This chapter contains sections titled: Milieu Philosophy or Physics? Apprenticeship Starting Research and Minerva From Physics to Philosophy Causality and Levels Teaching Acknowledgment Books by Mario Bunge.

Ethicists, regulators and researchers have struggled with the question of whether incidental findings in genomics studies should be disclosed to participants. In the ethical debate, a general consensus is that disclosed information should benefit participants. However, there is no agreement that genetic information will benefit participants, rather it may cause problems such as anxiety. One could get past this disagreement about disclosure of incidental findings by letting participants express their preferences in the consent form. We argue that this (...) freedom of choice is problematic. In transferring the decision to participants, it is assumed that participants will understand what they decide about and that they will express what they truly want. However, psychological findings about people's reaction to probabilities and risk have been shown to involve both cognitive and emotional challenges. People change their attitude to risk depending on what is at stake. Their mood affects judgments and choices, and they over- and underestimate probabilities depending on whether they are low or high. Moreover, different framing of the options can steer people to a specific choice. Although it seems attractive to let participants express their preferences to incidental findings in the consent form, it is uncertain if this choice enables people to express what they truly prefer. In order to better understand the participants' preferences, we argue that future empirical work needs to confront the participant with the complexity of the uncertainty and the trade-offs that are connected with the uncertain predictive value of genetic risk information. (shrink)

Freedom is generated in at least two distinct ways: as the ability to avoid perceived dangers and pursue perceived goods, and even to pursue complicated plans in those directions, freedom evolves. But as a social and political matter, freedom seems more subject to human will. The best social institutions -- the kind that serve to encourage or constrain freedom of choice -- also appear to be evolutionary products in some sense. Can there be too much (...) freedom? Of course there can. No constraint at all would guarantee personal and social disaster. Individual activity can pose serious dangers to nature and to culture. But how may we ensure that the constraints we may chose to impose our ones that are good for us? What we need to do is to find, as consistently as possible with the necessity that human individuals be able to use their local perception of local opportunity in pursuit of their own interests, a framework that emerges out of human practice; we should take advantage of lessons learned about evolution: those strategies work that are in tune with the forces at work within the niche. In our attempts to solve social problems, we can't afford to take our eyes off the characteristics of the individuals that make up the social world we hope to change. And in my view, here as elsewhere, the smallest intervention is likely to be the best. (shrink)

From the Foreward by Mortimer J. Adler Of all the question or issues concerning human freedom, none is more fundamental in itself and in its consequences than the problem of free choice; and none has been the subject of more persistent and, at the same time, apparently irresolvable controversyThis bookis the perfect antidote for the errors, the misunderstandings or worse, the ignorances that beset the modern discussion of free choice. Even the reader who comes to this book (...) with little or no knowledge of the philosophical literature on the subjects that it treats cannot fail to appreciate its remarkable clarity, its felicitous combination of detailed concreteness with abstract precision, its exploration of common experience and its elucidation of common sense, and, above all, the intelligibility, reasonableness, and fairness of its exposition of free choice. (shrink)

Since its inception, donor conception practices have been a reproductive choice for the infertile. Past and current practices have the potential to cause significant and lifelong harm to the offspring through loss of kinship, heritage, identity, and family health history, and possibly through introducing physical problems. Legislation and regulation in Australia that specifies that the welfare of the child born as a consequence of donor conception is paramount may therefore be in conflict with the outcomes. Altering the (...) paradigm to a child-centric model, however, impinges on reproductive choice and rights of adults involved in the process. With some lobby groups pushing for increased reproductive choice while others emphasise offspring rights there is a dichotomy of interests that society and legislators need to address. Concepts pertaining to a shift toward a child-centric paradigm are discussed. (shrink)

This inquiry focuses on the problem of human freedom in the thought of Augustine and two of his early critics, John Cassian and Faustus of Riez. Two issues are of primary importance: the issue concerning the nature of free choice of will, and the issue concerning how free choice of will is to be reconciled with divine election. These issues arise as a result of a change that occurred in Augustine's thinking on human freedom in (...) 396, the year that he grasped the true significance of Paul's doctrine of divine election. To Augustine that doctrine entailed that the will's movement towards the Good was only possible if divine Good Itself worked within the fallen will to make it good. Cassian and Faustus, however, questioned how Augustine could affirm the reality of free choice of will when he insisted that the fallen moral agent lacked the natural ability to do good. ;In order to come to terms with this dilemma, this inquiry views Augustine's later doctrine of human freedom as a form of classical Christian compatibilism. Beginning with H. A. Wolfson's observation that in the Pelagian Controversy Augustine Christianized the pagan Stoic doctrine of fate, the study seeks to develop the implications of this observation in the context of the semi-Augustinian Controversy . Thus it attempts to carry out a task that Wolfson himself had intended to undertake but had never in fact been able to accomplish. ;In keeping with this objective, the inquiry develops Wolfson's claim by situating Augustine's response to the semi-Augustinians against the background of two key texts: Cicero's De fato and Augustine's De civitate dei . A careful study of these texts indicates not only a remarkable similarity between Chrysippus' and Augustine's solution to the problem of human freedom but also Augustine's own awareness of his indebtedness to the Stoics. With this background in mind, the inquiry proceeds, initially, to unravel Augustine's doctrine of human freedom and, subsequently, to view it in relation to Cassian's and Faustus' doctrine of human freedom. After drawing out the implications of these three doctrines of human freedom, a concluding chapter calls attention to the fact that Stoicism exerted a much more pervasive influence on the development of Augustine's doctrine of human freedom than has hitherto been suspected. (shrink)

