Until recently, scholars paid relatively little attention to chapter 23 of Leviathan, in which Hobbes discussed “the public ministers of sovereign power.” In the past few years, however, political theorists have used chapter 23 extensively in discussions of Hobbes’ concept of the state. But what was the significance of the chapter in its own time? This article suggests it served two purposes. First, it allowed Hobbes to bolster and elaborate arguments made elsewhere in Leviathan. Second, it responded to 1640s debates (...) between royalists and parliamentarians over the role of subordinate magistrates in a polity. By the time Leviathan was published in 1651 these debates were no longer pressing, which explains the chapter’s rapid descent into obscurity. Nonetheless, recovering this polemical context helps to understand the genesis of this small but significant part of Hobbes’ political thought. (shrink)

Prevailing ethical thinking about informed consent to clinical research is characterized by theoretical confidence and practical disquiet. On the one hand, bioethicists are confident that informed consent is a fundamental norm. And, for the most part, they are confident that what makes consent to research valid is that it constitutes an autonomous authorization by the research participant. On the other hand, bioethicists are uneasy about the quality of consent in practice. One major source of this disquiet is substantial evidence of (...) the “therapeutic misconception”—the tendency of patient-subjects in clinical trials to confuse participating in research with receiving personalized medical care. This .. (shrink)

Several philosophers have recently claimed to have discovered a new and rather significant problem with virtue ethics. According to them, virtue ethics generates certain expectations about the behavior of human beings which are subject to empirical testing. But when the relevant experimental work is done in social psychology, the results fall remarkably short of meeting those expectations. So, these philosophers think, despite its recent success, virtue ethics has far less to offer to contemporary ethical theory than might have been initially (...) thought. I argue that there are plausible ways in which virtue ethicists can resist arguments based on empirical work in social psychology. In the first three sections of the paper, I reconstruct the line of reasoning being used against virtue ethics by looking at the recent work of Gilbert Harman and John Doris. The remainder of the paper is then devoted both to responding to their challenge as well as to briefly sketching a positive account of character trait possession. (shrink)

We seek to change the conversation about brain death by highlighting the distinction between brain death as a biological concept versus brain death as a legal status. The fact that brain death does not cohere with any biologically plausible definition of death has been known for decades. Nevertheless, this fact has not threatened the acceptance of brain death as a legal status that permits individuals to be treated as if they are dead. The similarities between “legally dead” and “legally blind” (...) demonstrate how we may legitimately choose bright-line legal definitions that do not cohere with biological reality. Not only does this distinction bring conceptual coherence to the conversation about brain death, but it has practical implications as well. Once brain death is recognized as a social construction not grounded in biological reality, we create the possibility of changing the social construction in ways that may better serve both organ donors and recipients alike. (shrink)

It is possible to wholly exist at multiple spatial locations at the same time. At least, if time travel is possible and objects endure, then such must be the case. To accommodate this possibility requires the introduction of a spatial analog of either relativising properties to times—relativising properties to spatial locations—or of relativising the manner of instantiation to times—relativising the manner of instantiation to spatial locations. It has been suggested, however, that introducing irreducibly spatially relativised or spatially adverbialised properties presents (...) some difficulties for the endurantist. I will consider an objection according to which embracing such spatially relativised properties could lead us to reject mereology altogether in favour of a metaphysics according to which objects are wholly present at every space-time point at which they exist. I argue that although such a view is coherent, there are some good reasons to reject it. Moreover, I argue that the endurantist can introduce spatially relativised or adverbialised properties without conceding that objects lack spatial parts. Such a strategy has the additional advantage that it allows the endurantist not only to explain time travel, but also to reconcile our competing intuitions about cases of fission. (shrink)

: Bioethicists have failed to understand the pervasively paternalistic character of research ethics. Not only is the overall structure of research review and regulation paternalistic in some sense; even the way informed consent is sought may imply paternalism. Paternalism has limits, however. Getting clear on the paternalism of research ethics may mean some kinds of prohibited research should be reassessed.

