Dutch euthanasia legislation states that an act of euthanasia is only permissible if it is based on a voluntary request made in a situation of unbearable suffering to which there are no alternatives.The central question of this article is whether these criteria can be satisfied simultaneously. In an analysis of several (partly overlapping) definitions of voluntariness it is argued that there are circumstances in which this question should be answered negatively.The possible incompatibility of the criteria reveals a tension between different (...) defences of the permissibility of euthanasia. (shrink)

This paper examines the structure of moral responsibility for outcomes. A central feature of the analysis is a condition that we term the ‘avoidance potential’, which gives precision to the idea that moral responsibility implies a reasonable demand that an agent should have acted otherwise. We show how our theory can allocate moral responsibility to individuals in complex collective action problems, an issue that sometimes goes by the name of ‘the problem of many hands’. We also show how it allocates (...) moral responsibility in the classic Frankfurt example. (shrink)

The primary aim of this paper is to analyze the concept of degrees of causal contribution for actual events and examine the way in which it can be formally defined. This should go some way to filling out a gap in the legal and philosophical literature on causation. By adopting the conception of a cause as a necessary element of a sufficient set (the so-called NESS test) we show that the concept of degrees of causation can be given clear and (...) even empirical meaning. We then apply a game theoretical framework to derive a measure of causal contribution. Our favoured measure turns out to be a generalised version of the normalized Penrose-Banzhaf index of voting power. (shrink)

This paper provides a methodologically original construction of Kant’s “Formula of Universal Law” . A formal structure consisting of possible worlds and games—a “game frame”—is used to implement Kant’s concept of a maxim and to define the two tests FUL comprises: the “contradiction in conception” and “contradiction in the will” tests. The paper makes two contributions. Firstly, the model provides a formal account of the variables that are built into FUL: agents, maxims, intentions, actions, and outcomes. This establishes a clear (...) benchmark for understanding how the mechanics of FUL actually work. Secondly, the analysis of the resulting framework sheds new light on discussions about the implications of FUL. On the basis of this, we suggest a move to “comprehensive Kantianism’, which is the application of FUL to systems of maxims rather than to isolated maxims. (shrink)

Logical puzzles like the doctrinal paradox raise the problem of how to aggregate individual judgements into a collective judgement, or alternatively, how to merge collectively inconsistent knowledge bases. In this paper, we view judgement aggregation as a function on propositional logic valuations, and we investigate how logic constrains judgement aggregation. In particular, we show that there is no non-dictatorial decision method for aggregating sets of judgements in a logically consistent way if the decision method is local, i.e., only depends on (...) the individual judgements on the proposition under consideration. (shrink)

This paper makes a contribution to the further development of the game-theoretic analysis of rights. The model presented here differs in several respects from the existing models. First of all, a distinction is made between outcome-oriented and action-oriented rights, a distinction which is closely related to the distinction between active and passive rights. Second, the legal-theoretic notions of negative and positive rights are formally defined. Third, we not only discuss the definition of rights, but also the way rights can be (...) violated. Using the distinction between negative and positive rights on the one hand, and between active and passive rights on the other, four different types of basic rights are distinguished. For each of these rights, the situations in which they can be said to be respected are examined. We thereby distinguish two possible sources of obstruction: by (groups of) individuals, and by law. Finally, the question of the possible realization of rights is examined. Depending on how the problem of the possible mutual incompatibility of rights is addressed, two distinct approaches are examined. It turns out that in both approaches the possible realization of rights crucially depends on characteristics of the 'state of nature'. (shrink)

Recent theories of negative freedom see it as a value-neutral concept; the definition of freedom should not be in terms of specific moral values. Specifically, preferences or desires do not enter into the definition of freedom. If preferences should so enter then Berlin's problem that a person may enhance their freedom by changing their preferences emerges. This paper demonstrates that such a preference-free conception brings its own counter-intuitive problems. It concludes that these problems might be avoided if the description of (...) the constraints which specify an agent's lack of freedom include the intentions of those who constrain the agents. (Published Online July 31 2007) Footnotes1 Versions of this paper have been read to a diverse set of academics in Bayreuth, Germany; Groningen, Netherlands; LSE, UK; and in Dublin, Ireland. We would like to thank participants at those sessions for their comments. We also thank anonymous referees, Ian Carter and Luc Bovens for their help in improving the paper. (shrink)

This paper presents a non-preference-based approach to the analysis of negative freedom. It is argued that a proper understanding of (different conceptions of) negative freedom necessitates an examination of the consequences of changes in the set of feasible alternatives. For this reason the paper does not focus on freedom rankings of opportunity sets but on freedom rankings of opportunity situations, i.e., pairs consisting of a feasible set and an opportunity set. Three different freedom rankings of opportunity situations are axiomatically characterised. (...) Each of the three rankings forms a generalisation of the purely cardinality-based freedom ranking of opportunity sets presented by Pattanaik and Xu (1990). (shrink)

SOCREAL 2010: 2nd International Workshop on Philosophy and Ethics of Social Reality. Sapporo, Japan, 2010-03-27/28. Session 3: Responsibility and Collective Agency.

