Les perspectives ouvertes par le big data et la justice prédictive ont été largement commentés par les économistes du droit. L’article revient sur la manière dont on peut appréhender ces évolutions économiques et technologiques en montrant comment la possibilité de disposer d’informations plus précises sur le droit à venir renouvelle les problématiques classiques de l’économie du droit. Après une brève description économique de ces innovations techniques, on revient sur la possible automatisation et individualisation de l’application des règles de droit pour (...) en saisir les implications en termes d’efficacité économique du droit. Enfin, on traite de l’automatisation des jugements et du travail du juge en croisant cette question avec celle, bien connue en économie du droit, des biais de jugements et des biais cognitifs. (shrink)

The medical profession contains five “spheres of morality”: clinical care, clinical research, scientific knowledge, population health, and the market. These distinct sets of normative commitments require physicians to act in different ways depending on the ends of the activity in question. For example, a physician-scientist emphasizes patients’ well-being in clinic, prioritizes the scientific method in lab, and seeks to maximize shareholder returns as a board member of a pharmaceutical firm. Physicians increasingly occupy multiple roles in healthcare and move between them (...) frequently, creating the possibility of conflict between the ethical obligations of their various roles. This paper examines the entire moral landscape of medicine through the lens of role morality. It develops a novel framework that helps physicians recognize how their moral commitments depend on the nature and context of the situation, clarifies ethical conflicts that physicians face, and concludes with ideas for resolving these conflicts. (shrink)

Music comprises a diverse category of cognitive phenomena that likely represent both the effects of psychological adaptations that are specific to music (e.g., rhythmic entrainment) and the effects of adaptations for non-musical functions (e.g., auditory scene analysis). How did music evolve? Here, we show that prevailing views on the evolution of music – that music is a byproduct of other evolved faculties, evolved for social bonding, or evolved to signal mate quality – are incomplete or wrong. We argue instead that (...) music evolved as a credible signal in at least two contexts: coalitional interactions and infant care. Specifically, we propose that (1) the production and reception of coordinated, entrained rhythmic displays is a co-evolved system for credibly signaling coalition strength, size, and coordination ability; and (2) the production and reception of infant-directed song is a co-evolved system for credibly signaling parental attention to secondarily altricial infants. These proposals, supported by interdisciplinary evidence, suggest that basic features of music, such as melody and rhythm, result from adaptations in the proper domain of human music. The adaptations provide a foundation for the cultural evolution of music in its actual domain, yielding the diversity of musical forms and musical behaviors found worldwide. (shrink)

Mathematician and philosopher Hermann Weyl had our subject dead to rights.

The clock hypothesis of relativity theory equates the proper time experienced by a point particle along a timelike curve with the length of that curve as determined by the metric. Is it possible to prove that particular types of clocks satisfy the clock hypothesis, thus genuinely measure proper time, at least approximately? Because most real clocks would be enormously complicated to study in this connection, focusing attention on an idealized light clock is attractive. The present paper extends and generalized partial (...) results along these lines with a theorem showing that, for any timelike curve in any spacetime, there is a light clock that measures the curve’s length as accurately and regularly as one wishes. (shrink)

In the Formula of Humanity, Kant embraces the principle that it is wrong for us to treat others merely as means. For contemporary Kantian ethicists, this Mere Means Principle plays the role of a moral constraint: it limits what we may do, even in the service of promoting the overall good. But substantive interpretations of the principle generate implausible results in relatively ordinary cases. On one interpretation, for example, you treat your opponent in a tennis tournament merely as a means (...) and thus wrongly when you try, through defeating him, to win first place. The article aims to develop a reconstruction of the Mere Means Principle that has more plausible implications than do rival reconstructions. It sets out a sufficient condition for an agent's treating another merely as a means. This condition is intended to be Kantian, but not necessarily one that Kant endorses. (shrink)