The question "When are research risks reasonable in relation to anticipated benefits?" is at the heart of disputes in the ethics of clinical research. Institutional review boards are often criticized for inconsistent decision-making, a problem that is compounded by a number of contemporary controversies, including the ethics of research involving placebo controls, developing countries, incapable adults and emergency rooms. If this pressing ethical question is to be addressed in a principled way, then a systematic approach to the ethics of risk (...) in research is required. Component analysis provides such a systematic approach. (shrink)

My object in this paper is to defend the view that national boundaries may be ethically significant. The duties we owe to our compatriots may be more extensive than the duties we owe to strangers, simply because they are compatriots. On the face of it, such a view is hardly outlandish. On the contrary almost all of us, including our leaders, behave as though it were self-evidently true. We do not, for instance, hesitate to introduce welfare measures on the grounds (...) that their benefits will be enjoyed only by Americans, or Britons, or whomever. Why, then, is it worth defending this view at length? Precisely because there is a powerful thrust in the ethical theories that are most prominent in our culture toward what I shall call universalism: namely, the view that the subject matter of ethics is persons considered merely as such, independent of all local connections and relations; and that the fundamental questions of ethics can be posed in some such form as: What duties do I owe to my fellow human beings? What rights do they have against me?'. (shrink)

There is a general form of an argument which I call the ‘argument from vagueness’ which attempts to show that objects persist by perduring, via the claim that vagueness is never ontological in nature and thus that composition is unrestricted. I argue that even if we grant that vagueness is always the result of semantic indeterminacy rather than ontological vagueness, and thus also grant that composition is unrestricted, it does not follow that objects persist by perduring. Unrestricted mereological composition lacks (...) the power to ensure that there exist instantaneous objects that wholly overlap persisting objects at times, and thus lacks the power to ensure that there exists anything that could be called a temporal part. Even if we grant that such instantaneous objects exist, however, I argue that it does not follow that objects perdure. To show this I briefly outline a coherent version of three dimensionalism that grants just such an assumption. Thus considerations pertaining to the nature of vagueness need not lead us inevitably to accept perdurantism. (shrink)

: When may a physician legitimately offer enrollment in a randomized clinical trial (RCT) to her patient? Two answers to this question have had a profound impact on the research ethics literature. Equipoise, as originated by Charles Fried, which we term Fried's equipoise (FE), stipulates that a physician may offer trial enrollment to her patient only when the physician is genuinely uncertain as to the preferred treatment. Clinical equipoise (CE), originated by Benjamin Freedman, requires that there exist a state of (...) honest, professional disagreement in the community of expert practitioners as to the preferred treatment. FE and CE are widely understood as competing concepts. We argue that FE and CE offer separable and, in themselves, incomplete justifications for the conduct of clinical trials. FE articulates conditions under which the fiduciary duties of physician to patient may be upheld in the conduct of research. CE sets out a standard for the social approval of research by institutional review boards. Viewed in this way, FE and CE are not necessarily competing notions, but rather address complementary moral concerns. (shrink)

A basic question of medical ethics is whether the norms governing medical practice should be understood as the application of principles and rules of the common morality to medicine or whether some of these norms are internal or proper to medicine. In this article we describe and defend an evolutionary perspective on the internal morality of medicine that is defined in terms of the goals of clinical medicine and a set of duties that constrain medical practice in pursuit of these (...) goals. This perspective is developed by means of a critical examination of the essentialist conception of the internal morality of medicine advocated by Edmund Pellegrino and the critique of internal morality approaches by Robert Veatch and Tom Beauchamp. (shrink)

This paper empirically investigates whether people’s implicit decision theory is more like causal decision theory or more like a non-causal decision theory (such as evidential decision theory). We also aim to determine whether implicit causalists, without prompting and without prior education, make a distinction that is crucial to causal decision theorists: preferring something _as a news item_ and preferring it _as an object of choice_. Finally, we investigate whether differences in people’s implicit decision theory correlate with differences in their level (...) of _future bias_: the preference for positively valenced events to be located in the future and not the past, and negatively valenced events to be located in the past and not the future. We find that people are overwhelmingly non-causalists. We also find that implicit causalists _do not_ make the distinction between news items and objects of choice, and that there is little to no correlation between people’s future bias and their implicit decision theory. We end by discussing the philosophical upshots of this work. (shrink)

This paper examines workplace surveillance and monitoring. It is argued that privacy is a moral right, and while such surveillance and monitoring can be justified in some circumstances, there is a presumption against the infringement of privacy. An account of privacy precedes consideration of various arguments frequently given for the surveillance and monitoring of employees, arguments which look at the benefits, or supposed benefits, to employees as well as to employers. The paper examines the general monitoring of work, and the (...) monitoring of email, listservers and the World Wide Web. It is argued that many of the common justifications given for this surveillance and monitoring do not stand up to close scrutiny. (shrink)

