When policymakers craft rules for use by the general public, they must take into account the ways in which their rules are likely to be misapplied. Should contractualists and rule consequentialists do the same when they search for rules whose general acceptance would be non-rejectable or ideal? I argue that these theorists face a dilemma. If they ignore the possibility of misapplication, they end up with an unrealistic view that rejects rules designed to protect us from others’ mistakes. On (...) the other hand, if they take misapplication into account, they end up rejecting rules that appeal to what really matters morally in favor of easier-to-apply proxies for these rules. This leaves them unable to say why certain wrong acts are wrong, which in turn may lead them to mistaken verdicts about moral worth and wronging. I show how this misapplication dilemma applies to standard contractualist and rule consequentialist theories, but also suggest how it might generalize to other two-level theories, including those designed to avoid the ideal world objection. (shrink)

Researchers and technologists involved in the development of weapon systems can take their work to such extremes as to cause unplanned injury or death to others and lasting damage to the environment, reviewed here. In some cases innocent human casualties and ecological harm may actually be programmed and achieved. An analysis is proffered, attributing blame, and indicating efforts to correct the situation. The ethics involved are “complexified”, moral boundaries are exceeded, and humanity is transgressed as it develops solutions to the (...) problem. The license to make mistakes becomes more limited with the passing of the years.. (shrink)

In this article, I defend Buddhism from Paul Waldau’s charge of speciesism. I argue that Waldau attributes to Buddhism various notions that it does not necessarily have, such as the ideas that beings are morally considerable if they possess certain traits, and that humans, as morally considerable beings, ought never to be treated as means. These ideas may not belong in Buddhism, and for Waldau’s argument to work, he needs to show that they do. Moreover, a closer look at his (...) case reveals a more significant problem for ecologically minded Buddhists—namely that the Pāli texts do not seem to attribute intrinsic value to any form of life at all, regardless of species. Thus, I conclude that rather than relying on Western concepts, it may be preferable to look for a discourse from within the tradition itself to explain why Buddhists ought to be concerned about the natural world. (shrink)

The American Journal of Bioethics, Volume 12, Issue 4, Page 17-19, April 2012.

This is an introductory article on sociobiology, particularly its relationship to eugenics. Sociobiology developed in the 1960s as a field within evolutionary biology to explain human social traits and behaviours. Although sociobiology has few direct connections to eugenics, it shares eugenics’ optimistic enthusiasm for extending biological science into the human domain, often with reckless sensationalism. Sociobiology's critics have argued that sociobiology also propagates a kind of genetic determinism and represents the zealous misapplication of science beyond its proper reach that (...) characterized the eugenics movement. More recently, evolutionary psychology represents a sophistication of sociobiology that attends to the mind as the "missing link" between evolution and behaviour (Cosmides and Tooby 1992, Pinker 1997). (shrink)

I argue that there are significant moral reasons in addition to harm prevention for making vaccination against certain common infectious diseases compulsory. My argument is based on an analogy between vaccine refusal and tax evasion. First, I discuss some of the arguments for compulsory vaccination that are based on considerations of the risk of harm that the non‐vaccinated would pose on others; I will suggest that the strength of such arguments is contingent upon circumstances and that in order to provide (...) the strongest defence possible of compulsory vaccination, such arguments need to be supplemented by additional arguments. I will then offer my additional argument for compulsory vaccination: I will argue that in both cases of vaccine refusal and of tax evasion individuals fail to make their fair contribution to important social and public goods, regardless of whether each individual contribution ‘makes a difference’. While fairness considerations have sometimes been used to support a moral duty to vaccinate, they have not been appealed to in order to argue for a legal duty to vaccinate. I will suggest that this is due, among other things, to a misapplication of the principle of the least restrictive alternative in public health. Finally, I will address nine possible objections to my argument. (shrink)

Most philosophers of mathematics try to show either that the sort of knowledge mathematicians have is similar to the sort of knowledge specialists in the empirical sciences have or that the kind of knowledge mathematicians have, although apparently about objects such as numbers, sets, and so on, isn't really about those sorts of things as well. Jody Azzouni argues that mathematical knowledge really is a special kind of knowledge with its own special means of gathering evidence. He analyses the linguistic (...) pitfalls and misperceptions philosophers in this field are often prone to, and explores the misapplications of epistemic principles from the empirical sciences to the exact sciences. What emerges is a picture of mathematics both sensitive to mathematical practice, and to the ontological and epistemological issues that concern philosophers. (shrink)

