Sometimes, people who are otherwise eligible to donate blood are unduly deferred from donating. “Unduly” indicates a gap where a deferral policy misstates what exposes potential donors to risk and so defers more donors than is justified. Since the error is at the policy-level, it’s natural and understandable to focus criticism on reformulating or eliminating the offending policies. Policy change is undoubtedly the right goal because the policy is what prevents otherwise safe eligible donors from donating needed blood. But focusing (...) exclusively at the policy-level passes over a largely undiscussed question: if policy change takes time and there is an urgent need for blood now, then what should unduly deferred donors do in the meanwhile? Blood banks and federal agencies recommend that deferred donors donate their time or money until they become eligible, but blood is a non-fungible good: donated cash or volunteered time cannot replace a transfusion. Further, this request ignores that otherwise eligible donors could safely donate their blood in addition to their time and money. Here is the central question I will focus on in this paper: is a donor morally justified in lying on a questionnaire to donate blood if they justifiably believe that their blood poses no risk to a recipient and knows that honestly answering a donor questionnaire would unduly defer them from donating? (shrink)

Our aim is to draw a set of distinctions among types of goods which has significant implications for theories of distributive justice. We begin by providing a general account of two sets of properties--fungibility and nonfungibility, divisibility and indivisibility--and argue that goods can be distinguished according to these criteria. Further, we contend that these distinctions entail complications for structural principles of distributive justice (i.e., principles such as maximin that distribute payoffs to positions). As an example we consider James (...) Fishkin’s discussion of structural principles, arguing that Fishkin’s view that (i) value, structure, and assignment are independent holds only to the degree that the goods considered are fungible and divisible, (ii) structural principles face difficulties beyond those which Fishkin identifies and addresses with his principle of nontyranny, since structural principles cannot accommodate highly non¬fungible, indivisible goods, and (iii) these difficulties can be managed through the application of a value-sensitivity proviso. We then show that two important goods, medical care and advanced education, are highly nonfungible and indivisible and thus support the distinctions drawn earlier. Finally, we specify the nature of complementary contributions as well as coordination problems between structural principles and the value-sensitivity proviso in their application to distributive justice issues. -/- . (shrink)

In “Diversifying Effective Altruism’s Longshots in Animal Advocacy”, Matthew C. Halteman acknowledges the value of aspects of the EA method but considers two potential critical concerns. First, it isn’t always clear that effective altruism succeeds in doing the most good, especially where long-shots like foiling misaligned AI or producing meat without animals are concerned. Second, one might worry that investing large sums of money in long-shots like these, even if they do succeed, has the opportunity cost of failing adequately to (...) combat systemic injustice in the shorter term. This chapter explains each of these reservations and goes on to suggest some exciting new initiatives—institution-building in Black veganism, higher education, and religious communities—that could mitigate these reservations, energize and diversify the movement, and remain true to the EA method of supporting underexploited but potentially high-impact causes that produce non-fungible goods otherwise unlikely to be funded. (shrink)

This paper concerns regret, where regretting is to be understood, roughly, as mourning the loss of a forgone good. My ultimate aim is to add a new dimension to existing debate concerning the internal logic of regret by revealing the significance of certain sorts of cases—including, most interestingly, certain down-to-earth cases involving vague goals—in relation to the possibility of regret in continued endorsement cases. Intuitively, it might seem like, in continued endorsement cases, an agent’s regret must be tied to the (...) idea that the forgone good is no better than the achieved good but is also not fully made up for by the achieved good because the goods are different in kind. But this view is controversial. After describing a challenge to the view, as well as the main features of the debate regarding regret in which it figures, I appeal first to a fanciful case involving a set of ever-better options, and then to a more down-to-earth case involving a vague goal, to develop a defense of the opposing view that, even in continued endorsement cases, mourning the loss of a forgone good need not be tied to the idea that the loss of the good is not fully made up for by the gain of a preferred or incomparable good of a different kind. (shrink)