The central virtue at issue in recent philosophical discussions of the empirical adequacy of virtue ethics has been the virtue of compassion. Opponents of virtue ethics such as Gilbert Harman and John Doris argue that experimental results from social psychology concerning helping behavior are best explained not by appealing to so-called ‘global’ character traits like compassion, but rather by appealing to external situational forces or, at best, to highly individualized ‘local’ character traits. In response, a number of philosophers have argued (...) that virtue ethics can accommodate the empirical results in question. My own view is that neither side of this debate is looking in the right direction. For there is an impressive array of evidence from the social psychology literature which suggests that many people do possess one or more robust global character traits pertaining to helping others in need. But at the same time, such traits are noticeably different from a traditional virtue like compassion. (shrink)

Past criticisms to the contrary, methodological individualism in the social sciences is neither trivial nor obviously false. In the style of Weber's sociology, it restricts the ultimate explanatory repertoire of social science to agents' reasons for action. Although this restriction is not obviously false, it ought not to be accepted, at present, as a regulative principle. It excludes, as too far-fetched to merit investigation, certain hypotheses concerning the influence of objective interests on large-scale social phenomena. And these hypotheses, in fact, (...) merit empirical consideration. The attractiveness of methodological individualism as a regulative principle depends on two independent confusions, the conflation of an agent's reasons for action with the beliefs, needs, desires, or goals which are the reasons why he acted as he did, and the identification of explaining a phenomenon and describing its causes. (shrink)

In this paper I develop a version of universalism that is non-mereological. Broadly speaking, non-mereological universalism is the thesis that for any arbitrary set of objects and times, there is a persisting object which, at each of those times, will be constituted by those of the objects that exist at that time. I consider two general versions of non-mereological universalism, one which takes basic simples to be enduring objects, and the other which takes simples to be instantaneous objects. This yields (...) three versions of endurantism, of which I ultimately defend the version I call universalist endurantism. Universalist endurantism is the thesis that (i) for any arbitrary set S of instantaneous simples that exist at the same instant, there exists a fusion of the members of S, and (ii) for any arbitrary set S* of instantaneous fusions each of which exist at a different instant, there exists an enduring object O that is constituted by those fusions at those instants. Universalist endurantism is ‘non-mereological’ in that the relation that holds between instantaneous fusions and persisting objects is not the part/whole relation, but rather, is the relation of constitution, thus allowing that the persisting objects are three rather than four dimensional. I argue that universalist endurantism not only has the various benefits of mereological universalism in allowing vagueness to be explicated as semantic indeterminacy, but in addition allows the endurantist to hold that some properties are genuinely intrinsic and are exemplified simpliciter. (shrink)

It is time for a new paper about open questions in the currently very active area of randomness and computability. Ambos-Spies and Kučera presented such a paper in 1999 [1]. All the question in it have been solved, except for one: is KL-randomness different from Martin-Löf randomness? This question is discussed in Section 6.Not all the questions are necessarily hard—some simply have not been tried seriously. When we think a question is a major one, and therefore likely to be hard, (...) we indicate this by the symbol ▶, the criterion being that it is of considerable interest and has been tried by a number of researchers. Some questions are close contenders here; these are marked by ▷. With few exceptions, the questions are precise. They mostly have a yes/no answer. However, there are often more general questions of an intuitive or even philosophical nature behind. We give an outline, indicating the more general questions.All sets will be sets of natural numbers, unless otherwise stated. These sets are identified with infinite strings over {0, 1}. Other terms used in the literature are sequence and real. (shrink)

The doctrine of clinical equipoise is appealing because it appears to permit physicians to maintain their therapeutic obligation to offer optimal medical care to patients while conducting randomized controlled trials (RCTs). The appearance, however, is deceptive. In this article we argue that clinical equipoise is defective and incoherent in multiple ways. First, it conflates the sound methodological principle that RCTs should begin with an honest null hypothesis with the questionable ethical norm that participants in these trials should never be randomized (...) to an intervention known to be inferior to standard treatment. Second, the claim that RCTs preserve the therapeutic obligation of physicians misrepresents the patient-centered orientation of medical care. Third, the appeal to clinical equipoise as a basic principle of risk-benefit assessment for RCTs is incoherent. Finally, the difficulties with clinical equipoise cannot be resolved by viewing it as a presumptive principle subject to exceptions. In the final sections of the article, we elaborate on the non-exploitation framework for the ethics clinical research and indicate issues that warrant further inquiry. (shrink)

In this paper, I raise three sets of issues inspired by Amy Coplan's paper, “Will the Real Empathy Please Stand Up.” They concern whether we need to distinguish between the three phenomena as Coplan suggests, what method(s) should be used in making those distinctions, and whether they are in fact made correctly.

