This paper analyses the role of a code of ethics for judges in connection to a contemporary definition of responsive ‘T-shaped’ judicial professionalism and the professional-ethical questions which can arise in judicial decision-making regarding politically and societally controversial issues. The paper’s case study focuses on climate-change related litigation in Dutch courts. First, a theoretical framework which conceptualises practical and ethical elements of T-shaped judicial professionalism as ‘virtuous judgecraft’, building on the work of Kritzer and Van Domselaar, addresses the knowledge, (...) skills, and ethical mindset that judges need for fulfilling their roles in relation to this notion of professionalism. Next, the paper analyses to what extent connections with guidelines of the Dutch Guide to Judicial Conduct (GJC), considered in light of the developed framework of virtuous judgecraft, can be recognised in the approaches of judges in the landmark Urgenda judgments. Based on this analysis, the paper presents conclusions regarding the value of the GJC for enhancing judicial performance and for explaining judgments, in particular those which involve complex societal issues, to parties and the general public. (shrink)

Background: SNOMED CT is a large terminology system designed to represent all aspects of healthcare. Its current form and content result from decades of bottom-up evolution. Due to SNOMED CT’s formal descriptions, it can be considered an ontology. The Basic Formal Ontology (BFO) is a foundational ontology that proposes a small set of disjoint, hierarchically ordered classes, supported by relations and axioms. In contrast, as a typical top-down endeavor, BFO was designed as a foundational framework for domain ontologies in the (...) natural sciences and related disciplines. Whereas it is mostly assumed that domain ontologies should be created as extensions of foundational ontologies, a post-hoc harmonization of consolidated domain ontologies in use, such as SNOMED CT, is known to be challenging. Methods: We explored the feasibility of harmonizing SNOMED CT with BFO, with a focus on the SNOMED CT Clinical Finding hierarchy. With more than 100,000 classes, it accounts for about one third of SNOMED CT’s content. In particular, we represented typical SNOMED CT finding/disorder concepts using description logics under BFO. Three representational patterns were created and the logical entailments analyzed. Results: Under a first scrutiny, the clinical intuition that diseases, disorders, signs and symptoms form a homogeneous ontological upper-level class appeared incompatible with BFO’s upper-level distinction into continuants and occurrents. The Clinical finding class seemed to be an umbrella for all kinds of entities of clinical interest, such as material entities, processes, states, dispositions, and qualities. This suggests the conclusion that Clinical finding would not be a suitable upper-level class from an BFO perspective. On closer inspection of the taxonomic links within this hierarchy and the implicit meaning derived thereof, it became clear that Clinical finding classes do not characterize the entity (e.g. a fracture, allergy, tumor, pain, hemorrhage, seizure, fever) in a literal sense but rather the condition of a patient having that fracture, allergy, pain etc. This gives sense to the current characteristic of the Clinical Finding hierarchy, in which complex classes are modeled as subclasses of their constituents. Most of these taxonomic links are inferred, as the consequence of the ‘role group’ design pattern, which is ubiquitous in SNOMED CT and has often been subject of controversy regarding its semantics. Conclusion: Our analyses resulted in the proposal of (i) equating SNOMED CT’s ‘role group’ property with the reflexive and transitive BFO relation ‘has occurrent part’; and (ii) reinterpreting Clinical Findings as Clinical Occurrents, i.e. temporally extended entities in an organism, having one or more occurrents as temporal parts that occur in continuants. This re-interpretation was corroborated by a manual analysis of classes under Clinical Finding, as well as the identification of similar modeling patterns in other ontologies. As a result, SNOMED CT does not require any content redesign to establish compatibility with BFO, apart from this re-interpretation, and a suggested re-labeling. Regarding the feasibility of harmonizing terminologies with principled foundational ontologies post-hoc, our results provide support to the assumption that this does not necessarily require major redesign efforts, but rather a careful analysis of the implicit assumptions of terminology curators and users. (shrink)

Modus Darwin is the name given by Elliott Sober to a form of argument that Sober attributes to Darwin in the Origin of Species, and to subsequent evolutionary biologists who have reasoned in the same way. In short, the argument form goes: Similarity, ergo common ancestry. In the present paper I review and critique Sober's analysis of Darwin's reasoning. I argue that modus Darwin has serious limitations that make the argument form unsuited for supporting Darwin's conclusions, and that Darwin did (...) not reason in this way. (shrink)

This volume describes the current "main contenders," including neo-Piagetian, neo-connectionist, neo-innatist and sociocultural models.