This paper discusses the role of consent in decision making generally and its role in end of life decisions in particular. It outlines a conception of autonomy which explains and justifies the role of consent in decision making and criticises some misapplications of the idea of consent, particular the role of fictitious or “proxy” consents.Where the inevitable outcome of a decision must be that a human individual will die and where that individual is a person who can consent, then that (...) decision is ethical if and only if the individual consents. In very rare and extreme cases such a decision will be ethical in the absence of consent where it would be massively cruel not to end life in order to prevent suffering which is in no other way preventable.Where, however, the human individual is not a person, as is the case with abortion, the death of infants like Mary , or in the very rare and extreme cases of those who have ceased to be persons like Tony Bland, such decisions are governed by the ethics of ending the lives of non-persons. (shrink)

I will introduce six constraints that should guide the formulation and use of DE. One goal in listing them is to engage in dialectical fair play by ruling out criticisms of the doctrine that are directed at misformulations of DE or that result from misapplications of it. Each of these constraints should be acceptable to any proponent of DE. Yet when these constraints on the application of DE are respected, it becomes clear that many of the examples provided as illustrations (...) of DE actually illustrate other, more interesting uses of the contrast between intention and foresight. (shrink)

In this paper I offer an interpretation of Kant’s theory of perceptual error based on his remarks in the Anthropology. Both hallucination and illusion, I argue, are for Kant species of experience and therefore require the standard co-operation of sensibility and understanding. I develop my account in a conceptualist framework according to which the two canonical classes of non-veridical experience involve error in the basic sense that how they represent the world as being is not how the world is. In (...) hallucination this is due to the misapplication of categories and in illusion to the misapplication of empirical concepts. Yet there is also room in this framework for a distinction in terms of cognitive functionality between the level of experience, which is merely judgementally structured, and that of judgement proper, which involves the free action of a conscious agent. This distinction enables Kant to allow for the otherwise problematic phenomenon of self-aware non-veridicality. (shrink)

Biomedical research funding bodies across Europe and North America increasingly encourage—and, in some cases, require—investigators to involve members of the public in funded research. Yet there remains a striking lack of clarity about what ‘good’ or ‘successful’ public involvement looks like. In an effort to provide guidance to investigators and research organisations, representatives of several key research funding bodies in the UK recently came together to develop the National Standards for Public Involvement in Research. The Standards have critical implications for (...) the future of biomedical research in the UK and in other countries as researchers and funders abroad look to the Standards as a model for their own policy development. We assess the Standards and find that despite offering useful suggestions for dealing with practical challenges associated with public involvement, the Standards fail to address fundamental questions about when, why and with whom public involvement should be undertaken in the first place. We show that presented without this justificatory context, many of the recommendations in the Standards are, at best, fragments that require substantial elaboration by those looking to apply the Standards in their own work and, at worst, subject to potentially harmful misapplication by well-meaning investigators. As funding bodies increasingly push for public involvement in research, the key lesson of our analysis is that future recommendations about how public involvement should be conducted cannot be coherently formulated without a clear sense of the underlying goals and rationales for public involvement. (shrink)

Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of “but-for causation” to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status—say, sex or race—just in case the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this essay, we (...) first unpack the ambiguity of this but-for causal reasoning. We then show that this reasoning arises from a misapplication of tort law principles within antidiscrimination law, and that, as a result, it is both conceptually and normatively indeterminate. (shrink)

One prominent criticism of John Rawls’s The Law of Peoples is that it treats certain non-liberal societies, what Rawls calls ‘decent hierarchical societies’, as equal participants in a just international system. Rawls claims that these non-liberal societies should be respected as equals by liberal democratic societies, even though they do not grant their citizens the basic rights of democratic citizenship. This is presented by Rawls as a consequence of liberalism’s commitment to the principle of toleration. A number of critics have (...) claimed that Rawls’s treatment of these non-liberal societies is symptomatic of a more general problem with political liberalism, namely, its reliance on toleration as its ‘fundamental principle’. Against this view, I argue that the principle of toleration should not be understood as political liberalism’s ‘fundamental principle’. This is revealed through a consideration of the normative basis of what Rawls calls the ‘Liberal Principle of Legitimacy’. A correct understanding of political liberalism’s ‘fundamental principle’, which I claim is a principle of equal ‘civic respect’ for citizens, shows that Rawls’s toleration of non-liberal societies is in fact a misapplication of political liberalism to the global domain. Moreover, I explain that political liberalism must assert that the principle of equal civic respect for citizens is the correct principle to govern the public political relations of citizens in all pluralist societies, and that most ‘decent hierarchical societies’ are pluralist in nature. Identifying political liberalism’s fundamental principle as that of equal civic respect for citizens helps to render political liberalism, in both the domestic and international domains, a more coherent and compelling approach to thinking about fundamental political issues. Key Words: civic respect • international relations • justice • political liberalism • Rawls • toleration. (shrink)