This paper approaches the question of terraforming—the changing of extraterrestrial environments to be capable of harboring earth-based life—by arguing for a novel conception of moral status that accounts for extraterrestrial bodies like Mars. The paper begins by addressing pro-terraforming arguments offered by James S. J. Schwartz before offering the novel account of moral status. The account offered builds on and modifies Keekok Lee’s No External Teleology Thesis (NETT), while defending a proposed Non-Fungibility Thesis (NFT). The NETT is modified and defended (...) with specific reference to Lee’s work on artifactuality and transgenic organisms. The NFT builds on work around objectification and irreplaceability, offering an account that recognizes the importance of bearers of value above and beyond the mere value they purportedly possess. Finally, the plausibility of the account is established by an overview of its applicability to other possible candidates for moral status. (shrink)

Owned objects are typically viewed as non-fungible-they cannot be freely interchanged. We report three experiments (total N=312) demonstrating this intuition in preschool-aged children. In Experiment 1, children considered an agent who takes one of two identical objects and leaves the other for a peer. Children viewed this as acceptable when the agent took his own item, but not when he took his peer's item. In Experiment 2, children considered scenarios where one agent took property from another. Children said the (...) victim could take back her own property from the perpetrator, but that she could not take an identical object belonging to the perpetrator. Finally, in Experiment 3A and 3B, children considered scenarios where a teacher could give a child either of two objects to play with-an object that the child had recently played with, or another object that looked the same. Children were more likely to say that the teacher should give the object recently played with when it belonged to the child, compared with when it belonged to the teacher. These findings are informative about the basis of judgments that property is non-fungible, and about young children's representation of ownership rights. They show that children's representation of ownership rights is not limited to principles protecting owners from being deprived. Our findings instead suggest that ownership rights are viewed as pertaining to individual objects. (shrink)

Biodiversity offsetting is an increasingly popular policy instrument used to compensate for losses in biodiversity and ecosystem services caused by development projects. Although evidence suggests that offsetting can yield significant environmental benefits, application of the policy instrument is surrounded by controversy. Among other things, critics argue that offsetting builds on normatively contentious assumptions regarding the value of nature and the fungibility of biodiversity components, such as species, habitats, ecosystems, and landscapes. A large portion of the criticism targets the allegedly illegitimate (...) commodification of nature that the policy instrument entails. Exploring the significantly more developed normative discussion on carbon offsetting, this article identifies four arguments that plausibly could be made to support the claim that it is wrong to commodify nature in the way biodiversity offsetting schemes do: the common ownership argument, the price argument, the non‐substitutability argument, and the “crowding out” argument. Although none of the arguments definitively invalidate the use of biodiversity offsets, they provide good reasons to proceed with caution when designing and implementing them. (shrink)

ABSTRACT There are disagreements among ethicists on what comprises an “appropriate” good to offer research participants. Debates often focus on the type, quantity, timing, and ethical appropriateness of such offers, particularly in settings where participants may be socio-economically vulnerable, such as in parts of Zambia. This was a Cross-sectional online survey of researchers and Research Ethics Committees (RECs) designed to understand practices, attitudes and policies associated with provision of goods to research participants. Of 122 responding researchers, 69 met eligibility (...) criteria. Responses were also received from five of the six Zambian RECs involved in reviewing research proposals. Forty-nine researchers (71.0%) confirmed previous experience offering goods to participants. Of these, 21 (42.9%) offered participants money only, 18 (36.7%) offered non-monetary goods, while the rest offered both monetary and non-monetary goods. Generally, goods were offered and approved by RECs to compensate for time, lost wages and transportation. One REC and 34.8% of researchers reported being subject to an institutional policy on offering goods to participants. While reimbursement is the main reason for offering goods to participants in Zambia, caution is required when deciding on the type and quantity of goods to offer given the potential for community mistrust and manipulation. (shrink)

There are disagreements among ethicists on what comprises an “appropriate” good to offer research participants. Debates often focus on the type, quantity, timing, and ethical appropriateness of such offers, particularly in settings where participants may be socio-economically vulnerable, such as in parts of Zambia. This was a Cross-sectional online survey of researchers and Research Ethics Committees designed to understand practices, attitudes and policies associated with provision of goods to research participants. Of 122 responding researchers, 69 met eligibility criteria. Responses (...) were also received from five of the six Zambian RECs involved in reviewing research proposals. Forty-nine researchers confirmed previous experience offering goods to participants. Of these, 21 offered participants money only, 18 offered non-monetary goods, while the rest offered both monetary and non-monetary goods. Generally, goods were offered and approved by RECs to compensate for time, lost wages and transportation. One REC and 34.8% of researchers reported being subject to an institutional policy on offering goods to participants. While reimbursement is the main reason for offering goods to participants in Zambia, caution is required when deciding on the type and quantity of goods to offer given the potential for community mistrust and manipulation. (shrink)

