptualization. Generalizability of findings to other populations is often assumed but rarely tested. Even when comparative studies are conducted, it may be challenging to interpret differences. As a partial remedy, in the present studies we adopt a 'triangulation strategy' to evaluate the ways expertise and culturally different belief systems can lead to different ways of conceptualizing the biological world. We use three groups (US bird experts, US (...) undergraduates, and ordinary Itza' Maya) and two sets of birds (North American and Central American). Categorization tasks show considerable similarity among the three groups' taxonomic sorts, but also systematic differences. Notably, US expert categorization is more similar to Itza' than to US novice categorization. The differences are magnified on inductive reasoning tasks where only undergraduates show patterns of judgment that are largely consistent with current models of category-based taxonomic inference. The Maya commonly employ causal and ecological reasoning rather than taxonomic reasoning. Experts use a mixture of strategies (including causal and ecological reasoning), only some of which current models explain. US and Itza' informants differed markedly when reasoning about passerines (songbirds), reflecting the somewhat different role that songbirds play in the two cultures. The results call into question the importance of similarity-based notions of typicality and central tendency in natural categorization and reasoning. These findings also show that relative expertise leads to a convergence of thought that transcends cultural boundaries and shared experiences. (shrink)

A number of classical theories are interpreted in analogous theories that are based on intuitionistic logic. The classical theories considered include subsystems of first- and second-order arithmetic, bounded arithmetic, and admissible set theory.

By what right do sovereign states prohibit migrants from entering their territories? It cannot be assumed that they do, certainly not as a matter of the way we define “sovereignty.” Can the sovereign right to exclude immigrants be derived from the sovereign’s status as owner of the territory it controls? This Article shows that the idea of the sovereign as owner is too problematic to be the basis of any argument for the right to exclude. It also argues against the (...) proposition that communities, considered as informal sovereigns, have a right to exclude based on their communal property in the land they inhabit. In both cases, an “ownership conception” is distinguished from a more attractive “responsibility conception” of sovereignty. The former remains unclear, while the latter leaves open the question of who the sovereign is responsible for. (shrink)

In earlier articles, the author developed what is known as the "Supersession Thesis," asserting that historic injustice may be overtaken by changes in circumstances so that a situation that was unjust when it was brought about may coincide with what justice requires at a later time. The Supersession Thesis was developed initially as a tool for considering historic injustice suffered by indigenous peoples in the European settlement of countries like Australia, Canada, New Zealand, and the United States. In this paper, (...) the author explores the application of the Supersession Thesis to issues about the Palestinian right of return and also to Israeli settlements in the Occupied Territories. The paper argues that, while it is not unthinkable that the Supersession Thesis might eventually legitimize the settlements and undermine the Palestinian right of return, there is no guarantee that this will happen. The application of the Supersession Thesis does not depend on the passage of time, but on changes in circumstances that a theory of justice makes relevant. Many of the circumstances that make the Supersession Thesis relevant to the post-colonial situations described do not apply in the Israeli situation. Nevertheless, it is worth considering the possibility of applying the Supersession Thesis in this case, because it enables us to assess the merits of the Thesis more sharply in relation to injustice that is taking place now, as opposed to injustice that took place in the nineteenth century. (shrink)

This book offers a distinctive treatment of Hayek's ideas as a "research program". It presents a detailed account of aspects of Hayek's intellectual development and of problems that arise within his work, and then offers some broad suggestions as to ways in which the program initiated in his work might be developed further. The book discusses how Popper and Lakatos' ideas about "research programs" might be applied within political theory. There then follows a distinctive presentation of Hayek's intellectual development up (...) to The Road to Serfdom, together with critical engagement with his later ideas. The discussion draws on a full range of his writings, makes use of some neglected earlier work on social theory and law, and also draws on archival material. This book should appeal to anyone with an interest in Hayek's work, as well as to those with a concern for twentieth century intellectual history. (shrink)

Empirical research in bioethics can be defined as the application of research methods in the social sciences to the direct examination of issues in [bioethics]. As such, empirical work is a form of descriptive ethics, focused on describing a particular state of affairs that has some moral or ethical relevance. For example, empirical research can help to describe cultural beliefs about the appropriateness of providing health-related information, such as the diagnosis of a life-threatening illness, which informs deliberations about the extent (...) to which it is morally important for clinicians to provide comprehensive information to patients in different cultural contexts. Similarly, empirical research can delineate popular attitudes and experiences related to contentious issues such as abortion, cloning, stem-cell research, and physician-assisted suicide to enlighten discussions and policy formulations regarding them. (shrink)

Physicians place significant weight on the distinction between acts and omissions. Most believe that autonomous refusals for procedures, such as blood transfusions and resuscitation, ought to be respected, but they feel no similar obligation to accede to requests for treatment that will, in the physician’s opinion, harm the patient (e.g., assisted death). Thus, there is an asymmetry. In this paper, we challenge the strength of this distinction by arguing that the ordering of values should be the same in both cases. (...) The reason for respecting refusals is that, in such cases, autonomy outweighs well-being. We argue that the same should be true in request cases, which means that requests should not be denied only due to the treatment being too harmful in the physician’s opinion. Our strategy is to consider and reject a number of arguments for the asymmetrical view, including an appeal to the doing–allowing distinction and positive and negative rights. The duty to respect refusals is still greater than the duty to grant requests on our view, but, by arguing that the ordering of values is the same in both cases, we show that there is less of a distinction in healthcare between requests and refusals than many currently believe. (shrink)

Introduction, by C.K. Ogden.--The theory of fictions, by Jeremy Bentham.

