An action is unratifiable when, on the assumption that one performs it, another option has higher expected utility. Unratifiable actions are often claimed to be somehow rationally defective. But in some cases where multiple options are unratifiable, one unratifiable option can still seem preferable to another. We should respond, I argue, by invoking a graded notion of ratifiability.

Sufficient conditions are given under which ratifiable acts exist.

In recent years, “deliberation” has become the byword of many political theorists, most of whom identify deliberation with reasoned conversation. Among the most forceful advocates of deliberation as conversation are Jürgen Habermas and, to a greater or lesser extent, his successors who style themselves “deliberative democrats.” For them, the more political decision‐making approximates the ideal of a reasoned public conversation among free and equal individuals, the more legitimate and rational it will be. “Outcomes,” they say are democratically legitimate if and (...) only if they could be the object of a free and reasoned agreement among equals. Their deliberative model produces more rational decision‐making, they say, because it conveys information, impels individuals to order their preferences coherently, and by making persons articulate good reasons in public leads them “to think from the standpoint of all involved.”. (shrink)

On "Revolutionary Road": A Proposal for Extending the Gricean Model of Communication to Cover Multiple Hearers The paper addresses the problem of multiple hearers in the context of the Gricean model of communication, which is based on speaker meaning and the Cooperative Principle, together with its subordinate maxims, legitimately flouted to yield implicatures. Grice appears to have conceived of the communicative process as taking place between two interlocutors, assuming that the speaker communicates meanings, while the hearer makes compatible inferences. A (...) thesis propounded here is that this dyadic account must undergo a number of fundamental modifications to cover a variety of hearer types, both ratified and unratified, partaking in polylogic interactions. (shrink)

Defenders of sophisticated evidential decision theory (EDT) have argued (1) that its failure to provide correct recommendations in problems where the agent believes himself asymmetrically fallible in executing his choices is no flaw of the theory, and (2) that causal decision theory gives incorrect recommendations in certain examples unless it is supplemented with an additional metatickle or ratifiability deliberation mechanism. In the first part of this paper, I argue that both positions are incorrect. In the second part of the (...) paper, I show how the agent's preferences involved in standard counterexamples to EDT, such as Newcomb's problem, violate the Jeffrey/Bolker preference axioms, specifically the Impartiality axiom. (shrink)

Ratifying Haeckel and contradicting Kant’s negative prophesy, in this paper I try to show that Darwin was, really, the Newton of the blade of grass. Darwin showed how the configurations according to goals of the living beings, could be explained from a naturalistic point of view, without having to postulate the existence of an intentional agent that had arranged or prearranged then. This achievement, nevertheless, was obtained by a way that Kant could not foresee and that Haeckel could not understand: (...) Darwin came there showing that there was more natural science than that Newton, Kant and Haeckel could conceive. (shrink)

Constitutivism argues that the source of the categorical force of the norms of rationality and morality lies in the constitutive features of agency. A systematic failure to be guided by these norms would amount to a loss or lack of agency. Since we cannot but be agents, we cannot but be unconditionally guided by these norms. The constitutivist strategy has been challenged by David Enoch. He argues that our participation in agency is optional and thus cannot be a source of (...) categorical demands. In this paper, I defend the viability of constitutivism by showing that agency is indeed a special ‘inescapable’ enterprise. Agency has the largest jurisdiction, and it is closed under rational assessment. This inescapability does not exempt constitutivism from raising the question whether agents have reason to be agents, but this question has to be taken up within agency. If this question is answered affirmatively, then—I argue—the criteria of practical correctness are self-ratifying in a non-circular way. This is sufficient to show the viability of the constitutivist strategy. Whether agents have conclusive reasons to be agents, however, is a matter to be addressed in the terms of particular versions of constitutivism. (shrink)