This paper is about The Good and its relation to various kinds of goodness. I will investigate what it means to say that something is a highest good, a final all-inclusive, complete, or greatest good, and I will consider some definitions of ‘instrumental’ and ‘non-instrumental’ goodness. I will prove several interesting theorems about The Good and explore some of the essential relationships between various kinds of goodness.

Good expresses agreement that the controversy between Bayesian and non-Bayesian statistics is more fundamental than that between Carnap and Popper, and points out that his own position is a Bayes/non-Bayes compromise.

I outline a pragmatic view of scientists' use of observation which draws attention to non-discursive, instrumental and social contexts of observation, in order to explain scientists' agreement about the appearance and significance of new phenomena. I argue that: observation is embedded in a network of activities, techniques, and interests; that experimentalists make construals of new phenomena which enable them communicate exploratory techniques and their outcomes, and that empirical enquiry consists of communicative, exploratory and predictive strategies whose interdependence ensures that, notwithstanding (...) the constructedness of representations and the empirical underdetermination of theories, observations contain information about the natural world. (shrink)

What makes any investigative field a scientific discipline? This article argues that disciplines are ever-changing frameworks within which scientific activity is organised. Moreover, disciplinarity is not a yes or no proposition: scientific activities may achieve degrees of identity development. Degree of consensus is the key, and consensus on many questions (conceptual, methodological, institutional, and social) varies among sciences. Lastly, disciplinary development is non-teleological. Disciplines pass through no regular stages on their way from immature to mature status, designations articulated within the (...) rhetoric of discipline formation. Scientists assemble disciplines using many elements: phenomena, methods, instruments, theories, analytical techniques, and institutional tools such as journals, government bureaus, and university positions. Scientists created geophysics during the nineteenth and twentieth centuries through such a combination. Whether geophysics became a discipline depends on how discipline is defined. (shrink)

From 1882 to 1903, Dewey explicitly espoused a Hegelian philosophy. Until recently, scholars agreed that he broke from Hegel no later than 1903, but never adequately accounted for what he called the "permanent deposit" that Hegel left in his mature thought. I argue that Dewey never made a clean break from Hegel. Instead, he drew on the work of the St. Louis Hegelians to fashion a non-metaphysical reading of Hegel, similar to that championed by Klaus Hartmann and other Hegel scholars (...) since the 1970s. This reading of Hegel is remarkably consistent with Dewey's mature philosophy. Although Dewey abruptly repudiated Hegel during World War I, I contend this reflected the exigencies of war rather than philosophical concerns. (shrink)

I outline a pragmatic view of scientists' use of observation which draws attention to non-discursive, instrumental and social contexts of observation, in order to explain scientists' agreement about the appearance and significance of new phenomena. I argue that: observation is embedded in a network of activities, techniques, and interests; that experimentalists make construals of new phenomena which enable them communicate exploratory techniques and their outcomes, and that empirical enquiry consists of communicative, exploratory and predictive strategies whose interdependence ensures that, notwithstanding (...) the constructedness of representations and the empirical underdetermination of theories, observations contain information about the natural world. (shrink)

This paper considers the potentially important role played by non-verbal communication in constraining pragmatic processing. Attention is paid to claims about the role of emotion in memory encoding and recall, its role in the formulation of plans and goals, and the creation of a shared emotional sense through various interpersonal processes. It is argued that ignoring these factors can lead to pragmatic theories which overestimate the processing demands facing the conversationalist, and that this overestimation will be problematic for any systems (...) which seek to build on these theories in the future. (shrink)