Pascal’s wager has to face the many gods objection. The wager goes wrong when it asks us to chose between Christianity and atheism, as if there are no other options. Some have argued that we’re entitled to dismiss exotic, bizarre, or subjectively unappealing religions from the scope of the wager. But they have provided no satisfying justification for such a radical wager-saving dispensation. This paper fills that dialectical gap. It argues that some agents are blameless or even praiseworthy for ignoring (...) all but one religion as they face the wager. The argument leads us to multiple Pascals: a Jewish one, a Christian one, a Muslim one, and more. (shrink)

Over the past decade, Jacques Rancière’s writings have increasingly provoked and inspired political theorists who wish to avoid both the abstraction of so-called normative theories and the philosophical platitudes of so-called postmodernism. Rancière offers a new and unique definition of politics, la politique, as that which opposes, thwarts and interrupts what Rancière calls the police order, la police — a term that encapsulates most of what we normally think of as politics (the actions of bureaucracies, parliaments, and courts). Interpreters have (...) been tempted to read Rancière as proffering a formally pure conception of politics, wherein politics is ultimately separate from and in utter opposition to all police orders. Here I provide a different account of Rancière’s thinking of politics: for Rancière politics goes on within police orders and for this reason he strongly rejects the very idea of a pure politics. Politics is precisely that which could never be pure; politics is an act of impurity, a process that resists purification. In carefully delineating the politique—police relation I show that the terms of Rancière’s political writings are multiple and multiplied. Rancière consistently undermines any effort to render politics pure, and therein lies his potential contribution to contemporary political theory. (shrink)

This paper is an attempt to lay out a meta‐ethical position that is inspired by the framework of Wittgenstein's later philosophy. To achieve this goal, this paper is divided into two parts. First, I explore recent attempts to tie Wittgenstein's epistemology in On Certainty to moral epistemology. I argue that there can be a meaningful parallel drawn between the epistemic certainties discussed in On Certainty and what I consider to be moral certainties. These moral certainties are unjustified fundamental moral attitudes (...) that underlie our moral practices. Then, I show how the debate over moral certainty has branched into two directions. One direction presents the concept of moral certainty as a naturalistic concept. On this reading, moral certainties transcend time and place since they are rooted in our natural tendencies to act or not act in certain ways. The other direction presents moral certainty as a distinctly relativistic concept. On this reading, we have our moral certainties because we belong to communities that agree on these certainties. In the second section, I argue that we have both natural, universal certainties and localized, relative certainties. I also argue that our localized certainties are constrained by non‐moral facts about ourselves and about the world. To make this argument, I rely on Wittgenstein's concept of “general facts of nature.” The result of the paper is a meta‐ethical position that can be located in between moral relativism and moral realism. (shrink)

The exchange between the philosopher Pierre Maine de Biran and the psychiatrist Antoine-Athanase Royer-Collard has been read either as an exemplary case of the influence of philosophy on medicine o...

End-of-life decision making is fraught with ethical challenges. Withholding or withdrawing life support therapy is widely considered ethical in patients with high treatment burden, poor premorbid status, or significant projected disability even when such treatment is not ?futile.? Whether such withdrawal of therapy in the aftermath of attempted suicide is ethical is not well established in the literature. We provide a clinical vignette and propose criteria under which such withdrawal would be ethical. We suggest that it is appropriate to withdraw (...) life support, regardless of the cause of the critical illness or disability, when the following criteria are met: (1) Surrogates request withdrawal of care and the adequacy of surrogates is confirmed, (2) an external reasonability standard is met, (3) passage of time, perhaps 72 hours, to allow certainty regarding the patient's wishes, and (4) psychiatric morbidity should be considered as grounds for withdrawal only in truly treatment-refractory cases. Fundamentally, we believe the question to ask is, ?If this were not an attempted suicide, would a request to withdraw care be reasonable?? We believe that under these circumstances, such withdrawal of life support, even in an individual who has attempted suicide, does not constitute physician assistance with suicide and is distinct from physician aid-in-dying in several important respects. (shrink)