Andy Egan has recently produced a set of alleged counterexamples to causal decision theory in which agents are forced to decide among causally unratifiable options, thereby making choices they know they will regret. I show that, far from being counterexamples, CDT gets Egan's cases exactly right. Egan thinks otherwise because he has misapplied CDT by requiring agents to make binding choices before they have processed all available information about the causal consequences of their acts. I elucidate CDT in a way (...) that makes it clear where Egan goes wrong, and which explains why his examples pose no threat to the theory. My approach has similarities to a modification of CDT proposed by Frank Arntzenius, but it differs in the significance that it assigns to potential regrets. I maintain, contrary to Arntzenius, that an agent facing Egan's decisions can rationally choose actions that she knows she will later regret. All rationality demands of agents it that they maximize unconditional causal expected utility from an epistemic perspective that accurately reflects all the available evidence about what their acts are likely to cause. This yields correct answers even in outlandish cases in which one is sure to regret whatever one does. (shrink)

A doctrine of intelligent design through evolution is not going to find many friends. It is destined to encounter opposition on all sides. Among scientists the backlog of evolution will have little patience for intelligent design. Among religiousists, many who form intelligent design have their doubts about evolution. In the general public s mind there is a diametrical opposition between evolution and intelligent design: one excludes the other. This book will argue that this view of the matter is not correct, (...) and that in actuality one can regard evolution itself as a pathway to intelligent design. We would do well to go beyond The Origin of Species and taking as our guide such works as W. Wentworth Thomson s On Growth and Form acknowledging that evolutionary adaptation can result in solutions of a sort that intelligence could readily ratify. Accordingly, what the present book seeks is a naturalization of Intelligent Design that sees such design as itself the result of natural and evolutionary processes.". (shrink)

Introduction -- Foundationalism versus coherentism : a dichotomy disclaimed -- Foundationalism undermined -- Coherentism discomposed -- Foundherentism articulated -- The evidence of the senses : refutations and conjectures -- Naturalism disambiguated -- The evidence against reliabilism -- Revolutionary scientism subverted -- Vulgar pragmatism : an unedifying prospect -- Foundherentism ratified -- Selected essays -- "Know" is just a four-letter word -- Knowledge and propaganda : reflections of an old feminist -- "The ethics of belief" reconsidered -- Epistemology legalized : or, (...) truth, justice, and the American way. (shrink)

Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and CRC. This (...) article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law. (shrink)

Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. Call this (...) the ratification theory of uptake. Several philosophers have recently endorsed an alternative theory of uptake, according to which the hearer can determine the nature of the act the speaker performs. According to this theory, if the hearer regards an utterance as illocutionary act y, then it is act y, even if the speaker intended to perform act x. Call this the constitution theory of uptake. The purported advantage of this theory is that it identifies a common but underanalysed way in which speakers can be silenced. I argue that despite its initial intuitive pull, the constitution theory of uptake should be rejected. It is incompatible with ordinary intuitions about speech, it entails a conceptual impossibility, and it has unsavoury political implications, entailing that marginalised speakers barely qualify as agents. (shrink)

This book analyses the use of the crucial concept of 'taste' in the works of five major seventeenth-century French authors, Méré, Saint Evremond, La Rochefoucauld, La Bruyère and Boileau. It combines close readings of important texts with a thoroughgoing political analysis of seventeenth-century French society in terms of class and gender. Dr Moriarty shows that far from being timeless and universal, the term 'taste' is culture-specific, shifting according to the needs of a writer and his social group. The notion of (...) 'taste' not only helped to shape a new dominant culture, but also registered the conflicts within that culture between a view of taste that presupposted the values of 'polite society' as an exclusive (though not necessarily aristocratic) group, and a view that stressed the value of the classical-humanist tradition as a source of standards ratified by a broader public. this study sheds light not only on the central concept, but also on the individual authors discussed and on the norms of French classical literature in general. (shrink)

Practically every contemporary mainstream scientist presumes that all aspects of mind are generated by brain activity. We demonstrate the inadequacy of this picture by assembling evidence for a variety of empirical phenomena which it cannot explain. We further show that an alternative picture developed by F. W. H. Myers and William James successfully accommodates these phenomena, ratifies the common sense view of ourselves as causally effective conscious agents, and is fully compatible with contemporary physics and neuroscience.