The Anticipatory and Consummatory Interpersonal Pleasure Scale is a psychometric instrument that has been used to indirectly measure social anhedonia in many cross-cultural contexts, such as in Western, European, Eastern, and Israeli samples. However, little is known about the psychometric properties of the ACIPS in Korean samples. The primary goal of this study was to validate the Korean version of the ACIPS among non-help-seeking individuals. The sample consisted of 307 adult individuals who had no current or prior psychiatric history. Participants (...) were administered the ACIPS, along with the Behavioral Inhibition and Behavioral Activation Scales and Beck Depression Inventory. We examined the association of the total ACIPS scores with the other measures. The ACIPS showed good internal consistency. We also explored the factor structure of the Korean translation of the ACIPS using principal component analysis with Promax rotation and Kaiser normalization. Factor analysis yielded a three-factor structure that accounted for 58.8% of the variance. The three-factor model included the following subdomains: interactions involving close relationships, casual interactions, and interactions involving family members. Total BAS and BIS scores were significantly associated with total ACIPS scores, while BDI scores were inversely associated with total ACIPS scores. The current research indicates that the Korean version of the ACIPS is a useful and valid scale. Future directions include using the Korean translation of the ACIPS to elucidate the varying degrees of hedonic capacity in psychiatric patients. (shrink)

Negative freedom (as opposed to positive freedom) has been widely considered an inherently non problematic notion. This paper attempts to show that, if considered as a good with a minimally objective structure, negative freedom can disrupt the capacity for deliberating in a substantively (that is, non purely formal, decision-theoretic) rational way. The argument turns on the notion of non-satiation, as a property of the objective value of some goods of not changing when the availability of the good is increased. (...) Two classes of non-satiating goods are distinguished, one of which has disruptive consequences for rational deliberation. Negative freedom belongs to this last class; and its non-satiating conceptual nature is defended by means of a simple dispositional analysis of value. It is suggested that also rationality itself can be regarded as a non-satiating good that can disrupt deliberation. (shrink)

This is not just another media ethics book. Engaging and non-conventional it breaks away from the usual text practice of presenting the ethical theories of well-known philosophers in watered-down form.

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Retribution involves the presumption that acts of punishment are non-instrumentally good, right, fitting, or justified. On this view, punishment need not be organized in relation to some good outcome or purpose (separate from the act itself or its relationship to past wrongdoing) in order to have moral worth of some kind. Wiegman argues that this view has its roots in ancient psychological impulses like anger and vengefulness. He has argued elsewhere that the evolution of these impulses undercuts our primary reason (...) to believe that punishment is good in itself. Here, he extends those arguments to also undercut the claim that punishment is right in itself. (shrink)

The author offers an accessible, non-dogmatic guide to sharing secrets of the Direct Path that are rarely revealed. Rather than a prescriptive, step-by-step book, After Awareness is a presentation of how the Direct Path works, examining lesser-known aspects of the path and providing context, examples, and critiques of its methods. You'll learn how to use the tools of non-dual self-inquiry-as well as when to discard them-and find a set of less doctrinaire terms and pointers for discussing non-dual awareness and the (...) Direct Path in a twenty-first-century context. With this open, pragmatic, and deconstructive approach, you'll see the Direct Path from all angles and be able to draw your own conclusions. You'll also discover ways to talk about self-inquiry and non-dual awareness in mixed settings. Most important, you'll learn how an exploration that begins with everyday perspectives and experiential investigations into the nature of the "I" can lead to a sense of true peace, free from all judgments and self-consciousness. (shrink)

This innovative volume is an extended intellectual conversation about the ways personal lives are being undone and remade today. Examining the ethnography of the modern subject, this preeminent group of scholars probes the continuity and diversity of modes of personhood across a range of Western and non-Western societies. Contributors consider what happens to individual subjectivity when stable or imagined environments such as nations and communities are transformed or displaced by free trade economics, terrorism, and war; how new information and medical (...) technologies reshape the relation one has to oneself; and which forms of subjectivity and life possibilities are produced against a world in pieces. The transdisciplinary conversation includes anthropologists, historians of science, psychologists, a literary critic, a philosopher, physicians, and an economist. The authors touch on how we think and write about contingency, human agency, and ethics today. (shrink)

This is the age which presents us with sixpenny booklets explaining in language “intelligible to the man in the street” the most profound mysteries of modern science, including many which even the scientists themselves do not understand. Hence many will find fault at the outset with a book which professes to treat in non-technical language of scholastic philosophy—perhaps the most technical of all sciences. To the scientific mind, technical terms are as necessary for correctness and precision as are tools to (...) the technician. “Popular science” is almost a contradiction in terms, and popular philosophy is no exception. (shrink)

Volume 19, Issue 7, July 2019, Page 45-47.