This is a three-part study and defense of the idea of basic human equality. (This is the idea that humans are basically one another's equals, as opposed to more derivative theories of the dimensions in which we ought to be equal or the particular implications that equality might have for public policy.) Part (1) of the paper examines the very idea of basic equality and it tries to elucidate it by considering what an opponent of basic human equality (e.g. a (...) philosophical racist) might hold. It explores the idea of there being no morally significant fundamental divisions among humans (of the kind that some people insist on as between humans and others animals). Part (2) considers whether basic human equality must be based on some descriptive similarity among us (naturalistic or metaphysical); it considers the positions of a number of thinkers who have denied this. Part (3) considers John Rawls's conception of basic equality in terms of range properties. (Being in Ohio is a range property; Columbus and Cincinnati are both equally in Ohio even though even though Columbus is in the center of the state, while Cincinnati is just over the river from Kentucky.) It explores the application of this Rawlsian idea to the descriptive properties that might be thought relevant to human equality. This three part paper is a rather technical philosophical exploration. And it is just a beginning; we need much more work on the idea of basic equality. Some of the energy that has gone into discussions of equality as a policy aim (e.g. in the Dworkin/Sen literature or in the literature surrounding Rawls's Difference Principle) needs to be devoted to this more fundamental conception. (shrink)

In this response, I reiterate my argument that price gouging undercuts the goal of equity in access to essential goods whereas Zwolinski emphasizes the importance of the efficient provision of essential goods above all other goals. I agree that the efficient provision of essential goods is important as I argue for the goal of equitable access to sufficient of the goods essential to living a minimally flourishing human life. However, efficiency is a means to this goal rather than the end (...) itself. Finally, I offer additional arguments against the non-worseness claim. (shrink)

Human subject trials of pharmaceuticals in low and middle income countries have been associated with the moral wrong of exploitation on two grounds. First, these trials may include a placebo control arm even when proven treatments for a condition are in use in other parts of the world. Second, the trial researchers or sponsors may fail to make a successful treatment developed through the trial available to either the trial participants or the host community following the trial.Many commentators have argued (...) that a single form of exploitation takes place during human subject research in LMICs. These commentators do not, however, agree as to what kind of moral wrong exploitation is or when exploitation is morally impermissible. In this paper, I have two primary goals. First, I will argue for a taxonomy of exploitation that identifies three distinct forms of exploitation. While each of these forms of exploitation has its critics, I will argue that they can each be developed into plausible accounts of exploitation tied to different vulnerabilities and different forms of wrongdoing. Second, I will argue that each of these forms of exploitation can coexist in single situations, including human subject trials of pharmaceuticals. This lesson is important, since different forms of exploitation in a single relationship can influence, among other things, whether the relationship is morally permissible. (shrink)

Understanding Torture surveys the massive literature surrounding torture, arguing that, once properly understood, there can be no defence of torture in any circumstances.

The present edition of 'Of the Limits of the Penal Branch of Jurisprudence' supersedes 'Of Laws in General,' edited by H.L.A. Hart and published by the Athlone Press in 1970, as a volume in The Collected Works of Jeremy Bentham." --P. xi.

In The Crane's Walk, Jeremy Barris seeks to show that we can conceive and live with a pluralism of standpoints with conflicting standards for truth--with the truth of each being entirely unaffected by the truth of the others. He argues that Plato's work expresses this kind of pluralism, and that this pluralism is important in its own right, whether or not we agree about what Plato's standpoint is.The longest tradition of Plato scholarship identifies crucial faults in Plato's theory of (...) Ideas. Barris argues that Plato deliberately displayed those faults, because he wanted to demonstrate that basic kinds of error or illogic have dimensions that are crucial to the establishing of truth. These dimensions legitimate a paradoxical coordination of logically incompatible conceptions of truth. Connecting this idea with emerging currents of Plato scholarship, he emphasizes, in addition to the dialogues' arguments, the importance of their nonargumentative features, including drama, myths, fictions, anecdotes, and humor. These unanalyzed nonargumentative features function rigorously, as a lever with which to examine the enterprise of rational argument itself, without presupposing its standards or illegitimately assimilating any position to the standards of another.Today, communities are torn apart by conflicts within and between a host of different pluralist and absolutist commitments. The possibility developed in this book-a coordination of absolute and relative truth that allows an understanding of some relativist and some absolutist positions as being fully legitimate and as capable of existing in a relation to their opposites-may contribute to perspectives for resolving these conflicts. (shrink)

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

Many nations in the developing world invest scarce funding into training health workers. When these workers migrate to richer countries, particularly when this migration occurs before the source community can recoup the costs of training, the destination community realizes a net gain in resources by obtaining the workers' skills without having to pay for their training. This effect of health worker migration has frequently been condemned as 'poaching' or a case of theft. I assess the charge that the rich nations (...) of the world poach the resources of the developing world through the active recruitment of migrants. I argue that the charge of poaching is misguided in these cases. The misuse of the term poaching is particularly troubling as it distracts attention away from the many actual moral wrongs taking place through the process of health worker migration and objectifies health workers. (shrink)

Critical notice of Paul Faulkner, "Knowledge on Trust" (OUP 2011) and Benjamin McMyler, "Testimony, Trust, and Authority" (OUP 2011).