I develop a solution to the Sorites Paradox, according to which a concatenation of valid arguments need not itself be valid. I specify which chains of valid arguments are those that do not preserve validity: those that pass the vague boundary between cases where the relevant concept applies and cases where that concept does not apply. I also develop various criticisms of this solution and show why they fail; basically, they all involve a petitio at some stage. I criticise the (...) conviction that if every short argument in a long concatenated argument is valid, so is the long argument: it is, I argue, the result of an unjustified generalisation from the case of arguments that do not employ vague concepts (as in mathematics) to arguments that do employ them. My approach is Wittgensteinian in its “leaving everything as it is,” in its claiming that the “beginning” has been searched too far back (see paper's epigraph) and in its claim that the paradox was generated by a misapplication of a partial picture of the behaviour of arguments. I conclude my paper by comparing and contrasting my approach to the few precedents found in the vagueness literature and by answering a few additional objections that were raised there. (shrink)

In this chapter I show that idealizing assumptions can obscure conversational dynamics because they neglect power differentials that are crucial enablers of the successful performance of some speech acts (see, Sbisà, 2020). I examine how silencing is promoted by conversational norms that would defeasibly entitle linguistic agents to presume that silence indicates acceptance. I focus on Goldberg’s (2020) discussion of these phenomena. Goldberg argues in support of a norm of no silent rejections claiming that silencing is partly the result of (...) the misapplication of this norm. He further defends the view that the norm itself is part of the solution to the problem of silencing. In the chapter I argue that Goldberg is mistaken on these points. Instead, drawing inspiration from Sbisà (2020), I argue that norms of no silent rejection are temporarily enacted by means of speech acts that function as exercitive assertions. (shrink)

Black and Wilensky (1979) have made serious methodological errors in analyzing story grammars, and in the process they have committed additional errors in applying formal language theory. Our arguments involve clarifying certain aspects of knowledge representation crucial to a proper treatment of story understanding.Particular criticisms focus on the following shortcomings of their presentation: 1) an erroneous statement from formal language theory, 2) misapplication of formal language theory to story grammars, 3) unsubstantiated and doubtful analogies with English grammar, 4) various (...) non sequiturs concerning the generation of non‐stories, 5) a false claim based on the artificial distinction between syntax and semantics, and 6) misinterpretation of the role of story grammars in story understanding.We conclude by suggesting appropriate criteria for the evaluation of story grammars. (shrink)

It is commonly accepted that the golden rule—most often formulated as "do unto others as you would have them do unto you"—is a unifying element between many diverse religious traditions, both Eastern and Western. Its influence also extends beyond such traditions, since many non-religious individuals hold up the golden rule as central to their lives. Yet, while it is extraordinarily important and widespread, the golden rule is often dismissed by scholars as a vague proverb that quickly leads to absurdities when (...) one attempts to formulate it in clear terms. In this book, Harry J. Gensler defends the golden rule and addresses all of the major philosophic objections, pointing out several common misunderstanding and misapplications. Gensler first discusses golden-rule reasoning and how to avoid the main pitfalls. He then relates the golden rule to world religions and history, and to areas like moral education, egoism, evolution, society, racism, business, and medicine. The book ends with a discussion of theoretical issues . Ethics and the Golden Rule offers two introductory chapters, the first is simpler and the second more technical; a reader may start with either or both. One can then read any combination of further chapters, in any order, depending on one’s interests; but Chapters 13 and 14 are technical and assume one has read Chapter 2. This is "a golden-rule book for everyone," accessible to a wide readership. (shrink)

This paper attempts to develop an ethico-aesthetic framework for enriching one's life and ethical outlook. Drawing primarily from Nietzsche, Foucault, and Heidegger, an argument is made that Heidegger's understanding of this issue was mistaken. The ontological crisis of modernity is not the overt influence of mathematics as a worldview over poetics and more traditionally aesthetic approaches. It is the rampant mis-and over-application of abstraction within one's view of the world while denying the material realities of life as we live it. (...) This runaway abstractive worldview leads to the misapplication of mathematics and other sciences which in turn facilitate the dehumanization of life and those within it. When we try to solve the real problems of our material human lives through overly abstractive means, then we arrive at inauthentic arguments that fuel popular disdain for philosophy as irrelevant and nothing more than the purview of the elite. The goal is a recalibration of the argument toward addressing the denial of materiality within Modernism. (shrink)