Normative pluralism is the view that practical reason consists in an irreducible plurality of normative domains, that these domains sometimes issue conflicting recommendations and that, when this happens, there is never any one thing that one ought simpliciter to do. Here I argue against this view, noting that normative pluralism must be either unrestricted or restricted. Unrestricted pluralism maintains that all coherent standards are reason-generating normative domains, whereas restricted pluralism maintains that only some are. Unrestricted pluralism, depending on how it (...) is cashed out, is either nihilism about practical reason or else it is subjectivism. Neither view is consistent with normative pluralism; hence, pluralism must be restricted. Restricted pluralism, however, faces two problems. The first stems from the question: “Why is it that some standards are normative domains while others are not?” The question seems to demand an answer, but it is hard to give any answer without appealing to considerations that imply facts about what we ought simpliciter to do. Second, restricted pluralism has difficulty accounting for our intuitions about cases in which one option is optimal in all domains, but not better than each alternative in any one domain. The unique option that is optimal in every domain seems better than its competitors, though it isn’t better within any domain. This is different than the widely discussed argument from notable-nominal comparisons. So I conclude that we have good reason to reject restricted pluralism, the only form of normative pluralism really worthy of that name. (shrink)

Many philosophers have noted that normative error theorists appear to be committed to saying ‘Error theory is true, but I have no reason to believe it’, which seems paradoxical. In defence of error...

Epistemic injustice occurs when we fail to appropriately respect others as epistemic agents. Philosophers building on the work of Miranda Fricker, who introduced the concept, have focused on epistemic injustices involving certain social categories, particularly race and gender. Can there be epistemic injustice attached to political conviction and affiliation? I argue yes: politics can be a salient social category that draws epistemic injustice. Epistemic injustices might also be intersectional, based on the overlap of politics and some other identity category like (...) race or sex. Further, and more provocatively, I argue that political minorities in academia, in particular conservatives and libertarians, are most likely the victims of epistemic injustice on the basis of their politics. Such epistemic injustices might even be routine. Although more limited in scope and severity than other forms of epistemic injustice, political epistemic injustices in academia ought to be of special concern from a standpoint of social justice because of the academy’s central role in knowledge production and dissemination. (shrink)

Although wisdom might be considered a quaint concept in a post-industrialised, instrumental and secular world, it deserves serious consideration. This is done primarily from a philosophical perspective and is intended to encourage the reintroduction of wisdom into educational and developmental programmes, especially for managers and leaders. Mindful of the potential naïvete of transplanting systems of thinking from one epoch to another, we nonetheless examine the relevance of pre-modern thought to the post-modern condition. This is done by radically reinterpreting classical Greek (...) texts as Pierre Hadot has done to derive a meaning of "philosophy" and the place of wisdom in the ancient world. The concepts of wisdom, virtue and enacted ethics derived from this re-interpretation are then applied to an ethnographic case study involving a senior executive. This study suggests that a Stoical "wisdom of the moment" philosophy may characterize contemporary leadership practice. (shrink)

Many philosophers have thought that aggregates of small, broadly dispersed evils don’t pose the same sort of challenge to theism that horrendous evils like the Nazi Holocaust do. But there are interesting arguments that purport to show that large enough aggregates of small evils are morally and axiologically equivalent to horrendous evils. Herein lies an intriguing and overlooked strategy for defending theism. In short: small evils, or aggregates of such evils, don’t provide decisive evidence against theism; there’s no relevant difference (...) between horrendous evils and aggregates of small evils; hence horrendous evils must not provide decisive evidence against theism, either. (shrink)

The present ecological crisis imposes a rethinking of the relation between the human being and the rest of nature. Traditional theological articulations of this relation have proven problematic where they foster separatism and anthropocentrism, which give a false report on the relation and have a negative impact on thinking and acting in relation to nature. One place to begin rethinking is through an exploration of the affirmation that the human being is “made in the image of God,”imago dei. Some ways (...) of construing the theological meaning of this designation are more helpful than others. Science has recognized the extent to which the human being is not only dependent upon but even emergent from nature. We are made of the same “stuff” that makes up the rest of the universe. We are nature. The place of the human being is much more modest, recent, and precarious than usually acknowledged in theological reflection. New ways of interpreting our role within nature must evolve out of this new understanding. Philip Hefner has proposed that we think of the human being as created co-creator. His is a distinctive and promising contribution. This essay responds with both affirmations and friendly questions. (shrink)