Opponents of commerce in organs sometimes appeal to Kant’s Formula of Humanity to justify their position. Kant implies that anyone who sells an integral part of his body violates this principle and thereby acts wrongly. Although appeals to Kant’s Formula are apt, they are less helpful than they might be because they invoke the necessity of respecting the dignity of ends in themselves without specifying in detail what dignity is or what it means to respect it, and they cite the (...) wrongness of an agent’s treating another merely as a means without clarifying conditions under which this occurs. This paper crystallizes two different approaches to the Formula of Humanity and probes when, according to them, the principle would imply that it is wrong to engage in “live donor” transactions, in which someone chooses to undergo a kidney extraction in exchange for money. (shrink)

In this article, I explore how the ideas of French philosopher Emmanuel Levinas offer insights into a debate often held today in the field of corporate governance, concerning the relative merits of statutory and voluntary approaches to the regulation of business. The philosophical position outlined by Levinas questions whether any rule-based systematisation of ethical responsibility, either statutory or voluntary, can ever equate to a genuine responsibility for the other person. I reflect on how various authors have adapted Levinas’s philosophy to (...) form a critique of bureaucracy and rule following in business, and the lack of ethical authenticity in corporate codes. However, this article also considers the question of whether a theoretical separation can be made between an ethical responsibility based on sensibility (as is suggested by Levinas) and a rational conceptualisation of how one is required to act. Considering the difficulty of disentangling these notions of ethics, I return to the problem of corporate governance and suggest an approach to stakeholder conflict based on mediation and dialogue, which rules out neither principles of conduct nor an openness of responsibility to the Other. (shrink)

The writer commences:—“There was a time, when the earth was to all appearance utterly destitute both of animal and vegetable life, and when according to the opinion of our best philosophers it was simply a hot round ball with a crust gradually cooling. Now if a human being had existed while the earth was in this state and had been allowed to see it as though it were some other world with which he had no concern, and if at the (...) same time he were entirely ignorant of all physical science, would he not have pronounced it impossible that creatures possessed of anything like consciousness should be evolved from the seeming cinder which he was beholding? Would he not have denied that it contained any potentiality of consciousness? Yet in the course of time consciousness came. Is it not possible then that there may be even yet new channels dug out for consciousness, though we can detect no signs of them at present? (shrink)

Much contemporary metaphysics, moved by an apparent necessity to take reality to consist of given beings and properties, presents us with what appear to be deep problems requiring radical changes in the common sense conception of persons and the world. Contemporary meta-ethics ignores questions about logical form and formulates questions in ways that make the possibility of correct value judgments mysterious. In this book, Wheeler argues that given a Davidsonian understanding of truth, predication, and interpretation, and given a relativised version (...) of Aristotelian essentialism compatible with Davidson’s basic thinking, many metaphysical problems are not very deep. Likewise, many philosophers' claims that common sense needs to be modified are unfounded. He argues further that a proper consideration of questions of logical form clarifies and illuminates meta-ethical questions. Although the analyses and arguments he gives are often at odds with those at which Davidson arrived, they apply the central Davidsonian insights about semantics, understanding, and interpretation. (shrink)

Michael Rosen’s The Shadow of God includes an account of historical theodicy, which is the idea that the arc of history justifies the ways of God. Formulated by the German Idealists, its American expositors influenced the ideas of the nineteenth-century American theologian and activist Theodore Parker. As the orginator of the phrases “arc of history” and “government of the people, by the people, and for the people,” Parker’s influence extends to presidents and Supreme Court justices, demonstrating the long and influential (...) afterlife of the German philosophical discourses that Rosen explores. But examining this afterlife also challenges the assumption that we can discern the arc of history without the monotheistic presuppositions present in Parker. (shrink)

Miller, Truog, and Brock have recently argued that the “dead donor rule,” the requirement that donors be determined to be dead before vital organs are procured for transplantation, cannot withstand ethical scrutiny. In their view, the dead donor rule is inconsistent with existing life-saving practices of organ transplantation, lacks a cogent ethical rationale, and is not necessary for maintenance of public trust in organ transplantation. In this paper, the second of these claims will be evaluated. (The first and third are (...) not addressed.) The claim that the dead donor rule lacks a cogent ethical rationale will be shown to be an expression of the contemporary rejection of the moral significance of the traditional distinction between killing and allowing to die. The moral significance of this traditional distinction, and the associated norm that doctors should not kill their patients, will be defended, and this critique of it shown to be unsuccessful. (shrink)