Early Childhood and Neuroscience is a practical guide to understanding the complex and challenging subject of neuroscience and its use (and misapplication) in early childhood policy and practice. The 2nd edition has been updated throughout and includes three new chapters on: - the effects of childhood trauma - school readiness - neurodiversity It also includes a new Foreword by Laura Jana (Penn State University, USA). The book provides a balanced overview of the debates by weaving discussion on the opportunities (...) of using neuroscience in early childhood practice with examination of the limitations and ethical implications throughout the chapters. This enables students to inform their own opinions about the discipline and its use in their future practice. Clear explanations of the main terms and theories are complemented with illustrative case studies of cutting-edge research from around the world, a glossary of key terms and suggestions for further reading. Reflective discussion questions give students the chance to apply their theoretical knowledge to real-world contexts. (shrink)

This paper provides a model on repairing re-establishing stakeholder relationships after a firm engages in a moral indiscretion. Depending upon their nature, indiscretions can be classified as mistakes, misconduct, or improprieties. After committing an indiscretion, firms can attempt to reestablish positive stakeholder relationships by strengthening their technical competency (for mistakes), improving their reputation (for misconduct), and enhancing their goodwill with relevant stakeholders (for improprieties). However, a firm’s cultural orientation may result in the misapplication of the stakeholder repair mechanism (competency, (...) reputation, and goodwill) with the applicable indiscretion (mistakes, misconduct, and improprieties). (shrink)

Psychotherapy and psychoanalysis don't always work. Inevitably, a therapy or analysis may fail to alleviate the suffering of the patient. The reasons why this occurs are as manifold as the patients and analysts themselves, and oftentimes are a source of frustration and vexation to clinicians, who aren't always eager to discuss them. Taking the challenge head-on, Arnold Goldberg proposes to demystify failure in an effort to determine its essential meaning before determining its causes. Utilizing multiple vignettes of failed cases, he (...) offers a deconstruction and a subsequent taxonomy of failure, delineating cases that go bad after six months from cases that never get off the ground, mismatches from impasses, failures of empathy from failures of inattention. Commonalities in the experience of failure – conceived as less a misapplication of technique than consequences of a co-constructed yet fraught therapeutic relationship – begin to emerge for scrutiny. (shrink)

This article, which analyses relevant cases that have already been the subject of academic commentary, examines some of the most commonly recurring problems in the proper ascertainment of foreign law. Drawing parallels to translation theories, the article examines best practices for foreign law experts and situational factors that sometimes result in the misapplication of foreign law.

Generalisation, universal knowledge claims, and recommendations within disaster studies are problematic because they lead to miscommunication and the misapplication of actionable knowledge. The consequences and impacts thereof are not often considered by experts; forgone as irrelevant to the academic division of labour. There is a disconnect between expert assertions for disaster risk reduction (DRR) and their practical suitability for laypersons. Experts currently assert independently of the context within which protective action measures (PAMs) are to be used, measures unconnected to (...) the people for whom they are developed. This has knock-on effects for DRR: much expert-generated science and policy remains unused, unimplemented, and sometimes misapplied. I use philosophical accounts of assertion and epistemic blame to highlight the epistemic relationship between experts and laypersons. This relationship includes responsibilities and agreements between epistemic agents. Since multilevel DRR knowledge still transfers top-down from experts to laypersons, if experts impair the epistemic relationship, they can be held epistemically blameworthy. To address the pervasiveness of top-down systems, I analyse the epistemic framings and narratives currently shaping DRR, and more specifically PAMs and campaigns. I deconstruct universal perspectives that dominate the epistemic processes of generating, disseminating, and implementing DRR knowledge and specifically for co-seismic landslide PAMs for Nepal. I argue for more inclusive, contextual, and epistemically responsible DRR. Co-production of knowledge should begin from the standpoints of marginalised persons who may have an epistemic advantage due to their socio-politically marginalised positions. Often these epistemic contributions are left out of DRR efforts because marginalised persons are rarely afforded equal, if any, epistemic agency, which results in epistemic gaps and a large pool of relevant knowledge remaining unincorporated and unused in DRR research and policy. (shrink)

Significant contributions to debates in the philosophy of evidence-based medicine (EBM) have come from a variety of different philosophical quarters, yet mainstream discourse in the field has been largely devoid of contributions from scholars working in the pragmatist tradition. This is a particularly conspicuous omission, given pragmatism’s commitment to the melioristic view that philosophy both can, and should, be about the business of concretely bettering the human estate. Two exceptions to this oversight come from Brian Walsh and Maya Goldenberg. Unfortunately, (...) in both cases, the misapplication of pragmatist thinking leads to the mistaken view that EBM is committed to some form of pernicious objectivism. This article aims to revise these pragmatist critiques in order to bring them more consistently in line with pragmatist values and commitments. Doing so shows that EBM is defensible on pragmatist grounds against objectivist attacks. (shrink)