The paper presents a positive argument for a version of metaphysically light ethical non-naturalism from the nature of mental states such as desires. It uses as its premise the time-honoured, and recently rediscovered, doctrine of the guise of the good, whereby it is essential to desire that the object of desire be conceived as good or as normatively favoured under some description. The argument is that if the guise of the good is a correct theory of desire, then a certain (...) version of non-naturalism is better placed than other meta-ethical views to make sense of it. First I define ethical non-naturalism and the guise of the good, providing also an initial defence of the latter. Then I briefly survey some historical precedents and proceed to the argument. For each major meta-ethical view I consider I offer reasons why combining them with the guise of the good leads to consequences that are or should be unwelcome by the guise of the good. At the end of this elimination process a form of relatively metaphysically light non-naturalism will emerge as the view that best fits with the guise of the good. (shrink)

Synthetic organisms are at the same time organisms and artifacts. In this paper we aim to determine whether such entities have a good of their own, and so are candidates for being directly morally considerable. We argue that the good of non-sentient organisms is grounded in an etiological account of teleology, on which non-sentient organisms can come to be teleologically organized on the basis of their natural selection etiology. After defending this account of teleology, we argue that there are no (...) grounds for excluding synthetic organisms from having a good also grounded in their teleological organization. However, this comes at a cost; traditional artifacts will also be seen as having a good of their own. We defend this as the best solution to the puzzle about what to say about the good of synthetic organisms. (shrink)

The ipsilesional arm of stroke patients often has functionally limiting deficits in motor control and dexterity that depend on the side of the brain that is lesioned and that increase with the severity of paretic arm impairment. However, remediation of the ipsilesional arm has yet to be integrated into the usual standard of care for upper limb rehabilitation in stroke, largely due to a lack of translational research examining the effects of ipsilesional-arm intervention. We now ask whether ipsilesional-arm training, tailored (...) to the hemisphere-specific nature of ipsilesional-arm motor deficits in participants with moderate to severe contralesional paresis, improves ipsilesional arm performance and generalizes to improve functional independence. We assessed the effects of this intervention on ipsilesional arm unilateral performance [Jebsen–Taylor Hand Function Test ], ipsilesional grip strength, contralesional arm impairment level [Fugl–Meyer Assessment ], and functional independence [Functional independence measure ]. Intervention occurred over a 3 week period for 1.5 h/session, three times each week. All sessions included virtual reality tasks that targeted the specific motor control deficits associated with either left or right hemisphere damage, followed by graded dexterity training in real-world tasks. We also exposed participants to 3 weeks of sham training to control for the non-specific effects of therapy visits and interactions. We conducted five test-sessions: two pre-tests and three post-tests. Our results indicate substantial improvements in the less-impaired arm performance, without detriment to the paretic arm that transferred to improved functional independence in all three posttests, indicating durability of training effects for at least 3 weeks. We provide evidence for establishing the basis of a rehabilitation approach that includes evaluation and remediation of the ipsilesional arm in moderately to severely impaired stroke survivors. This study was originally a crossover design; however, we were unable to complete the second arm of the study due to the COVID-19 pandemic. We report the results from the first arm of the planned design as a longitudinal study. (shrink)

The republican project of freedom as non-domination commits the State to endowing citizens with the resources and attitudes necessary to both apprehend domination and abstain from dominating others. This, some have argued, renders it incompatible with political liberalism, which eschews the promotion of personal liberal virtues, being derived independently of any 'comprehensive doctrine'. Republican freedom is therefore depicted as penetrating deeper, in its application, into intimate and 'private' spheres. I argue, through a Rousseauist interpretation of Rawls's social contract, that its (...) 'political' stricture need not, however, preclude any socially transformative, emancipatory role. Thus, the promotion of freedom as non-domination is compatible with the 'modelled constraints' of Rawls's original position. Far from transgressing the 'political' limits of State power, the goods associated with non-domination may instead be seen as necessary to the realisation of 'moral personality'—independently of the 'final ends' for which it may be exercised. (shrink)

