There is no issue more central to the abortion debate than the controversial issue of whether the fetus is a moral person. Abortion-rights opponents almost universally claim that abortion is murder and should be legally prohibited because the fetus is a moral person at the moment of conception. Abortion-rights proponents almost universally deny the crucial assumption that the fetus is a person; on their view, whatever moral disvalue abortion involves does not rise to the level of murder and hence does (...) not rise to the level of something that should be legally prohibited.In this essay, I argue that, under dualist assumptions about the nature of mind, the fetus is not a person until brain activity has begun.i First, I argue it is a necessary condition for a thing to be a moral person that it is a self. Second, I argue it is a necessary condition for a fetus to be a self, under dualist assumptions, that there has been some electrical activity in the brain. I conclude that a dualist can take the position that abortion ought to be legally permitted at least until the beginning of brain activity in the fetus. (shrink)
The Fair-Start Defense justifies affirmative action preferences as a response to harms caused by race- and sex-based discrimination. Rather than base a justification for preferences on the traditional appeal to self-esteem, I argue they are justified in virtue of the effects institutional discrimination has on the goals and aspirations of its victims. In particular, I argue that institutional discrimination puts women and blacks at an unfair competitive disadvantage by causing academic disidentification. Affirmative action is justified as a means of negating (...) this unfair disadvantage. (shrink)
Whether or not intellectual property rights ought, as a matter of political morality, to be protected by the law surely depends on what kinds of interests the various parties have in intellectual content. Although theorists disagree on the limits of morally legitimate lawmaking authority, this much seems obvious: the coercive power of the law should be employed only to protect interests that rise to a certain level of moral importance. We have such a significant interest in not being lied to, (...) for example, that ordinary unilateral lies are morally wrong, but the wrongness of lying does not rise to the level of something the state should protect against by coercive criminal prohibition. Indeed, it would clearly be wrong for the law to coercively restrict behaviors in which no one has any morally significant interests whatsoever. Using the coercive power of the law to restrict freedom is not justified unless the moral benefits of restricting the behavior outweigh the moral costs involved in using force to restrict human autonomy and freedom. (shrink)
The theoretical core of positivism is thought to consist of three theses about the nature of law. The separability thesis denies the existence of necessary moral constraints on the content of law. The pedigree thesis articulates necessary and sufficient conditions for legal validity having to do with how or by whom law is promulgated. The discretion thesis asserts that judges decide hard cases by making new law. While it is often assumed that these theses form a coherent theoretical whole, such (...) an assumption is false. Construed as a claim about all possible legal systems, the discretion thesis is inconsistent with the pedigree thesis. Construed as a claim that is true in some, but not all, possible legal systems, the discretion thesis makes a fundamentally different kind of claim than those made by the pedigree and separability theses and hence should not be thought of as part of positivism's theory of law. (shrink)
K. E. Boxer explores moral responsibility, and whether it is compatible with causal determinism. She suggests that to answer this question we must focus on responsibility in the sense of liability, and that an incompatibilist view may only be preserved on an understanding of the moral desert of punishment that many find morally problematic.
The Danish theologian-philosopher K. E. Løgstrup is second in reputation in his homeland only to Søren Kierkegaard. He is best known outside Europe for his _The Ethical Demand_, first published in Danish in 1956 and published in an expanded English translation in 1997. _Beyond the Ethical Demand_ contains excerpts, translated into English for the first time, from the numerous books and essays Løgstrup continued to write throughout his life. In the first essay, he engages the critical response to _The Ethical (...) Demand,_ clarifying, elaborating, or defending his original positions. In the next three essays, he extends his contention that human ethics “demands” that we are concerned for the other by introducing the crucial concept of “sovereign expressions of life.” Like Levinas, Løgstrup saw in the phenomenon of “the other” the ground for his ethics. In his later works he developed this concept of “the sovereign expressions of life,” spontaneous phenomena such as trust, mercy, and sincerity that are inherently other-regarding. The last two essays connect his ethics with political life. Interest in Løgstrup in the English-speaking academic community continues to grow, and these important original sources will be essential tools for scholars exploring the further implications of his ethics and phenomenology. “K. E. Løgstrup’s work undoubtedly made in his time an original contribution to the field of moral philosophy and philosophy of religion. This translation makes extracts from his later publications on moral philosophy accessible to an English-speaking audience. I am again impressed by the depth of his ideas, which are certainly not outdated and still relevant for contemporary debates in moral philosophy.” —_Bert Musschenga, Vrije Universiteit, Amsterdam _ “Making a large part of Knud Løgstrup’s legacy accessible to the English-speaking public is an event of enormous cultural, philosophical and political importance—and we are all in debt to his disciple, Kies van Kooten Niekerk, and the University Press of Notre Dame, for making it happen. Løgstrup, alongside few other giants of 20th Century ethical thought, like Emmanuel Levinas or Hans Jonas, anticipated and articulated all the major challenges and urgent tasks with which the coming century is likely to confront the moral self. Our ethical discourse was all the poorer so far for being barred access to his findings and proposition. This will no longer be the case.” —_Zygmunt Bauman, emeritus, University of Leeds_ “The publication of an English translation of Knut Eljert Løgstrup's later works in ethics provides a wider readership with the opportunity to better understand his important contribution to ethics in the second half of the last century. With his notion of the _Sovereign Expressions of Life_ Løgstrup articulates his rejection of moral atomism that has become influential in recent times. The introduction and annotation by Kees van Kooten Niekerk are very helpful to see how Løgstrup's thought developed beyond _The Ethical Demand.” —__Hans S. Reinders, Vrije Universiteit, Amsterdam_. (shrink)
Art and Authority explores the sources, nature, and limits of artistic freedom. K. E. Gover draws upon real-world cases and controversies in contemporary visual art to offer a better understanding of artistic authorship and authority. Each chapter focuses on a case of dispute over the rights of an artist with respect to his or her artwork.