Torture used to be incompatible with American values. Our Bill of Rights forbids cruel and unusual punishment, and that has come to include all forms of corporal punishment except prison and death by methods purported to be painless. Americans and our government have historically condemned states that torture; we have granted asylum or refuge to those who fear it. The Senate ratified the Convention Against Torture, Congress enacted antitorture legislation, and judicial opinions spoke of "the dastardly and totally inhuman act (...) of torture.” Then came September 11. (shrink)

International treaties, conventions and declarations have been developed in an attempt to establish a world in which people s basic rights and needs are provided for. An increasing number of states have ratified and incorporated them into their national legislations. But are such norms and values truly universal? And with states no longer being the only actors that shape global developments, what can be said about the role of social contracts between state and society for shaping the agenda of international (...) cooperation? And how do these social contracts develop in heterogeneous societies? If people themselves are the main drivers behind development, what does this imply for foreign aid?These and other questions are addressed in "Global Values in a Changing World," the 2010-2011 lecture series organized by the Netherlands Chapter of the Society for International Development. This volume combines views and recommendations by international experts, academics, and activists, and analyzes the connection between internationally agreed norms, standards, goals, and common goods, and the way they can be realized in a world that is both globalized and localized.". (shrink)

Seeking a decision theory that can handle both the Newcomb problems that challenge evidential decision theory and the unstable problems that challenge causal decision theory, some philosophers recently have turned to ‘graded ratifiability’. However, the graded ratifiability approach to decision theory is, despite its virtues, unsatisfactory; for it conflicts with the platitude that it is always rationally permissible for an agent to knowingly choose their best option.

In this paper, I motivate a puzzle about epistemic rationality. On the one hand, there seems to be something problematic about frequently changing your mind. On the other hand, changing your mind once is often permissible. Why do one-off changes of mind seem rationally permissible, even admirable, while constant changes seem quintessentially irrational? The puzzle of fickleness is to explain this asymmetry. To solve the puzzle, I propose and defend the Ratifiable Reasoning Account. According to this solution, as agents redeliberate, (...) they gain two types of evidence. First, they gain inductive evidence that they will not stably settle their belief. Second, this inductive evidence affords higher-order evidence that they are unreliable at assessing the matter at hand. The fact that fickle agents gain this higher-order evidence explains why fickleness can be epistemically—not just practically—irrational. In addition to solving the puzzle, my account captures a wide range of contextual factors that are relevant for our judgments. (shrink)

Summary‘Among the fine arts, I clearly see something to say only about architecture, sculpture, painting. As for music, dance […], I see nothing’. Tocqueville's observation in the Rubish for the second volume of Democracy in America is not only startling, but theoretically important: it ratifies the liberal (and nowadays oft-assumed) separation between musical life and political constitution. This, however, should give us cause to wonder. While in America, Tocqueville and Beaumont had multiple occasions to hear music in public festivals and (...) private spaces. Though other European and highbrow observers also declared American music to be ‘in its infancy’, music nonetheless played a significant part in antebellum social and political life. Nor was Tocqueville insensitive to sound in his relation to others. Indeed, Tocqueville perhaps saw in the demise of music as the art of ‘making harmony’ a symptom of the democratic era. However, like Montesquieu, Tocqueville refused to consider music a constitutive principle of democratic regimes—including in the context of Ancient Greek political theory. In doing so, Tocqueville sharply dissociated himself from republican political theory, but failed to raise the question of music's contribution to the culture and exercise of freedom in the modern era. (shrink)