There has been considerable discussion recently of consequentialist justifications of epistemic norms. In this paper, I shall argue that these justifications are not justifications. The consequentialist needs a value theory, a theory of the epistemic good. The standard theory treats accuracy as the fundamental epistemic good and assumes that it is a good that calls for promotion. Both claims are mistaken. The fundamental epistemic good involves accuracy, but it involves more than just that. The fundamental epistemic good is knowledge, not (...) mere true belief, because the goodness of an epistemic state is connected to that state's ability to give us reasons. If I'm right about the value theory, this has a number of significant implications for the consequentialist project. First, the good-making features that attach to valuable full beliefs are not features of partial belief. The resulting value theory does not give us the values we need to give consequentialist justifications of credal norms. Second, the relevant kind of good does not call for promotion. It is good to know, but the rational standing of a belief is not determined by the belief's location in a ranked set of options. In the paper's final section, I explain why the present view is a kind of teleological non-consequentialism. There is a kind of good that is prior to the right, but as the relevant kind of good does not call for promotion the value theory shows us what is wrong with the consequentialist project. (shrink)

We introduce the notion of a w-good \-frame which is a weakening of Shelah’s notion of a good \-frame. Existence of a w-good \-frame implies existence of a model of size \. Tameness and amalgamation imply extension of a w-good \-frame to larger models. As an application we show:Theorem 0.1. Suppose\. If \ = \mathbb {I} = 1 \le \mathbb {I} < 2^{\lambda ^{++}}\)and\is\\)-tame, then\.The proof presented clarifies some of the details of the main theorem of Shelah and avoids using (...) the heavy set-theoretic machinery of Shelah by replacing it with tameness. (shrink)

In his reflections on ethics, Descartes distances himself from the eudaimonistic tradition in moral philosophy by introducing a distinction between happiness and the highest good. While happiness, in Descartes’s view, consists in an inner state of complete harmony and satisfaction, the highest good instead consists in virtue, i.e. in ‘a firm and constant resolution' to always use our free will well or correctly. In Section 1 of this paper, I pursue the Cartesian distinction between happiness and the highest good in (...) some detail. In Section 2, I discuss the question of how the motivation to virtue should be accounted for within Descartes’s ethical framework. In Section 3, I turn to Descartes’s defence of the view that virtue, while fundamentally distinct from happiness, is nevertheless sufficient for obtaining it. In the final section of the paper , my concern is instead with a second and sometimes neglected distinction that Descartes makes between two different senses o.. (shrink)

This article offers an account of at least some of the non-preparatory dimensions of education and their significance for a theory of educational justice. I argue that just schools should play a role in facilitating goods of childhood. I also defend an egalitarian view about the access children should have in school to the resources and opportunities associated with the non-preparatory dimensions of education.

An emotional value for money is clearly demonstrable beyond its value for getting goods, but this value need not be ascribed to human preparedness for altruism or play. Emotion is a motivated process, and our temptation to “overgraze” positive emotions selects for emotional patterns that are paced by adequately rare occasions. As a much-competed-for tool, money makes an excellent occasion for emotional reward – a prize with value beyond its tool value – but this is true also of the (...) other facts by which we pace our emotions. (Published Online April 5 2006). (shrink)

Non-Archimedean population axiologies – also known as lexical views – claim (i) that a sufficient number of lives at a very high positive welfare level would be better than any number of lives at a very low positive welfare level and/or (ii) that a sufficient number of lives at a very low negative welfare level would be worse than any number of lives at a very high negative welfare level. Such axiologies are popular because they can avoid the (Negative) Repugnant (...) Conclusion and satisfy the adequacy conditions given in the central impossibility result in population axiology due to Gustaf Arrhenius. I provide a novel argument against them which appeals to the way that good and bad lives can intuitively outweigh one another. (shrink)