Business and Society Review, Volume 127, Issue S1, Page 193-222, Spring 2022.

A structure which generalizes formulas by including substitution terms is used to represent proofs in classical logic. These structures, called expansion trees, can be most easily understood as describing a tautologous substitution instance of a theorem. They also provide a computationally useful representation of classical proofs as first-class values. As values they are compact and can easily be manipulated and transformed. For example, we present an explicit transformations between expansion tree proofs and cut-free sequential proofs. A theorem prover which represents (...) proofs using expansion trees can use this transformation to present its proofs in more human-readable form. Also a very simple computation on expansion trees can transform them into Craig-style linear reasoning and into interpolants when they exist. We have chosen a sublogic of the Simple Theory of Types for our classical logic because it elegantly represents substitutions at all finite types through the use of the typed -calculus. Since all the proof-theoretic results we shall study depend heavily on properties of substitutions, using this logic has allowed us to strengthen and extend prior results: we are able to prove a strengthen form of the firstorder interpolation theorem as well as provide a correct description of Skolem functions and the Herbrand Universe. The latter are not straightforward generalization of their first-order definitions. (shrink)

Paul Horwich has argued that Kripke's Wittgenstein's 'sceptical challenge' to the notion of meaning and rule-following only gets going if an 'inflationary' conception of truth is presupposed, and he develops a 'use-theoretic' conception of meaning which he claims is immune to Kripke's Wittgenstein's sceptical attack. I argue that even if we grant Horwich his 'deflationary' conception of truth, that is not enough to undermine Kripke's Wittgenstein's sceptical argument. Moreover, Horwich's own 'use-theoretic' account of meaning actually falls prey to that sceptical (...) challenge. (publisher). (shrink)

The existing EELS literature has usefully identified the scope of ethical issues posed by pharmacogenetic and pharmacogenomic research. The time has come for in-depth examination of particular ethical issues. The involvement of racial and ethnic communities in pharmacogenetic and pharmacogenomic research is contentious precisely because it touches upon the science and politics of studying racial and ethnic difference. To date, the ethics literature has not seriously taken account of the fact that such research impinges upon the interests of communities, and (...) that taking such interests seriously requires that we both protect and empower communities in research. We propose a framework that rests upon the recognition that communities are heterogeneous human associations and differing policies are appropriate for differing communities. Community consent and consultation and community consultation alone are neither appropriate nor required for all pharmacogenetic and pharmacogenomic research. Rather, application of these policy protections must take into account particulars of both planned research and the communities involved. (shrink)

Here is a common view. There exist things, and there exists stuff, where roughly, ‘thing’ is a count noun, and ‘stuff’ is a mass noun. Syntactically, ‘thing’ functions as a singular referring term that takes ‘a’ and ‘every’ and is subject to pluralisation, while ‘stuff’ functions as a plural referring term that takes ‘some’ and is not subject to pluralisation. Hence there exists a thing, and some stuff. Usual versions of the common view endorse two principles about portions of stuff. (...) The first principle is that (temporal) mereological essentialism is true of portions (parcels, masses, quantities) of stuff, where mereological essentialism is the thesis that for any persisting object or portion of stuff, that object or stuff has the same parts at every time at which it exists. The second principle is that portions of stuff obey a principle of stuff composition: for any two portions of stuff P1 and P2, there exists a portion of stuff that is the fusion of P1 and P2. I argue that these two principles are inconsistent. In particular, since I am sympathetic to PSC, I argue that mereological essentialism is false of portions of stuff. (shrink)

A twenty‐person working group convened to discuss the ethical and policy considerations of the controversial intervention called “growth attenuation,” and if possible to develop practical guidance for health professionals. A consensus proved elusive, but most of the members did reach a compromise.