La doctrine de droit international privé a tendance à organiser le rapport entre le droit de l’Union européenne et les réglementations nationales de droit international privé par le biais des principes de hiérarchie normative et d’attribution de compétence, de sorte que l’on s’interroge principalement sur le contenu et les limites de la nécessaire adaptation du droit national à la construction européenne. Le droit international privé est ainsi soumis à l’épreuve du droit européen. À l’inverse, à partir d’une conception alternative du (...) rapport entre les deux, comme un conflit entre visions du droit différentes, nous proposons de soumettre le droit de l’Union européenne, en particulier l’application des libertés de circulation par la Cour de justice de l’Union européenne, aux outils analytiques de droit international privé. En particulier, les notions de droit applicable, lois de police et exception d’ordre public vont nous permettre de mieux comprendre l’originalité et particularité de la « cosmologie juridique » qui anime cette jurisprudence. (shrink)

To address the underrepresentation of women in philosophy effectively, we must understand the causes of the early loss of women. In this paper we challenge one of the few explanations that has focused on why women might leave philosophy at early stages. Wesley Buckwalter and Stephen Stich offer some evidence that women have different intuitions than men about philosophical thought experiments. We present some concerns about their evidence and we discuss our own study, in which we attempted to replicate their (...) results for 23 different responses to 14 scenarios . We also conducted a literature search to see if other philosophers or psychologists have tested for gender differences in philosophical intuitions. Based on our findings, we argue that that it is unlikely that gender differences in intuitions play a significant role in driving women from philosophy. (shrink)

There are two traditional ways to read Kant's claim that every event necessarily has a cause: the weaker every-event some-cause and the stronger same-cause same-effect causal principles. The focus of the debate about whether and where he subscribes to the SCP has been in the Analogies in the Critique of Pure Reason and in the Metaphysical Foundations of Natural Science. By analysing the arguments and conclusions of both the Analogies and the Postulates as well as the two Latin principles non (...) datur casus and non datur fatum that summarise their results, I will argue for the novel thesis that the SCP is actually demonstrated in the Postulates of the First Critique. (shrink)

According to what Jonathan Bennett calls the Kant–Frege view of existence, Frege gave solid logical foundations to Kant’s claim that existence is not a real predicate. In this article I will challenge Bennett’s claim by arguing that although Kant and Frege agree on what existence is not, they agree neither on what it is nor on the importance and justification of existential propositions. I identify three main differences: first, whereas for Frege existence is a property of a concept, for Kant (...) it is a relational property pertaining between the concept and intuition of an object. Second, whereas for Frege truth about individuals presupposes their existence, for Kant truth is in many cases independent of the existence of objects. Third, whereas Frege binds logic to existence and removes modalities from logic, for Kant existence is a modal category that is emphatically removed from the domain of logic and set in the core of metaphysics. Due to these differences in Kant’s and Frege’s theories of existence, Frege cannot be seen as giving logical clarity to Kant’s view. (shrink)

In the course of his philosophy, in various contexts, Kant comes to reject three theses about existence: (i) that the thoroughgoing determination of a thing implies its existence, (ii) that existence is a real predicate or determination of a thing, and (iii) that existence is the complement of inner possibility or essence. Kant’s target here is Baumgarten, who advocates these theses as the criterion, classification, and definition of existence. In this article I seek to clarify Kant’s elusive theory of existence (...) through its opposition to Baumgarten. I will show that Kant’s refutation of (i)–(iii) does not stand alone but is grounded on his own definition of existence as (absolute) positing. Thus contrary to common practice, Kant’s negative claims about what existence is not cannot be understood in isolation but must be taken as jointly dependent on Kant’s positive claim of what existence is. I will show that the theses (i)–(iii) fail because they presuppose that existence contributes to the intension or content of a concept, whereas according to Kant existence in fact posits a (non-empty) extension to the concept. (shrink)

This paper presents a novel argumentation framework to support Issue-Based Information System style debates on design alternatives, by providing an automatic quantitative evaluation of the positions put forward. It also identifies several formal properties of the proposed quantitative argumentation framework and compares it with existing non-numerical abstract argumentation formalisms. Finally, the paper describes the integration of the proposed approach within the design Visual Understanding Environment software tool along with three case studies in engineering design. The case studies show the potential (...) for a competitive advantage of the proposed approach with respect to state-of-the-art engineering design methods. (shrink)