Some methodological adaptationists hijacked the term “exaptation,” and took an occasion of Stephen Jay Gould’s misspeaking as confirmation that it possessed an evolutionarily “designed” function and was a version of an adaptation, something it was decidedly not. Others provided a standard of evidence for exaptation that was inappropriate, and based on an adaptationist worldview. This article is intended to serve as both an analysis of and correction to those situations. Gould and Elisabeth Vrba’s terms, “exaptation” and “aptation,” as originally introduced, (...) are very useful, unlike the faded adaptationist echo of “exaptation” devised by the methodological adaptationists, which has made the term incoherent. We will discuss how exaptation relates to function, to aptation, and to adaptation, both primary and secondary. These ideas have been rendered practically useless through their mistaken definitions and misapplications by evolutionary psychologists. (shrink)

This essay seeks to demonstrate that there are no compelling reasons to exclude non-Western artefacts from the domain of art. Any theory of art must therefore account for the universality of the concept of art. It cannot simply start from ‘our’ art traditions and extend these conceptions to other cultures, since this would imply cultural appropriation, nor can it resolve the matter simply by formulating separate criteria for non-Western art, since this would imply that there is no unity in the (...) concept of art. At first sight, cluster theories of art seem capable of accounting for the universality of art since they (can) start from a broad cross-cultural range of artworks and nowhere seem to extend one conception of art to other conceptions. Yet cluster theories remain unsatisfactory, because they can neither avoid misapplication of the proposed criteria, nor clarify the unity in the concept of art. (shrink)

The concept of conscience continues to play a central role in our ethical reasoning as well as in public and philosophical debate over medical ethics, religious freedom, and conscientious objection in many fields, including war. Despite this continued relevance the nature of conscience itself has remained a relatively neglected topic in recent philosophical literature. In this paper I discuss some historical background to the concept and outline the essential features required for any satisfactory account of conscience and its significance for (...) a coherent moral psychology. It will become clear that conscience is a complex concept resisting reduction to any one of its component features. In doing so I critique recent accounts of conscience which have been insufficiently attentive to these complexities and as a consequence have drawn mistaken conclusions about the legitimate role of conscience in moral reasoning. I also discuss the significance of various distortions of conscience such what I call “the fanaticised conscience”. Clarifying our concept of conscience helps us avoid both conceptual confusion in moral psychology and misapplications of the concept in our understanding of conscientious objection both theoretically and in practice. (shrink)

Aristotle’s several accounts of the praiseworthy mean temperament of nemesis, one in the Nichomachean Ethics and two in the Eudemian Ethics, do not cohere with each other, and each account is internally flawed. Some philosophers have pronounced Aristotle’s accounts of nemesis as a mean to be irreparably defective and even a misapplication of the doctrine of the mean. Contrary to such pronouncements, Aristotle’s accounts of nemesis as a mean have explicable reparable flaws, and can be brought into coherence. The (...) tools for repair are provided by an interpretation and elaboration of Aristotle’s discussion, in the Rhetoric, of emotions and temperaments contrary to pity. Ultimately, nemesis as a praiseworthy mean temperament is constituted by and accounted for in terms of four praiseworthy sub-temperaments, namely proper indignation, proper Schadenfreude, proper pity, and proper gratulation. (shrink)

The so-called ‘type method’ widely employed in biological taxonomy is often seen as conforming to the causal-historical theory of reference. In this paper, I argue for an alternative account of reference for biological nomenclature in which taxon names are understood as descriptive names. A descriptive name, as the concept came to be known from the work of Gareth Evans, is a referring expression introduced by a definite description. There are three main differences between the DN and the causal account. First, (...) according to the DN account, rather than fixing a name to a referent, the assignment of a type specimen to serve as the name-bearer for a taxon should be seen as performatively establishing a synonymy between a name and a definite description of the form “the taxon whose type is t”. Each taxon name is therefore associated with a criterion of application, a semantic rule that establishes the connection between the name and the descriptive content. This is the second major difference from the causal account: taxon names do have some descriptive content associated with them. The final locus of dissent concerns the strength of the modality resulting from the usage of taxon names. In order to address this point, I use the DN account to focus on the debate between Matt Haber and Joeri Witteveen concerning misidentification of type specimens, misapplication of names, and the truth conditions of Joseph LaPorte’s de dicto necessary sentence “Necessarily, any species with a type specimen contains its type specimen”. Using a pragmatic variant of the distinction between attributive and referential uses of descriptions, I argue that a metalinguistic version of the de dicto sentence is in fact falsified, as previously argued by Haber. (shrink)