Human immunodeficiency viruses (HIV) and acquired immunodeficiency syndrome (AIDS), COVID-19 and Ebola have exposed the magnitude of care-related tasks on women. Most often, because of the gendered nature of domestic and reproductive roles, women are expected to assume unpaid care-related, nurturing and domestic work. Despite the valuable duties, women are economically poor and othered. These unpaid care duties are exacerbated by pandemics and ratified even further by religion. For instance, in Nomiya Church (NC), the first African independent church in Kenya, (...) women’s experience narratives and biblical texts such as the story of the Proverbs 31 virtuous woman are used to glorify unpaid charitable work for women. Women’s virtuous personality, hard work and character are upheld in Christian spaces, thus obstructing sound work theologies. This article employed African Women’s theological lens in view of pointing out repressing and transformative tenets in charitable theologies of work for social and gender justice. While applying womanhood hermeneutics in the passage, the article points to valued behavioural postures of hard work in responding to God’s stewardship mandate. An affirmation of fair reward and accumulation of property is embraced as a familial complementary role, especially in pandemic contexts. The article amplifies the accumulation of property as a human right and the mandate of stewardship for all earth communities. Hence, charity work is a stewardship framework that all earth communities must engage in for replenishment and sustenance for all.Contribution: The article challenges literal biblical interpretations that glorify charity work. It advances a stewardship framework in understanding unpaid and charity work that all earth communities must engage in to replenish and sustain all creation. The framework affirms the dignity of all human persons through a transformational understanding of the theology of work as enabled by the African theological hermeneutics. (shrink)

Together with Plato's Republic, Jean-Jacques Rousseau's Social Contact is regarded as one of the most original examples of Utopian political engineering in the history of ideas. Similar to the Republic, Rousseau's Social Contract is better known today for its author's idiosyncratic view of political justice than its lessons on law-making or governance in any concrete sense. Challenging this common view, Rousseau, Law and the Sovereignty of the People examines the Genevan's contribution as a constitutionalist and builder of institutions, relating his (...) major ideas to issues and debates in twenty-first century political science. Ethan Putterman explores how Rousseau's just state would actually operate, investigating how laws would be drafted, ratified and executed, arguing that the theory of the Social Contract is more pragmatic and populist than many scholars assume today"--Provided by publisher. (shrink)

In his book Truth and Justification Habermas replaces his long-held discourse-theoretic conception of truth with what he calls a pragmatic theory of truth. Instead of taking truth to originate in the communicative interactions between subjects, this new theory ties truth to the action contexts of the lifeworld, contexts where the existence of the world is ratified in practice. This, Habermas argues, overcomes the relativism and contextualism endemic to the linguistic turn. This article has two goals: (1) to chart in detail (...) how Habermas’ new theory of truth overcomes relativism and contextualism; and (2) to argue for the thesis that Habermas’ specific way of meeting this objective is flawed insofar as he resists relativism and contextualism by yoking truth to a concept of objectivity that is not consistent with the larger pragmatic transformation of his thought. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

The author explains how Rand was absolutely correct in saying that Aristotle “stated the formula” of the Law of Identity. He corrects long-standing faulty Thomist criticisms on this issue and gives due credit to thinkers such as Antonius Andreas, Leibniz, and William Hamilton. The author further contends that the gradual shift in Objectivist usage of the Law of Identity tacitly ratifies these erroneous criticisms and has actually contributed to the failure of Objectivist thinkers to develop Rand's concept theory into a (...) valid model of propositions and syllogisms. (shrink)

“[A]ny truly neutral state,” writes George Sher in this important and timely new book, “must needlessly cut its citizens off from important goods”. For that reason, he argues, liberal neutrality, the view that government must remain neutral between competing conceptions of the good life, is indefensible. There is, moreover, a uniquely best, rationally defensible conception of the good life—not a subjective view that insists that all value depends on satisfying actual or hypothetical desires, but an objective view that recognizes that (...) some value depends on the realization of certain broad capacities that humans share. However, this objective or perfectionist view, as Sher calls it, is not communitarian, since it rejects the idea that society’s history or conventions must ratify its values or that civic participation or engagement in common projects must be among its recommendations. It is a liberal perfectionism, since it requires procedural and substantive liberal rights and recognizes that there are many different ways of realizing the human capacities whose exercise generates value. Hence, although government may legitimately promote the good, “the ability to promote the good is not all-or-nothing”. (shrink)