The debate on how to interpret Kant's transcendental idealism has been prominent for several decades now. In his book Kant's Transcendental Proof of Realism (2004) Kenneth R. Westphal introduces and defends his version of the metaphysical dual-aspect reading. But his real aim lies deeper: to provide a sound transcendental proof for (unqualified) realism, based on Kant's work, without resorting to transcendental idealism. In this sense his aim is similar to that of Peter F. Strawson – although Westphal's approach is far (...) more sophisticated. First he attempts to show that noumenal causation – on the reality of which his argument partly rests – is coherent in and necessary for Kant's transcendental idealism. Westphal then aims to undermine transcendental idealism by two major claims: Kant can neither account for transcendental affinity nor satisfactorily counter Hume's causal scepticism. Finally Westphal defends his alternative for transcendental idealism by showing that it solves these problems and thus offers a genuine transcendental proof for realism. In this paper I will show that all the three steps outlined above suffer from decisive shortcomings, and that consequently, regardless of its merits, Westphal's transcendental argument for realism remains undemonstrated. (shrink)

This article examines parallels between the increasing mental burnout and environmental overshoot in the organisational context. The article argues that there is a particular philosophy of management that connects these two phenomena of overshoot and burnout, namely productivism. As there are boundaries in all ecological processes and systems, the productivist aim of having ever more output and growth is deemed absurd. It is proposed that productivity as a management philosophy not only leads to mental ill-health in organisations but also to (...) overshoot in the environment. The article concludes that productivism, which denies the limits in utilisation of humans and other natural resources, fits poorly with circular economy and sustainability. Hence, ecological management should be complemented with a more holistic and processual view of organizations, as well as have an aim of peaceful coexistence between all earthbound objects. This signifies acknowledging and caring for human and non-human needs both now and in future by applying the idea of moderation to production of goods and services. (shrink)

Kant’s view that freedom is a “kind of causality” seems to conflict with his claim that the categories of the understanding – including causality – can only be applied objectively to sensible phaenomena, never to supersensible noumena, as freedom is only possible for the latter. I argue that only Kant’s theory of symbolic presentation, according to which the category of cause is applied merely analogically to freedom, can dispel this threatening inconsistency. Unlike it is commonly thought, one cannot here use (...) the category of cause in its unschematised form to think freedom as causality, for its mere logical significance does not suffice for the practical reality of freedom. Symbolic cognition in turn is not unschematised but indirect schematized presentation. Ultimately I will show that symbolic cognition is a necessary condition of moral agency – but not of morality itself – for without it we could not cognize and hence self-consciously use our freedom to act from the moral law. (shrink)

Conscientious Objection has become a highly contested topic in the bioethics literature and public policy. However, when CO is discussed, it is almost universally referred to as a single entity. Reality reveals a more nuanced picture. Healthcare professionals may object to a given action on numerous grounds. They may oppose an action because of its ends, its means, or because of factors that lay outside of both ends and means. Our paper develops a taxonomy of CO, which makes it possible (...) to describe the refusals of healthcare professional with greater finesse. The application of this development will potentially allow for greater subtlety in public policy and academic discussions – some species of CO could be permitted while others could be prohibited. (shrink)

People are prone to ascribe value to persons they love. However, the relation between love and value is far from straightforward. This is particularly evident given certain views on the nature of love. Setting out from the idea that what causes us to have an attitude towards an object need not be found in the intentional content of the attitude, this paper depicts love as an attitude that takes non‐fungible persons as intentional objects. Taking this view as a starting point, (...) the paper shows why it is difficult to combine with certain views on value. The main challenge comes from the idea that value judgments are universalizable. This view squares badly with the thought that the people whom we love are irreplaceable. Introducing the idea that properties may have different functions in the intentional content of the attitude, this paper determines what precisely it is about love that makes it hard to combine with universalizability. Moreover, it suggests two ways of meeting this challenge. (shrink)