Many people in desperate need of an organ will die on waiting lists for transplantation or face increased morbidity because of their wait. This circumstance is particularly troubling since many viable organs for transplantation go unused when individuals fail to participate in their local organ donation system. In this paper, I consider whether participating in organ transplantation should be considered a form of a rescue of others from the great harms caused by a shortage in transplantable organs. Specifically, I consider (...) whether cadaver organ transplantation is a case of an easy rescue. If so, participation in cadaver organ transplantation will be a duty rather than a supererogatory act.1 This question is important in illuminating individual duties to participate in organ transplantation. Moreover, as I will argue, it has repercussions for community-wide policies for enrolling individuals in transplantation schemes. -/- In the first section of this paper, I tie cadaver organ transplantation to the duty to rescue others from great harm when it is easy to do so. Given the number of persons who will die or be greatly harmed without transplanted organs, the transfer of organs upon death is seemingly similar to other, classical cases of easy rescue. In the second section, I consider objections to this proposal on the ground that cadaver organ transplantation is structurally dissimilar to classical rescue cases, especially given uncertainty over when and to whom organs will be transplanted, if they are transplanted at all. In the third section, I consider the objection that cadaver organ transplantation is a demanding, rather than easy, rescue. While I grant that cadaver organ transplantation will be demanding for some persons, I argue that there remain many cases where it will be an easy rescue. In the final section, I consider the policy implications of my argument. In particular, I argue that understanding cadaver organ transplantation as a duty should shift the debate over opt-out, opt-in, and mandatory choice procedures for participating in organ transplantation upon death. While different systems will be appropriate for different communities, understanding transplantation as a duty in some cases helps to justify an opt-out system. (shrink)

Crowdfunding websites allow users to post a public appeal for funding for a range of activities, including adoption, travel, research, participation in sports, and many others. One common form of crowdfunding is for expenses related to medical care. Medical crowdfunding appeals serve as a means of addressing gaps in medical and employment insurance, both in countries without universal health insurance, like the United States, and countries with universal coverage limited to essential medical needs, like Canada. For example, as of 2012, (...) the website Gofundme had been used to raise a total of 8.8 million dollars for seventy-six hundred campaigns, the majority of which were health related. This money can make an important difference in the lives of crowdfunding users, as the costs of unexpected or uninsured medical needs can be staggering. In this article, I offer an overview of the benefits of medical crowdfunding websites and the ethical concerns they raise. I argue that medical crowdfunding is a symptom and cause of, rather than a solution to, health system injustices and that policy-makers should work to address the injustices motivating the use of crowdfunding sites for essential medical services. Despite the sites’ ethical problems, individual users and donors need not refrain from using them, but they bear a political responsibility to address the inequities encouraged by these sites. I conclude by suggesting some responses to these concerns and future directions for research. (shrink)

Sometimes Always True aims to resolve, through a re-understanding of the nature of sense, three connected problems central to philosophical thought: that genuine pluralism must make room for outlooks that exclude pluralism, that philosophy ultimately explores sense as a whole and so must in some way step outside of sense, and that our experience of the deep questions of life therefore similarly involves suspensions of sense itself.

Fabriquer des visions du futur est une activité qui, alimentée par la crise écologique, occupe de plus en plus d’acteurs et d’experts. Chaque expertise produit un type de récit caractéristique qui modèle les futurs et sculpte les imaginaires. La collapsologie a ainsi imposé massivement le motif de l’effondrement. Mais que se passerait-il si au motif de l’effondrement était substitué celui du tremblement? Le motif du tremblement trace un plan de continuité entre des corps très hétérogènes (corps terrestre, humain, vivant, social, (...) politique…). À la logique verticale de l’effondrement, il propose une oscillation horizontale à l’intérieur des limites, scénarios, programmes préétablis. Tous et toutes des corps tremblants! (shrink)

We describe how we used the interactive theorem prover Isabelle to formalise and check the laws of the Timed Interval Calculus (TIC). We also describe some important corrections to, clarifications of, and flaws in these laws, found as a result of our work.

This article is an investigation into G. E. M. Anscombe's suggestion that there can be cases where belief takes a personal object, through an examination of the role that the activity of teaching plays in Anscombe's discussion. By contrasting various kinds of ‘teachers’ that feature in her discussion, it is argued that the best way of understanding the idea of believing someone personally is to situate the relevant encounter within the social, conversational framework of ‘engaged reasoning’. Key features of this (...) framework are highlighted, and are used to characterise the distinctive kind of teaching and learning germane to Anscombe's suggestion. (shrink)