I argue that high level causal relationships are often more fundamental than low level causal relationships. My argument is based on some general principles governing when one causal relationship will metaphysically ground another—a phenomenon I term derivative causation. These principles are in turn based partly on our intuitive judgments concerning derivative causation in a series of representative examples, and partly on some powerful theoretical considerations in their favour. I show how these principles entail that low level causation can derive from (...) high level causation, and in particular that neural causation can derive from mental causation. I then draw out several important consequences of this result. Most immediate among these are the implications the result has for aspirations to reduce high level causation to its low level counterpart. But the result also bears on the possibility of downward causation, the relationship between counterfactuals and causation, and the idea—familiar from both the literature on the exclusion problem and the literature on proportionality constraints on causation—that causal relationships at different levels compete for their existence. (shrink)

Recently there has been a growing literature on the concept of moral certainty. This concept, which is inspired by Wittgenstein’s reflections in On Certainty, is most prominently argued for by Nigel Pleasants. Pleasants contends that there is a meaningful parallel to be drawn between the epistemic certainties discussed by Wittgenstein and moral certainties. These moral certainties are unreflective, non-propositional, and show in the ways that we act. In addition, these certainties cannot be doubted by a reasonable moral agent. In a (...) recently published article, Fairhurst is critical of Pleasants’ account. Fairhurst argues that there are problems with Pleasants’ example of a moral certainty, 'it is wrong to kill innocent non-threatening people'. Fairhurst appeals to euthanasia as an example of when a reasonable person could meaningfully doubt that it is wrong to kill innocent, non-threatening people. If this is a certainty, then a doubt such as this should not be possible. In addition, he argues that Pleasants’ claim that moral certainties are natural is not well substantiated. In this article, I attempt to defend an account of moral certainty against Fairhurst’s criticisms. I divide his criticisms into two parts. His first set of criticisms deal with Pleasants’ example of a moral certainty. I argue that some of his criticisms are inconsistent while others can be addressed by making a small amendment to Pleasants’ account. His second criticism deals with Pleasants’ claim that moral certainties are natural. In order to address this criticism, I appeal to Machery’s Nomological Account of human nature and use it as a basis that allows us to consistently make the claim that there are natural moral certainties. (shrink)

the Tracturus" (forthcoming), and H. O. Mounce, "Philosophy, Solipsism and Thought", The Philosophical Quarterly 47, 186, January 1997, pp. I — 18, esp. pp. 11 — 12. Here Wittgenstein's early and late philosophy have important points of convergence. In my view, however, arriving at the world in the Tractarian way by following out the implications of solipsism retains a danger of distorting our relation to the world, specifically our role as..

The Voluntary Simplicity Movement can be understood broadly as a diverse social movement made up of people who are resisting high consumption lifestyles and who are seeking, in various ways, a lower consumption but higher quality of life alternative. The central argument of this paper is that the Voluntary Simplicity Movement or something like it will almost certainly need to expand, organise, radicalise and politicise, if anything resembling a degrowth society is to emerge in law through democratic processes. In a (...) sentence, that is the 'grass-roots' or 'bottom up' theory of legal and political transformation that will be expounded and defended in this paper. The essential reasoning here is that legal, political and economic structures will never reflect a post-growth ethics of macro-economic sufficiency until a post-consumerist ethics of micro-economic sufficiency is embraced and mainstreamed at the cultural level. (shrink)

As G. A. Cohen’s camping trip argument shows, community is an important value. But is there anything particularly socialist about it? Critics suggest not. Jason Brennan argues that we don’t need socialist institutions to secure community; capitalist ones will do just fine. Louis-Philippe Hodgson argues, in a similar spirit, that we don’t need explicitly socialist principles to secure community; standard-issue liberal egalitarian ones (like Rawls’s) suffice. But these critics are mistaken. Pace Brennan, I show that capitalism inevitably runs roughshod over (...) community. Pace Hodgson, I show that Rawls’s justice as fairness cannot, absent explicitly socialist supplementation, adequately protect community. In sum, I show that advocates of community must also, and for that reason, be advocates for distinctively socialist principles and institutions. Or, in a slogan: no community without socialism. (shrink)