Spanish fascists held power for a lengthy period, yet their antisemitism remains underresearched. This article, drawing on periodicals and archival documentation, specifically examines the early years of the Falange until 1945. The period was characterised by a significant surge in antisemitic sentiment in Spain, accompanied by a growing presence of the alleged ‘Judaeo-Masonic conspiracy’. Representing the first in-depth approach in English, the text is divided into four parts. The first serves as an introduction to the outbreak of antisemitism and conspiracy (...) theories within the political cultures of the Spanish illiberal right following the advent of democracy in 1931. The second focuses on fascism and its four most prominent figures up to 1936. The third analyses the Falange’s pronounced antisemitism during the Spanish Civil War, exploring both its internal and external influences. The fourth and final part addresses the fervently antisemitic stance of the Falange during the decisive years of the Second World War, navigating the tensions between Nazi antisemitic racism and Catholic anti-racist antisemitism. (shrink)

The much endorsed idea that reasons are facts, gives raise to several issues, not least when it is applied to the distinction between agent-neutral and agent-relative reasons. The paper distinguish in broad terms between two important views on the nature of facts. Given in particular a view that conceives of facts as abstract entities, the dichotomy is not particularly problematic. We might run into problems when it comes to identifying which facts are reasons and which are not, but the very (...) dichotomy itself seems sound. On this, the so-called thin approach, it is at least a possibility that some reasons will be (in some sense of the dichotomy) agent-neutral and some will be agent-relative. The second approach, the thick account, is, much less popular. It is argued that the thin approach trivializes an interesting issue among practical philosophers. The thin account is also in one respect less appealing than its thick cousin. The thick account is not flawless, though. At the end, a couple of objections to it will be considered. (shrink)

In The Value Gap, Toni Rønnow-Rasmussen addresses the distinction between what is finally good and what is finally good-for, two value notions that are central to ethics and practical deliberation. The first part of the book argues against views that claim that one of these notions is either faulty, or at best conceptually dependent on the other notion. Whereas these two views disagree on whether it is good or good-for that is the flawed or dependent concept, it is argued, (...) as against both approaches, that goodness and goodness-for are independent value notions that cannot be fully understood in terms of one another. The second part provides an analysis of good and good-for in terms of a fitting-attitude analysis. By elaborating a more nuanced understanding of the key elements of this analysis—reasons and pro-attitudes—Rønnow-Rasmussen challenges the widespread idea that there are no genuine practical and moral dilemmas. The result is that the gap between favouring for a reason what is good and favouring for a reason what is good for someone appears insurmountable. (shrink)

Recent Work on Intrinsic Value brings together for the first time many of the most important and influential writings on the topic of intrinsic value to have appeared in the last half-century. During this period, inquiry into the nature of intrinsic value has intensified to such an extent that at the moment it is one of the hottest topics in the field of theoretical ethics. The contributions to this volume have been selected in such a way that all of the (...) fundamental questions concerning the nature of intrinsic value are treated in depth and from a variety of viewpoints. These questions include how to understand the concept of intrinsic value, what sorts of things can have intrinsic value, and how to compute intrinsic value. The editors have added an introduction that ties these questions together and places the contributions in context, and they have also provided an extensive bibliography. The result is a comprehensive, balanced, and detailed picture of current thinking about intrinsic value, one that provides an indispensable backdrop against which future writings on the topic may be assessed. (shrink)

Although recent research suggests that women are underrepresented in philosophy after initial philosophy courses, there have been relatively few empirical investigations into the factors that lead to this early drop-off in women’s representation. In this paper, we present the results of empirical investigations at a large American public university that explore various factors contributing to women’s underrepresentation in philosophy at the undergraduate level. We administered climate surveys to hundreds of students completing their Introduction to Philosophy course and examined differences in (...) women’s and men’s feelings of belonging, comfort, and confidence in the philosophy classroom. We present findings suggesting various factors that contribute to women’s lower willingness to continue in philosophy compared to men’s, including perceptions about intuition-based methods in philosophy, the usefulness of the philosophy major, philosophy as a male discipline, and philosophical abilities as innate talents. We conclude by providing some suggestions for improving undergraduate philosophy courses in ways that would increase women’s willingness to continue in philosophy and may improve the courses for all students. (shrink)

In this paper we explore the thesis that the role of argumentation in practical reasoning in general and legal reasoning in particular is to justify the use of defeasible rules to derive a conclusion in preference to the use of other defeasible rules to derive a conflicting conclusion. The defeasibility of rules is expressed by means of non-provability claims as additional conditions of the rules.We outline an abstract approach to defeasible reasoning and argumentation which includes many existing formalisms, including default (...) logic, extended logic programming, non-monotonic modal logic and auto-epistemic logic, as special cases. We show, in particular, that the admissibility semantics for all these formalisms has a natural argumentation-theoretic interpretation and proof procedure, which seem to correspond well with informal argumentation. (shrink)