The proper treatment of correlation in evolutionary game theory has unexpected connections with recent philosophical discussions of the theory of rational decision. The Logic of Decision (Jeffrey 1983) provides the correct framework for correlated evolutionary game theory and a variant of "ratifiability" is the appropriate generalization of "evolutionarily stable strategy". The resulting theory unifies the treatment of correlation due to kin, population viscosity, detection, signaling, reciprocal altruism, and behavior-dependent contexts. It is shown that (1) a strictly dominated strategy may (...) be selected, and (2) under conditions of perfect correlation a strictly efficient strategy must be selected. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: The Negotiable and the Non-NegotiableRobert Baker (bio)AbstractThe preceding article in this issue of the Kennedy Institute of Ethics Journal presents the argument that “moral fundamentalism,” the position that international bioethics rests on “basic” or “fundamental” moral principles that are universally accepted in all eras and cultures, collapses under a variety of multicultural and postmodern critiques. The present article looks to the contractarian tradition of (...) Hobbes and Locke—as reinterpreted by David Gauthier, Robert Nozick, and John Rawls—for an alternative justification for international bioethics. Drawing on the central themes of this tradition, it is argued that international bioethics can be rationally reconstructed as a negotiated moral order that respects culturally and individually defined areas of nonnegotiability. Further, the theory of a negotiated moral order is consistent with traditional ideals about human rights, is flexible enough to absorb the genuine insights of multiculturalism and postmodernism, and yet is strong enough to justify transcultural and transtemporal moral judgments, including the condemnation of the Nazi doctors at Nuremberg. This theory also is consistent with the history of the ethics of human subjects experimentation and offers insights into current controversies such as the controversy over changing the consent rule for experiments in emergency medicine and the controversy over exempting certain clinical trials of inexpensive treatments for preventing the perinatal transmission of AIDS from the ethical standards of the sponsoring country.The Preamble to the Council of Europe’s (1997) Convention on Human Rights and Biomedicine, the most recently ratified code of international bioethics, is noteworthy because it never mentions “principles,” the concept most frequently cited by the fundamentalists as basic to international bioethics. Instead it stresses rights, a concept that has been utterly ignored by the fundamentalist theorists of international bioethics. The Preamble exemplifies a conception of international [End Page 233] bioethics as an ethics of covenants and conventions grounded in human rights. In the full text of the Preamble, the term “rights” appears eight times and the expressions “convention” and “covenant” are used six times; the term “principle” does not appear at all. In this essay, I develop a theoretical framework for international bioethics based on conventions, covenants, and areas of “nonnegotiability”—a concept that serves as a functional analogue to the traditional notion of “human rights.” I also shall argue that, unlike the theory of basic principles central to moral fundamentalism, the theory of negotiated morality appears immune to the multicultural and postmodern critiques of international bioethics that were analyzed in the preceding article in this issue of the Kennedy Institute of Ethics Journal (Baker 1998).Negotiated Moral Order: A Model for International BioethicsReconsidering ContractarianismThe linkage of “conventions” and “covenants” with human rights that is evident in the Council of Europe’s Convention on Human Rights and Biomedicine traces back directly to the moral and political theories of Thomas Hobbes and John Locke. Such philosophers as David Gauthier (1986), Robert Nozick (1974), and John Rawls (1971, 1993) recently have reinvigorated this classic contractarian line of analysis. In this section, I shall reconsider classical contractarian theory from a perspective informed by these more recent analyses.The most riveting feature of all forms of contractarian theory is the metaphor of the contract itself, particularly the legitimating role it accords to assent. Because contractarians look to the assent of those who would be bound by a moral norm as ultimately the sole source of a norm’s legitimacy, the most important corollary of contractarian moral theory is that moral norms are illegitimate insofar as agents either in principle could not, hypothetically would not, or actually will not rationally assent to be bound by them. Contractarians also argue that because legal norms are legitimated by acceptance of the authority of those who promulgate them, the authority of such norms is bounded by the actual or hypothetical assent of the governed. These features of contractarian analysis generate the correlative concepts of human rights and civil rights.Less often remarked, but nonetheless integral to the metaphor of the social contract, is the contractarian recognition that the interests of the [End Page 234] parties who contract to form civil society are naturally in conflict (or, as Hobbes put... (shrink)