The title of this book echoes a phrase used by the Washington Post to describethe American attempt to kill Saddam Hussein at the start of the war againstIraq. Its theme is the notion of targeting (skopos) as the name of an intentionalstructure in which the subject tries to confirm its invulnerability by aiming todestroy a target. At the center of the first chapter is Odysseus’s killing of the suitors;the second concerns Carl Schmitt’s Roman Catholicism and Political Form; thethird and fourth (...) treat Freud’s “Thoughts for the Times on War and Death” and“The Man Moses and Monotheistic Religion.” Weber then traces the emergenceof an alternative to targeting, first within military and strategic thinking itself(“Network Centered Warfare”), and then in Walter Benjamin’s readings of“Capitalism as Religion” and “Two Poems of Friedrich Hölderlin.”. (shrink)

In his warranted christian belief, Alvin Plantinga launches a forceful attack on apophaticism, the view that God is in some sense or other beyond description. This paper explores his attack before searching for a Plantinga-proof formulation of apophaticism.

I argue that the paradoxes attributed to the Megarians, namely the Liar, the Sorites, presupposition ("Have you stopped beating your father,") and failure of substitution of co-referential terms in psychological verbs ("The Electra") were intended to be reasons to accept Parmenides view that non-being is an incoherent notion and that there is exactly One Being. That is, Eubulides and others were akin to Zeno, in indirectly supporting Parmenidean monism.

Suppose that a young athlete has just become quadriplegic. He expects to live several more decades, but out of self‐interest he autonomously chooses to engage in physician‐assisted suicide (PAS) or voluntary active euthanasia (VAE). Some of us are unsure whether he or his physician would be acting rightly in ending his life. One basis for such doubt is the notion that persons have dignity in a Kantian sense. This paper probes responses that David Velleman and Frances Kamm have suggested to (...) the question of whether participating in PAS or VAE to benefit oneself, as the young man might, respects the dignity of persons, specified in an orthodox Kantian way. Velleman claims that it does not, while Kamm insists that, in certain circumstances, it does. I argue against Kamm's position. I go on to contend that while orthodox Kantianism might provide a basis for moral concern regarding the case of the young quadriplegic, it suffers from two serious shortcomings. First, it implies that terminally ill patients are wrong to request VAE or engage in PAS to avoid intense suffering, at least when this suffering has not yet overwhelmed their reason. Second, orthodox Kantianism implies that it is wrong for physicians to withdraw such patients from life‐sustaining treatments, even if they request it. To remedy these shortcomings, I sketch an unorthodox Kantian account of respect for the dignity of persons. This account promises to capture the idea that it would be morally problematic for doctors to help the young quadriplegic to die, but to avoid the shortcomings of an orthodox Kantian account. (shrink)

This article offers a reinterpretation of the origins and character of the so-called ‘Cambridge School’ in the history of political thought by reconstructing the intellectual background to J.G.A. Pocock's 1962 essay ‘The History of Political Thought: A Methodological Enquiry’, typically regarded as the first statement of a ‘Cambridge’ approach. I argue that neither linguistic philosophy nor the celebrated work of Peter Laslett exerted a major influence on Pocock's work between 1948 and 1962. Instead, I emphasise the importance of Pocock's interest (...) in the history of historiography and of his doctoral supervisor, Herbert Butterfield. By placing Pocock's intellectual development in these contexts, I suggest, the autonomy of diverse versions of the ‘Cambridge’ approach can more readily be perceived. (shrink)

This paper presents a puzzle about the logic of real definition. I demonstrate that five principles concerning definition—that it is coextensional and irreflexive, that it applies to its cases, that it permits expansion, and that it is itself defined—are logically incompatible. I then explore the advantages and disadvantages of each principle—one of which must be rejected to restore consistency.

It is our pleasure to introduce this special issue, devoted to the topic of worship in Jewish analytic theology. Many of the papers published here were presented at one of two summer workshops we ran as part of the John Templeton Foundation sponsored project, “Worship: A Jewish Philosophical Investigation”.