For quite some time now philosophers have stressed the need to distinguish between explanatory (motivating) reasons and justifying (good) reasons. The distinction is often illustrated with an example of someone doing something that is intended to strike the reader or listener, at least at the outset, as incomprehensible. The story of Abraham on Mount Moriah, who decided to sacrifice his son, Isaac, illustrates this pattern. Killing one’s own child is a horrific thing to do, and it is hard to understand (...) what would drive a parent to do such a thing. But once we are informed that Abraham actually believed God had told him to do so, we can see (allegedly) that there is at least an explanation of why he decided to kill his son. In the eyes of most people the planned act remains awful. But once we assume that Abraham was mistaken (say, because the best explanation in this case need not postulate the existence of God), we can see that his decision to kill his son is not a response to a normative good reason.1 So in a few lines we have outlined two reason notions: explanatory and normative (good) reasons. Cases like this afford an intuitive grasp of the distinction between explanatory and normative reasons — the difference between what explains Abraham’s motivation and behaviour and the good or bad reasons that apply to him. However, more recently (see e.g. Dancy 2000) the picture such cases present has been supplemented, or perhaps even corrected. There is a further feature of the Abrahamic story that needs to be teased out — one that gives a finer-grained understanding of what is going on than that provided by talk of the agent’s explanatory reasons. I share this view, and so what I will be doing in this paper is mainly to underline the need to dig a bit deeper. Motivation, as I shall argue, comes in different forms . (shrink)

This is a stimulating and vivid area of philosophical research, but it has tended to monopolize the notion of 'good-for', linking it necessarily to welfare or ...

The article examines the role played by policy advice institutions in the governance of ethically controversial new and emerging science and technology in Europe. The empirical analysis, which aims to help close a gap in the literature, focuses on the evolution, role and functioning of national ethics advisory bodies (EABs) in Europe. EABs are expert bodies whose remit is to issue recommendations regarding ethical aspects of new and emerging science and technology. Negative experiences with the impacts of science and technology (...) in the past have resulted in calls for increased transparency and broader participation and pluralism in expert advice and policy decision-making. Do national EABs function as inclusive, anticipatory “hybrid forums”? Or do they resemble more “classical” expert-oriented bodies, inspired by technocratic or decisionist approaches? As part of the empirical analysis of the role and functioning of institutional ethical advisory structures in 32 European countries, an extensive analysis of EAB websites and the content of publicly available documents on such institutions has been carried out, supplemented by an online survey of representatives of the EABs. One major finding of the empirical analysis is the very uneven distribution of “hybrid forum” features of EABs across Europe. (shrink)

Alongside the photographs are short pieces of critical commentary by Vicki Karaminas and Toni Johnson-Woods, shedding light on the city's changing culture and how this is expressed through the clothing choices of ordinary city-dwellers ...

Clinical ethics consultants should show bold moral courage in discharging their duties to patients, families, and healthcare providers. Given the corrosive impact on trust, and on the appropriate d...

The Nordic countries have often been regarded as ideal states with respect to their organization of society, including, among other things, their democracy, public education systems, gender equality, and strong concern for nature. From the late twentieth century onward, an increasing interest in Nordic literature, film, and design—genres where social and environmental themes have been strongly highlighted—can be noted internationally.This discourse of the Nordic societies can be considered to contain both utopian and dystopian aspects. As Kjerstin Aukrust and Cecilie Weiss-Andersen (...) show in their article on French democracy, the Nordic, understood as a utopian motif, has been a long-standing topic in modern French... (shrink)

Environmental issues are among the most critical scientific and social problems of today. The human environment is an environment of inequality and crisis, and a platform for debate on the fairness of social order. The crisis is the result of human behaviour, which reflects the failure of development and unjust distribution of consequences. The gap between rich and poor on a global scale is evident in the disproportionate climate change impacts on countries and their ability to cope. In this respect, (...) the economic and political inequalities between First and Third World countries are fortified by ecological ones. The development of international environmental mechanisms such as the Kyoto Agreement is instrumental in this kind of change. The pursuit of tackling and controlling climate change has its unforeseen consequences, whereas in specific communities the existent inequalities are emphasised in new forms. If mechanisms developed for the environment, such as the market of carbon emissions and the carbon balance, lead to environmental injustice and disproportionately affects vulnerable groups, it raises the question of their purpose. On the path of Rawl’s idea on the fairness of social institutions, such system demonstrates itself as contradictory and unjust. (shrink)