Populists are often cast as deniers of rationality, creators of a climate of “post-truth,” and valuing tribe over truth and the rigors of science. Their critics claim the authority of rationality and empirical facts. Yet the critics no less than populists enable an environment of spurious claims and defective argumentation. This is especially true in the realm of science. An important case study is the account of scientific trust offered by a leading public intellectual and historian of science, Naomi Oreskes, (...) and the misapplication of that theory during the coronavirus pandemic. (shrink)

Aristotle’s several accounts of the praiseworthy mean temperament of nemesis, one in the Nichomachean Ethics and two in the Eudemian Ethics, do not cohere with each other, and each account is internally flawed. Some philosophers have pronounced Aristotle’s accounts of nemesis as a mean to be irreparably defective and even a misapplication of the doctrine of the mean. Contrary to such pronouncements, Aristotle’s accounts of nemesis as a mean have explicable reparable flaws, and can be brought into coherence. The (...) tools for repair are provided by an interpretation and elaboration of Aristotle’s discussion, in the Rhetoric, of emotions and temperaments contrary to pity. Ultimately, nemesis as a praiseworthy mean temperament is constituted by and accounted for in terms of four praiseworthy sub-temperaments, namely proper indignation, proper Schadenfreude, proper pity, and proper gratulation. (shrink)

The term "false memories" has been used to refer to suggestibility experiments in which whole events are apparently confabulated and in media accounts of contested memories of childhood abuse. Since 1992 psychologists have increasingly used the term "false memory" when discussing memory errors for details, such as specific words within word lists. Use of the term to refer to errors in details is a shift in language away from other terms used historically (e.g., "memory intrusions"). We empirically examine this shift (...) in language and discuss implications of the new use of the term "false memories." Use of the term presents serious ethical challenges to the data-interpretation process by encouraging over-generalization and misapplication of research findings on word memory to social issues. (shrink)

Many social scientists and philosophers have counted themselves moral relativists in some sense or other. We cannot deal with all the various views which are properly called forms of “moral relativism”; so I propose to explain a form of moral relativism which seems to me an interesting, and somewhat plausible theory. This theory comprises the following three affirmations: The basic moral principles of different individuals or groups sometimes are, or can be, in some important sense conflicting. When there is such (...) fundamental conflict of basic principles or standards, there is either always, or at least sometimes, no way to show that one view is better justified even in the presence of ideally complete factual information; in that sense the principles are equally justified or “valid.” But there is a sense in which a particular moral belief may be mistaken or unjustified, if it is a misapplication of the basic principles of the individual or group, e.g., if the basic principles plus statements of known or knowable facts entail a moral proposition incompatible with it. As stated, moral relativism could be true even though in fact, accidentally, all individuals agree in their basic moral principles. (shrink)

In what sense is a person addicted to drugs or alcohol incompetent, and so a legitimate object of coercive treatment? The standard tests for competence do not pick out the capacity that is lost in addiction: the capacity to properly regulate consumption. This paper is an attempt to sketch a justificatory framework for understanding the conditions under which addicted persons may be treated against their will. These conditions rarely obtain, for they apply only when addiction is extremely severe and great (...) harm threatens. It will be argued also that to widen the measures currently in place in some jurisdictions, though philosophically well-motivated, would require very strong evidence of a set of conditions disposing a person to an addictive future. It is doubtful that any such currently available evidence is strong enough to justify coercive treatment. Nevertheless, coercive treatment of addiction is already a reality, with the potential for more, and so some discussion will be presented regarding the extraordinary safeguards necessary to prevent misapplication of such treatment policies. (shrink)

BackgroundPalliative sedation and analgesia are employed in patients with refractory and intractable symptoms at the end of life to reduce their suffering by lowering their level of consciousness. The doctrine of double effect, a philosophical principle that justifies doing a “good action” with a potentially “bad effect,” is frequently employed to provide an ethical justification for this practice. Main textWe argue that palliative sedation and analgesia do not fulfill the conditions required to apply the doctrine of double effect, and therefore (...) its use in this domain is inappropriate. Furthermore, we argue that the frequent application of the doctrine of double effect to palliative sedation and analgesia reflects physicians’ discomfort with the complex moral, intentional, and causal aspects of end-of-life care. ConclusionsWe are concerned that this misapplication of the doctrine of double effect can consequently impair physicians’ ethical reasoning and relationships with patients at the end of life. (shrink)