K ⊈ E.Elia Zardini - 2017 - Philosophy and Phenomenological Research 94 (3):540-557.details
In a series of very influential works, Tim Williamson has advanced and defended a much discussed theory of evidence containing, among other claims, the thesis that, if one knows P, P is part of one's evidence. I argue that K ⊆ E is false, and indeed that it is so for a reason that Williamson himself essentially provides in arguing against the thesis that, if one has a justified true belief in P, P is part of one's evidence: together with (...) a very plausible principle governing the acquisition of knowledge by non-deductive inference based on evidence, K ⊆ E leads, in a sorites-like fashion, to what would seem a series of unacceptably bootstrapping expansions of one's evidence. I then develop some considerations about the functions of and conditions for evidence which are suggested by the argument against K ⊆ E. I close by discussing the relationship of the argument with anti-closure arguments of the style exemplified by the preface paradox: I contend that, if closure is assumed, it is extremely plausible to expect that the diagnosis of what goes wrong in the preface-paradox-style argument cannot be used to block my own argument. (shrink)
In an earlier paper by one of us [K.-E. Hellwig (1981)], elements of discrete quantum stochastic processes which arise when the classical probability space is replaced by quantum theory have been considered. In the present paper a general formulation is given and its properties are compared with those of classical stochastic processes. Especially, it is asked whether such processes can be Markovian. An example is given and similarities to methods in quantum statistical thermodynamics are pointed out.
The aim of this inquiry is to determine whether printmaking is best understood ontologically as analogous to a work-performance relation. Are prints the visual analogue of symphonies? My motivation for pursuing the comparison of printmaking to music is twofold. First, because relatively little has been written on the ontology of fine art prints, our use of an already developed body of scholarship will help us to gain some traction on the question. Second, within the existing literature on the ontology of (...) prints, there seems to be a persistent confusion about the difference between what makes a print an artwork, and what makes it a genuine or authentic artwork, signed or in some other way ratified by a given artist. I conclude by suggesting that prints are indeed ontologically unusual insofar as they occupy an intermediate position between pure multiples, of which there can be an unlimited number of tokens, and singular artworks that consist of one physical object. (shrink)
This collection of essays by leading international philosophers considers central themes in the ethics of Danish philosopher Knud Ejler Løgstrup (1905–1981). Løgstrup was a Lutheran theologian much influenced by phenomenology and by strong currents in Danish culture, to which he himself made important contributions. The essays in What Is Ethically Demanded? K. E. Løgstrup’s Philosophy of Moral Life are divided into four sections. The first section deals predominantly with Løgstrup’s relation to Kant and, through Kant, the system of morality in (...) general. The second section focuses on how Løgstrup stands in connection with Kierkegaard, Heidegger, and Levinas. The third section considers issues in the development of Løgstrup’s ethics and how it relates to other aspects of his thought. The final section covers certain central themes in Løgstrup’s position, particularly his claims about trust and the unfulfillability of the ethical demand. The volume includes a previously untranslated early essay by Løgstrup, “The Anthropology of Kant’s Ethics,” which defines some of his basic ethical ideas in opposition to Kant’s. The book will appeal to philosophers and theologians with an interest in ethics and the history of philosophy. (shrink)
In an introduction to tbe tbeology and moral pbilosopby of tbe Danisb tbinker, K. E. Legstrup, tbe starting point ist taken in bis on pbenomenological basis developed pbilosopby of creation. Tbe vibrant discussion in Denmark in tbe fifties between K. E. Legstrup an N. H. See conceming a specific cbristian etbics is evaluated and it is sbown bow Legstcups etbical tbinking developed in two directions. On tbe one band be expands bis pbilosopby of creation into metapbysical reflections in order to (...) substantiate bis solution to tbe problern of tbe foundations of etbics. On tbe otber band be anticipates a development towards applied etbics. (shrink)
In a recent article, Hans Maes argues that examples drawn from contemporary visual art shed new light on the long-standing and seemingly intractable debate between Hypothetical Intentionalism (HI) and Moderate Actual Intentionalism (AI). He presents two test cases that, he argues, tilt the scale in favour of AI. In this paper I re-examine Maes's two test cases, and argue that neither succeeds as a test case. The first case fails because it confuses a relevant fact about the artwork with the (...) artist's intentions for the work. The second case fails because the work in question does not count as an utterance. The failure of Maes's examples suggests that the interpretive norms surrounding contemporary visual art cannot settle the debate between AI and HI. (shrink)