Under the terms of the UN Convention on the Rights of the Child, which Australia has ratified, children have a right to know who their genetic parents are. As a result, we have a duty to establish these facts and to make this information available for children to access should they wish to know. Introducing mandatory DNA testing of newborns and their alleged genetic parents is one viable option to ensure that this information is available for children to access. Indeed, (...) it may be the only viable option to address childrens' right to the fulfilment of Article 7 of the CRC. There are a number of benefits to obtaining this benefit for children. For one, mandatory DNA testing could solve all disputed paternity cases and finalise them early in the lives of children, thus making life more financially secure for those children in the long term. This could reduce or eliminate the need for fathers to secretly carry out DNA tests in order to disestablish paternity. The large number of benefits gained from identifying genetic parents for children and the small possible risks that they may suffer when this information is withheld give us good reasons to support mandatory DNA testing. (shrink)

Crop genetic resources constitute a ‘new’ global commons, characterized by multiple layers of activities of farmers, genebanks, public and private research and development organizations, and regulatory agencies operating from local to global levels. This paper presents sui generis biocultural community protocols that were developed by four communities in Benin and Madagascar to improve their ability to contribute to, and benefit from, the crop commons. The communities were motivated in part by the fact that their national governments’ had recently ratified the (...) Plant Treaty and the Nagoya Protocol, which make commitments to promoting the rights of indigenous peoples, local communities and farmers, without being prescriptive as to how Contracting Parties should implement those commitments. The communities identified the protocols as useful means to advance their interests and/or rights under both the Plant Treaty and the Nagoya Protocol to be recognized as managers of local socio-ecological systems, to access genetic resources from outside the communities, and to control others’ access to resources managed by the community. (shrink)

In this paper, I argue that the asymmetrical mediated communication of the broad democratic public sphere can profitably be understood through the lens of deliberative democracy only if we adopt a system approach to deliberation. A system approach, however, often introduces a division of labor between ordinary citizens and experts. Although this division of labor is unavoidable and I believe compatible with a deliberative principle of legitimacy, it flirts with elitist theories of democracy: epistemic elites come up with the agendas, (...) ideas, and policy positions and democratic publics ratify or repudiate the agendas but do not generate or really engage with them. This I argue would violate an essential defining feature of deliberative democracy, namely that epistemic quality and equal participation are tightly linked. I turn to Habermas and his idea of a feedback loop as a possible solution to this dilemma. (shrink)

La question animale se pose à notre siècle dans un contexte de déconstruction qui cependant côtoie la perduration d’une discrimination ontologique de l’animal, l’homme exerçant sur celui-ci une domination que les lois ratifient. Or l’éclairage que peut apporter la pensée de Plotin, nous suggère un nouveau paradigme capable de libérer la différence animale : en suspendant l’éthique à l’ontologie, Plotin propose à l’homme de « laisser-être » l’animal, en tant que désinence du vivant dont il lui importe d’assurer la sauvegarde.