I will attempt to do two things in this paper.In Part I) I will show that H.A. Prichard failed to appreciate the limitations of the application of the ‘“ought” implies “can”’ principle. Where the ‘can’ is not the ‘can’ of physical impossibility the principle is false; the principle can be shown to be false when it is read this way by an examination of the role of excuses, which is not that of removing obligations. Part II) demonstrates how the (...) class='Hi'>misapplication of the ‘“ought” implies “can”’ principle is utilized in a chain of confusion: a confusion of excuses and justifications with respect to obligations and a confusion of the relation between obligations and blameworthiness. (shrink)

Science has become independent of its possible applications and misapplications to human welfare. In so far as the practical application of his theories has created, and is creating instruments of war more devastating than man has ever known, the scientist might perhaps feel responsible for the fate of our world. However, this pernicious application of science is purely incidental—just as incidental as the beneficial uses to which science can be put. Science and the pursuit of theoretical truth should be unaffected (...) by world events even of the most catastrophic nature. Yet this conviction, however natural we may deem it, is not unchallenged. On the contrary, this war is being waged between two groups of powers, one of which frankly declares science to be solely in the service of the race and the state, while the other group still holds to a science for truth's sake. (shrink)

Religious fundamentalism has become such a bane in our modern day societies that any serious thinker should consider it necessary to try to find a solution to this malaise of our civilization. This paper argues that the source of these crises is in the misapplication of religion to human society. Accordingly, it argues that unless there is a rationalization of the sacred, there may never be peace for humanity. This stems from the view that religious actors tendentiously manipulate religion (...) to serve their whims and caprices allegedly doing the work of the divine. Furthermore, the basis of their actions is a mixture of human nature and values. In order to stem the tide of fundamentalism, this paper avers that the world ought to borrow what the author calls the pragmatic religious value of the African Traditional Religion. (shrink)

Many recent AI policies have been structured under labels that follow a particular trend: national or international guidelines, policies or regulations, such as the EU’s and USA’s ‘Trustworthy AI’ and China’s and India’s adoption of ‘Responsible AI’, use a label that follows the recipe of [agentially loaded notion + ‘AI’]. A result of this branding, even if implicit, is to encourage the application by laypeople of these agentially loaded notions to the AI technologies themselves. Yet, these notions are appropriate only (...) when applied to agents, which current AI technologies are not; and the concern is that this misapplication creates an incentive to inappropriately attribute trustworthiness or responsibility to AI technologies. We endeavour to show that we have good reason to avoid any general AI policy that uses agentially loaded labelling. We suggest labelling these policies not in terms of some qualification of AI, but rather in terms of our approach to the technology and its wider development and use context – focusing on being trustworthy and responsible about AI, rather than on trustworthy or responsible AI. (shrink)

In The Disavowed Community, Jean-Luc Nancy presents a critique of his seminal 1983 essay “The Inoperative Community.” According to Nancy, his error in attempting to derive a politics from Maurice Blanchot’s concept of unworking lay in conflating politics and ontology. This paper suggests that Nancy’s self-critique is only partially correct. The problem ultimately resides in the theory of unworking itself, I argue, not its misapplication. In pursuing this contention, I trace out the tacit response to the exchange between Nancy (...) and Blanchot developed in Jacques Rancière’s early writings on aesthetics. Rancière’s turn to aesthetics is best understood, I propose, as an intended corrective to Blanchot’s influence on post-Marxist theory. Focusing on Rancière’s critiques of Blanchot in Mallarmé: Politics of the Siren and Mute Speech, I show how Rancière’s rival account of modern art answers the question of non-identitarian left politics that Nancy posed in “The Inoperative Community.”. (shrink)

The present study delves into the complex interplay between religion and secularism within the framework of contemporary European democracies. It explores how secularism is changing and how it is affecting public life, societal norms, and government. The purpose of the study is to clarify the difficulties and controversies surrounding secularism in Europe by examining the historical context and current dynamics. For measuring, the research used Smart PLS software and generated results, including descriptive statistics, which also present a smart PLS Algorithm (...) model between them. The discussion is on how secularism is interpreted and applied differently in different European nations, emphasizing the conflicts between the principles of religious freedom and governmental neutrality. It describes how secularism affects immigration, globalization, and cultural diversity and how these factors shape European cultures' social fabric. The article also critically assesses the charges made against secularism, such as the devaluation of moral principles and the marginalization of religious minorities. Concerns about the misapplication of secularism for discriminatory and cultural hegemony are also covered, especially in light of Islamophobia and clothing rules based on religion. The study argues for a nuanced view of religion's place in contemporary European democracies through this reevaluation. To promote inclusive forms of government that consider the diverse religious landscape of Europe, it highlights the significance of striking a balance between secular ideals and respect for religious plurality and freedom. (shrink)