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they are mere negative liberties, something that (...) capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism. (shrink)

A hard choice is a situation in which an agent is unable to make a justifiable choice from a given menu of alternatives. Our objective is to present a systematic treatment of the axiomatic structure of such situations. To do so, we draw on and contribute to the study of choice functions that can be indecisive, i.e., that may fail to select a non-empty set for some menus. In this more general framework, we present new characterizations of two well-known choice (...) rules, the maximally dominant choice rule and the top-cycle choice rule. Together with existing results, this yields an understanding of the circumstances in which hard choices arise. (shrink)

This paper presents a formal framework that purports to capture some aspects of Kant's theory of freedom. In particular, we argue that the analysis sheds further light on Kant's distinction between a negative and a positive concept of freedom. The paper shows that the two concepts are not equivalent: we not only argue that in a Kantian perspective negative freedom need not entail positive freedom, but also that there are situations in which a person can be said to be positively (...) but not negatively free (in a Kantian sense). (shrink)

The paradigm for modelling decision-making under uncertainty has undoubtedly been the theory of Expected Utility, which was first developed by von Neumann and Morgenstern (1944) and later extended by Savage (1954) to the case of subjective uncertainty. The inadequacy of the theory of Subjective Expected Utility (SEU) as a descriptive theory was soon pointed out in experiments, most famously by Allais (1953) and Ellsberg (1961). The observed departures from SEU noticed by Allais and Ellsberg became known as “paradoxes”. The Ellsberg (...) paradox gave rise, several years later, to a new literature on decision-making under ambiguity. The theoretical side of this literature was pioneered by Schmeidler (1989). This literature views the departures from SEU in situations similar to those discussed by Ellsberg as rational responses to ambiguity. The rationality is “recovered” by relaxing Savage's Sure-Thing principle and adding an ambiguity-aversion postulate. Thus the ambiguity-aversion literature takes a normative point of view and does consider Ellsberg-type choices as behavioural “anomalies”. (shrink)

Name der Zeitschrift: Neue Zeitschrift für Systematische Theologie und Religionsphilosophie Jahrgang: 57 Heft: 1 Seiten: 138-154.

We propose a new approach for tracing value change. Value change may lead to a mismatch between current value priorities in society and the values for which technologies were designed in the past, such as energy technologies based on fossil fuels, which were developed when sustainability was not considered a very important value. Better anticipating value change is essential to avoid a lack of social acceptance and moral acceptability of technologies. While value change can be studied historically and qualitatively, we (...) propose a more quantitative approach that uses large text corpora. It uses probabilistic topic models, which allow us to trace values that are latent. We demonstrate the approach for five types of value change in technology. Our approach is useful for testing hypotheses about value change, such as verifying whether value change has occurred and identifying patterns of value change. The approach can be used to trace value change for various technologies and text corpora, including scientific articles, newspaper articles, and policy documents. (shrink)

Innovation is a key component of most definitions of culture and intelligence. Additionally, innovations may affect a species' ecology and evolution. Nonetheless, conceptual and empirical work on innovation has only recently begun. In particular, largely because the existing operational definition (first occurrence in a population) requires long-term studies of populations, there has been no systematic study of innovation in wild animals. To facilitate such study, we have produced a new definition of innovation: Innovation is the process that generates in an (...) individual a novel learned behavior that is not simply a consequence of social learning or environmental induction. Using this definition, we propose a new operational approach for distinguishing innovations in the field. The operational criteria employ information from the following sources: (1) the behavior's geographic and local prevalence and individual frequency; (2) properties of the behavior, such as the social role of the behavior, the context in which the behavior is exhibited, and its similarity to other behaviors; (3) changes in the occurrence of the behavior over time; and (4) knowledge of spontaneous or experimentally induced behavior in captivity. These criteria do not require long-term studies at a single site, but information from multiple populations of a species will generally be needed. These criteria are systematized into a dichotomous key that can be used to assess whether a behavior observed in the field is likely to be an innovation. (shrink)

The suggestion of seeking specificity in a higher-order array is attractive, but Stoffregen & Bardy fail to provide a compelling empirical basis to their claim that specificity exists solely in the global array. Using the example of relative motion, the alternate hypotheses that must be considered are presented.

The text of the tract De arcubus similibus was published for the first time by M. Curtze in 1887. However, after examining some more Latin manuscripts and the Arabic MS Oxford, Bodleian Library, Marsh 663 it appeared, that Curtze's edition was rather an adaptation. Also Curtze's suggestion that Jordanus Nemorarius was the author was very probably wrong. The author of the tract was the Egyptian mathematician Ahmed ibn Jusuf as appears from the Latin manuscripts, and its translator, very probably, Gerard (...) of Cremona. In the tract Ahmed tried to prove, that the assertion ‘similar arcs are also equal arcs’ was wrong . His starting points were the propositions Euclid III, 20 and 21. Consequently, the tract can be looked upon as a commentary on the third book of the Elements. (shrink)

Precision medicine research involving human biological material is becoming an increasingly central component of healthcare, and its potential is quickly growing due to rapid technological progress...

The American Journal of Bioethics, Volume 12, Issue 10, Page 10-12, October 2012.