Mineral species are, at first glance, an excellent candidate for an ideal set of natural kinds somewhere beyond the periodic table. Mineralogists have a detailed set of rules and formal procedure for ratifying new species, and minerals are a less messy subject matter than biological species, psychological disorders, or even chemicals more broadly—all areas of taxonomy where the status of species as natural kinds has been disputed. After explaining how philosophers have tended to get mineralogy wrong in discussions of natural (...) kinds, I show how minerals species don’t behave like natural kinds. They are defined on the basis of human intentionality, not merely natural distinctions. They aren’t ideal grounds for inductive inference. And they don’t form a system that divides nature along a set of equivalent joints. While this is a regrettable outcome to those of us who like the idea of science relying on natural kinds, I contend that mineralogy is doing just fine without a natural kind-based taxonomy, and may in fact be better off without one. (shrink)

Causal decision theory produces decision instability in cases such as Death in Damascus where a decision itself provides evidence concerning the utility of options. Several authors have proposed ways of handling this instability. William Harper (1985 and 1986) advances one of the most elegant proposals. He recommends maximizing causal expected utility among the options that are causally ratifiable. Unfortunately, Harper's proposal imposes certain restrictions; for instance, the restriction that mixed strategies are freely available. To obtain a completely general method of (...) handling decision instability, I step outside the confines of pure causal decision theory. I introduce a new kind of backtracking expected utility and propose maximizing it among the options that are causally ratifiable. In other words, I propose a hierarchical maximization of (1) conditional causal expected utility and (2) the new backtracking expected utility. I support this proposal with some intuitive considerations concerning the distinction between optimality and conditional optimality. And I prove that the proposal yields a solution in every finite decision problem. (shrink)

Contractualism conceives of firm-stakeholder relations as cooperative schemes for mutual benefit. In essence, contractualism holds that these schemes, as well as the normative principles that guide and constrain them, are ultimately ratified by the consent and endorsement of those subject to them. This paper explores the empirical validity of a contractualist perspective on firm-stakeholder relations. It first develops a typology of firm-stakeholder contracting problems. It subsequently confronts this typology with empirical data collected in an interview study of concrete stakeholder management (...) practices, involving in-depth research interviews with forty-four managers working in the Dutch financial services industry. The findings of this theory-building study suggest that there are limits to the applicability of the contract model in the context of stakeholder management, and that disregarding either the model or its limitations may lead to highly ineffective firm-stakeholder relations. (shrink)

ABSTRACT Belgium legalised voluntary euthanasia in 2002, thus ending the long isolation of the Netherlands as the only country in which doctors could openly give lethal injections to patients who have requested help in dying. Meanwhile in Oregon, in the United States, doctors may prescribe drugs for terminally ill patients, who can use them to end their life – if they are able to swallow and digest them. But despite President Bush's oft‐repeated statements that his philosophy is to ‘trust individuals (...) to make the right decisions’ and his opposition to ‘distant bureaucracies’, his administration is doing its best to prevent Oregonians acting in accordance with a law that its voters have twice ratified. The situation regarding voluntary euthanasia around the world is therefore very much in flux. This essay reviews ethical arguments regarding voluntary euthanasia and physician‐assisted suicide from a utilitarian perspective. I shall begin by asking why it is normally wrong to kill an innocent person, and whether these reasons apply to aiding a person who, when rational and competent, asks to be killed or given the means to commit suicide. Then I shall consider more specific utilitarian arguments for and against permitting voluntary euthanasia. (shrink)

Dynamic doxastic logic (DDL) is used in connexion with theories of belief revision. Here we try to show that languages of DDL are suitable also for discussing aspects of default logic. One ingredient of our analysis is a concept of coherence-as-ratifiability.