Can researchers, interested in novel ways to assess HIV seroprevalence among populations which are otherwise hidden, collect condoms that have been discarded on the ground in a public sex environment and test them for HIV? Researchers, who use other types of abandoned samples, such as discarded syringes, hair or saliva samples, or excess biological samples, confront similar issues. This review evaluates whether such abandoned tissues can be studied based on U.S. Code of Federal Regulations and literature on related issues including: (...) research involving banked tissues, blinded seroprevalence studies, and property claims that individuals might make on the samples.It also addresses broader questions of potential for stigma and risk to individuals and communities. The article concludes that the research should be permitted legally because either it does not involve human subjects, or it satisfies the requirements for waiver of consent; and that the research should also be permitted because the ethical principal of avoiding harm to individuals is fully satisfied based on a careful reading of the lessons of the tissue bank, biological property rights, and blinded seroprevalence study debates, as well as a consideration of other potential harms that might be involved. (shrink)

This paper investigates some delicate tradeoffs between the generality of an algorithmic learning device and the quality of the programs it learns successfully. There are results to the effect that, thanks to small increases in generality of a learning device, the computational complexity of some successfully learned programs is provably unalterably suboptimal. There are also results in which the complexity of successfully learned programs is asymptotically optimal and the learning device is general, but, still thanks to the generality, some of (...) those optimal, learned programs are provably unalterably information deficient—in some cases, deficient as to safe, algorithmic extractability/provability of the fact that they are even approximately optimal. For these results, the safe, algorithmic methods of information extraction will be by proofs in arbitrary, true, computably axiomatizable extensions of Peano Arithmetic. (shrink)

Hay and, then, Johnson extended the classic Rice and Rice-Shapiro Theorems for computably enumerable sets, to analogs for all the higher levels in the finite Ershov Hierarchy. The present paper extends their work to analogs in the transfinite Ershov Hierarchy. Some of the transfinite cases are done for all transfinite notations in Kleene's important system of notations, equation image. Other cases are done for all transfinite notations in a very natural, proper subsystem equation image of equation image, where equation image (...) has at least one notation for each constructive ordinal. In these latter cases it is open as to what happens for the entire set of transfinite notations in equation image. (shrink)

The word ‘extremist’ is often used pejoratively, but it’s not clear what, if anything, is wrong with extremism. My project is to give an account of moral extremism as a vice. It consists roughly in having moral convictions so intense that they cause a sort of moral tunnel vision, pushing salient competing considerations out of mind. We should be interested in moral extremism for several reasons: it’s consequential, it’s insidious – we don’t expect immorality to arise from excessive devotion to (...) morality – and it’s yet to attract much philosophical attention. I give several examples of moral extremism from history and explore their social-political implications. I also consider how we should evaluate people who miss the mark, being either too extreme in the service of a good cause or inconsistent with their righteous convictions. I compare John Brown and John Quincy Adams, who fell on either side of this spectrum, as examples. (shrink)

Throughout history, people have observed aerial events that appeared extraordinary and anomalous. In earlier eras, these were often interpreted through a lens that invoked special classes of divine beings, such as angels (who, compared with gods, are regarded as more likely to interact with humans). Today, in our ostensibly secular scientific age, there is a tendency to assume such observers were mistaken, and that with the benefit of modern knowledge, these events can be “debunked” and attributed to conventional naturalistic explanations. (...) However, recent years have seen a burgeoning interest and even concern over the issue of unidentified aerial phenomena. Through the lens of our “space age,” these are sometimes interpreted using notions such as extraterrestrial agents. Ultimately though, this article suggests that both categories of explanation, from angels to aliens, may be the perennial human quest to render comprehensible, through the prism of prevailing beliefs and traditions, an ongoing encounter with celestial phenomena that remain genuinely unknown but deeply significant. (shrink)

The functional basis of disgust in disease avoidance is widely accepted; however, there is disagreement over what disgust is. This is a significant problem, as basic questions about disgust require...

Can researchers, interested in novel ways to assess HIV seroprevalence among populations which are otherwise hidden, collect condoms that have been discarded on the ground in a public sex environment and test them for HIV? Does the Code of Federal Regulations address this question, and if not, what areas of research ethics might provide guidance to an IRB considering such a study? These questions arose as part of a preliminary study to test the feasibility of collecting discarded condoms from a (...) public sex environment in Massachusetts, and testing contained semen for HIV. Although the methodology of this study is somewhat unusual, the questions raised are not. Researchers, who wish to use other types of abandoned samples such as discarded syringes, hair or saliva samples, or even excess biological samples, commonly confront similar issues, and the analysis utilized here could guide design and review of other studies. (shrink)

This article proposes that we recognize ‘accountability’ as a forward-looking virtue, which disposes its possessors to live accountably in relation to those to whom they are rightly answerable, and which can be sub-divided into ‘particular accountability’, exercised within specific and limited relationships, and ‘ultimate accountability’, regarding the shape of one’s life as a whole. The article then proposes that these two forms of accountability find close analogues in two virtues which Thomas Aquinas described as ‘annexed to justice’, namely ‘obedience’ and (...) ‘religion’. (shrink)