This paper provides a model on repairing re-establishing stakeholder relationships after a firm engages in a moral indiscretion. Depending upon their nature, indiscretions can be classified as mistakes, misconduct, or improprieties. After committing an indiscretion, firms can attempt to reestablish positive stakeholder relationships by strengthening their technical competency (for mistakes), improving their reputation (for misconduct), and enhancing their goodwill with relevant stakeholders (for improprieties). However, a firm’s cultural orientation may result in the misapplication of the stakeholder repair mechanism (competency, (...) reputation, and goodwill) with the applicable indiscretion (mistakes, misconduct, and improprieties). (shrink)

The issue is not whether we should or should not reduce the facts of literature to those of some other order or to make it causally dependent on such things as history, religion, or philosophy. These are the phantoms of forty years. Nor is the issue whether a contextualist can be flexible enough to do other kinds of criticism. Empson was a poor contextualist and an atrocious Freudian; and if the man was the same, the activites were not. One can (...) do both in turns and doing both tells us nothing about the flexibility of contextualism. Empson was indefatiable in multiplying ambiguities and notoriously indifferent to contexts, a fact that is drawing some attention and admiration today from some structuralists. Nor is the issue whether or not contextualism has been vindicated by other schools of criticism because it held that poetic language was ambivalent. The evidence that is brought forth from psychoanalysis to support this point undermines it. If Freudianism holds that poetic language is ambivalent - and it does - then it does not vindicate the contribution of contextualism, since it antedates contextualism by many years. And as a matter of fact, poetic ambivalence has been held by many critics and aestheticians - Croce is an example - long before New Criticism and contextualism. Nor is the issue, finally, wheher or not literature defamiliarizes usual or habituated language. I suppose it does, but this does not tell us very much. The term was used by the Russian Formalists to describe the process by which new literary forms come into being as they separate themselves from "conventionalized" or "canonized" forms. The Russian ostranenie could be translated as "deconventionalizing," just as well as the more usual "making strange," and the less usual "defamiliarization" that Mr. Hyman has taken from Lemon and Reis. The Formalists quickly abandoned the term because it was too vague and general to account for the increasingly complex process that was involved in the interchange of literary forms. The term was not used to describe the relationship of literary language to nonliterary language, as Mr. Hyman uses it. This is a New Critical reflex, which tends always to see the literary context as something opposed to something outside itself. But Mr. Hyman's misuse is also the right use because his misunderstanding and misapplication of the term takes us to the real issue, one that he has been unwilling or unable to face despite all the grace and complaisance of his argument. (shrink)

I will attempt to do two things in this paper.In Part I) I will show that H.A. Prichard failed to appreciate the limitations of the application of the ‘“ought” implies “can”’ principle. Where the ‘can’ is not the ‘can’ of physical impossibility the principle is false; the principle can be shown to be false when it is read this way by an examination of the role of excuses, which is not that of removing obligations. Part II) demonstrates how the (...) class='Hi'>misapplication of the ‘“ought” implies “can”’ principle is utilized in a chain of confusion: a confusion of excuses and justifications with respect to obligations and a confusion of the relation between obligations and blameworthiness. (shrink)

Drawing on qualitative research evidence, this article offers an interpretation of morale which focuses on individual needs fulfilment. Three conceptual areas are discussed: morale as a group or an individual phenomenon; the dimensionality of morale; and the relationship between morale and satisfaction. It is suggested that work on morale has often been weakened by misinterpretation and misapplication and that what has often been presented as morale is, in fact, group cohesiveness or job satisfaction. Inappropriate generalisation has tended to obscure (...) the intricacies of morale and greater attention should now be paid to the individuality of influential factors. Salary and working conditions may be much less influential on morale than is generally thought. More significant, it is suggested, is the extent to which the job fulfils the individual's ‘ideal’. (shrink)

Given that the concept of coercion remains a central concern for bioethics, Quigley's (Monash Bioethics Rev 32:141–158, 2014) recent article provides a helpful analysis of its frequent misapplication in debates over the use of ‘nudges’. In this commentary I present a generally sympathetic response to Quigley’s argument while also raising several issues that are important for the larger debates about nudges and coercion. I focus on several closely related topics, including the definition of coercion, the role of empirical research, (...) and the normative concerns at the core of these disputes. I suggest that while a degree of precision is certainly required when deploying the relevant concepts, perhaps informed by empirical data, we need to continue to push these debates towards more pressing normative considerations. (shrink)