This essay examines the function of the concept of human dignity (both as an inherent feature of human existence and as an ideal achievement) in the United Nations's 1948 Universal Declaration of Human Rights. It explains why the key framers of the document affirmed an inherent human dignity in order to provide an explanatory basis for the validity of universal human rights while eschewing any religious or metaphysical justification for this affirmation. It argues that the key framers, while aware of (...) the Christian anthropology informing the modern Western concept of the dignity of the person, grasped (1) that the Declaration, to be ratifiable, would need to be free of religious reference, and also (2) that the notion of inherency suffices to suggest heuristically not only a universal human nature but also, crucially, a transcendent reality in which all persons participate. (shrink)

We argue that a Bayesian explanation of strategic choices in games requires introducing a psychological theory of belief formation. We highlight that beliefs in epistemic game theory are derived from the actual choice of the players, and cannot therefore explain why Bayesian rational players should play the strategy they actually chose. We introduce the players’ capacity of mindreading in a game theoretical framework with the simulation theory, and characterise the beliefs that Bayes rational players could endogenously form in games. We (...) show in particular that those beliefs need not be ratifiable, and therefore that rational players can form action-dependent beliefs. (shrink)

Summary Since its definition at the council of Nicea the date of Easter had been calculated on a cyclical basis. The Easter formula publicized by C. F. Gauss in 1800 has neither achieved recognition with the chronologists nor with the officials of the papal curia, responsible for the fixing of Easter. In the paper being presented here the elements of medieval computus are transformed on an arithmetical basis and from this a formula for the fixing of Easter is developed. With (...) the help of these two components it is possible to calculate the Julian as well as the Gregorian dates of Easter and, in addition the calendar of any given year. The formula for the date of Easter being submitted here can be traced back exclusively to the elements of the medieval computus and can be ratified by the chronologists. Thus it renders possible the fixing of every Easter date with the help of a pocket calculator or the use of two small tables. This demonstrates that the history of methodology contains tools in order to develop a ‘new’ solution of a systematical problem. (shrink)

Despite its long history of refugee crises, Asia lacks effective refugee protection mechanisms. Most Asian states resist ratification of the international refugee laws, and many international organizations are ineffective and lack concrete legal and political approaches to protecting refugees. Asian civil society, particularly Asia Pacific Refugee Rights Network, collaborates to protect refugees by employing alternative frameworks. This paper argues that Asian civil society aims to challenge the nature of refugee protection in Asia. Instead of encouraging states to ratify the 1951 (...) Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees, APRRN stimulates national-level implementation of refugee protection principles and practices from below. It engages its members in global decision-making by mobilizing and sharing resources with them. APRRN frames refugee protection as international human rights issue instead of as a national security concern. (shrink)

Background 300 million operations and procedures are performed annually across the world, all of which require a patient’s informed consent. No standardised measure of the consent process exists in current clinical practice. We aimed to define a core outcome set for informed consent for therapy. Methods The core outcome set was developed in accordance with a predefined research protocol and the Core OutcoMes in Effectiveness Trials methodology comprising systematic review, qualitative semi structured interviews, a modified Delphi process and consensus webinars (...) to ratify outcomes for inclusion in the final core outcome set.. Participants from all key stakeholder groups took part in the process, including patients and the public, healthcare practitioners and consent researchers. Results 36 outcome domains were synthesised through systematic review and organised into a consent taxonomy. 41 semi-structured interviews were performed with all consent stakeholders groups. 164 participants from all stakeholder groups across 8 countries completed Delphi Round 1 and 125 completed Round 2. 11 outcomes met the ‘consensus in’ criteria. 6 met ‘consensus in’ all stakeholder groups and were included directly in the final core outcome set. 5 remaining outcomes meeting ‘consensus in’ were ratified over two consensus webinars. 9 core outcomes were included in the final core outcome set: Satisfaction with the quality and amount of information, Patient feeling that there was a choice, Patient feeling that the decision to consent was their own, Confidence in the decision made, Satisfaction with communication, Trust in the clinician, Patient satisfaction with the consent process, Patient rated adequacy of time and opportunity to ask questions. Conclusion This international mixed-methods qualitative study is the first of its kind to define a core outcome set for informed consent for intervention. It defines what outcomes are of importance to key stakeholders in the consent process and is a forward step towards standardising future consent research. (shrink)