What does it mean that an object has instrumental value? While some writers seem to think it means that the object bears a value, and that instrumental value accordingly is a kind of value, other writers seem to think that the object is not a value bearer but is only what is conducive to something of value. Contrary to what is the general view among philosophers of value, I argue that if instrumental value is a kind of value, then it (...) is a kind of extrinsic final value. (shrink)

The distinction between the agent-relative and the agent-neutral plays a prominent role in recent attempts to taxonomize normative theories. Its importance extends to most areas in practical philosophy, though. Despite its popularity, the distinction remains difficult to get a good grip on. In part this has to do with the fact that there is no consensus concerning the sort of objects to which we should apply the distinction. Thomas Nagel distinguishes between agent-neutral and agent-relative values, reasons, and principles; Derek Parfit (...) focuses on normative theories (and the aims they provide to agents), David McNaughton and Piers Rawling focus on rules and reasons, Skorupski on predicates, and there are other suggestions too. Some writers suspect that we fundamentally talk about one and the same distinction. This work is about practical reasons for action rather than theoretical reasons for belief. Moreover, focus is on whether reasons do or do not essentially refer to particular agents. A challenge that undermines the dichotomy in this sense is posed. After having rejected different attempts to defend the distinction, it is argued that there is a possible defence that sets out from Jonathan Dancy’s recent distinction between enablers and favourers. (shrink)

Sanitary engineering is burdened by several challenges that attract bioethical attention: there are many ambiguities regarding the definition of the profession; its methodology seems to be a combination of several approaches from different sciences; and it often appears to be an amalgam of different disciplines. We argue that the bioethical perspective helps to show that these features can be taken as a stimulating challenge. Moreover, bioethics may illuminate how these features can become an asset to sanitary engineering in light of (...) the growing need for holistic approaches. First, we present a bioethical analysis of the aforementioned features as a useful way to clarify and strengthen the identity of the profession. Second, we argue that professional ethics have received the least attention, but are crucial to giving the profession stronger independence and professional identity and to creating a unique worldview at the crossroads of environmental and public health ethics. Finally, we propose a general framework of sound professional ethics of sanitary engineering as a necessary step towards rethinking the core values of the profession, clearly articulating a genuine professional ethic, and reforming educational politics related to professional education. (shrink)

Toni Rønnow-Rasmussen | : This paper explores a novel metaethical theory according to which value judgments express conditional beliefs held by those who make them. Each value judgment expresses the belief that something is the case on condition that something else is the case. The paper aims to reach a better understanding of this view and to highlight some of the challenges that lie ahead. The most pressing of these revolves around the correct understanding of the nature of the (...) relevant cognitive attitudes. It is suggested that the distinction between “dormant attitudes” and “occurrent attitudes” helps us to understand these conditional beliefs. | : Cet article explore une nouvelle théorie méta-éthique selon laquelle les jugements de valeur expriment les croyances conditionnelles des sujets qui les font. Chaque jugement de valeur exprimerait la croyance selon laquelle quelque chose est le cas à la condition que quelque chose d’autre le soit. L’objectif de cet article est de parvenir à une meilleure compréhension de ce point de vue et de souligner certaines de ses difficultés. La plus urgente d’entre elles concerne la compréhension adéquate de la nature des attitudes cognitives pertinentes. Nous suggérons que la distinction entre « attitudes dormantes » et « attitudes occurrentes » permettrait de mieux comprendre les croyances conditionnelles. (shrink)

Section 2.1 identifies three notions of intrinsic value: the finality sense understands it as value for its own sake, the supervenience sense identifies it with value that depends exclusively on the bearer’s internal properties, and the nonderivative sense describes intrinsic value as value that provides justification for other values and is not justified by any other value. A distinction between final intrinsic and final extrinsic value in terms of supervenience is subsequently introduced. Section 2.2 contains a discussion of the debate (...) about instrumental value and other varieties of nonfinal extrinsic value. Finally, section 2.3 focuses on recent attacks on the very coherence of the intrinsic/extrinsic distinction and its role as a demarcation line between fundamental and nonfundamental value. (shrink)