In the 21st century, we live in what can be called a “new normal” when we view law through the prism of digital technology. Technology has greatly impacted the traditional parts of civil law, such as law of ownership, inheritance and contracts. Technology is bringing civil law into a new, digital environment where it is necessary to consider the specifics of that environment. The freedom of contract is the basic principle of civil law, which is mainly applied in the (...) law of obligations, in the part concerning contracts. In contrast, adhesion contracts are contracts in which the terms are dictated by one party, while the other party can only accept or reject them – take it or leave it. In the context of adhesion contracts, it is clear that freedom of contract can be violated in certain cases. Nowadays, a large number of such contracts are concluded online. Every user of a website must agree to these contracts in order to use that website. The problem of the lack of choice of the person who agrees to the pre-announced conditions in such adhesion contracts may be more pronounced online than in classical adhesion contracts. Due to certain characteristics of such contracts, users are sometimes not even aware that by their mere behaviour they have agreed to the terms and conditions of the Internet service provider to which the website belongs. As a result, these users do not know what they have agreed to until problems arise between them and an ISP. The behaviour of the contracting parties certainly contributes to this problem. ISPs sometimes try to turn most of the provisions of the contract in their favour and diminish their importance, while users ignore this and agree to everything that is offered to them, sometimes not even knowing that they have given their consent. (shrink)

_Purpose._ The study aims to define and comprehend the phenomenon of freedom as an anthropological problem in the Christian philosophical heritage of A. Augustine and H. Skovoroda. The objectives of the study are: a) to identify the main aspects of the problem of freedom in the Christian philosophy of Augustine; b) to clarify the essence and specificity of understanding of freedom in the philosophical anthropology of H. Skovoroda; c) to compare the peculiarities of the statement of the (...) problem of freedom by Augustine and Skovoroda. _Theoretical basis._ The achievement of the purpose is based on theoretical-methodological, historical-philosophical and comparative analysis of the content of the concept of freedom within the philosophical views of A. Augustine and H. Skovoroda. Also, the analysis of the original sources of the thinkers has allowed to formulate the theoretical and practical significance of their ideas in this field and their importance for the further development of world philosophy. _Originality._ It has been confirmed that in the religious philosophy of Augustine, freedom appears on an immanent-spiritual plane and is a phenomenon manifested as a person’s ability of self-determination in his actions. Augustine explains freedom by raising the question of free will, evil, salvation, predestination and divine grace. It is substantiated that the analysis of the problem of freedom in the philosophy of H. Skovoroda presupposes an understanding of the main components of his philosophical and anthropological theory: ontological (the doctrine of "two natures" and "three worlds"); gnoseological (the concept of self-knowledge); ethical (the problem of happiness, good, etc.). It is determined that human freedom in the work of both philosophers is defined in conceptual and semantic aspects as a moral and ethical choice between good and evil. It is established that both Augustine and Skovoroda emphasize the discovery by man of the moral, spiritual law and life in accordance with its norms – this is a kind of idea of positive freedom ("freedom for"), and the call to escape from the world of evil is the idea of negative freedom ("freedom from"). _Conclusions._ Thus, we continued the historical-philosophical study of the peculiarities of the understanding of the concept of human freedom in Ukrainian philosophical thought, which is manifested by comparing it with the theoretical heritage of world philosophy, with the spiritual and philosophical experience of the past. The ideological kinship of the concepts of freedom of Aurelius Augustine and Hryhorii Skovoroda is obvious. (shrink)

2. Before getting down to business, two assumptions underlying the subsequent discussion should be made explicit. The first concerns the choice of methods. Our problem is one of the proper description of a distinctive fact of consciousness, but there is an indirect as well as a direct manner of approach. The indirect approach would be to examine the structure of the language used in talk about such a feeling of freedom; the direct approach would be to employ to (...) the full our capacities of attention to the contents of consciousness. These linguistic and phenomenological methods are in many cases complementary, each suggesting to the other directions which might be followed to advantage. In the present case, however, the indirect approach seems ill-fitted to be of any substantial use, for it must be obvious, in the first place, that the relevant talk is found among professional philosophers only and, in the second place, where such talk is found it is confessedly meager beside that to which it is intended to draw our attention. Talk which concerns itself with the importance of attending to the phenomenon itself is peculiarly modest and self-effacing talk. In light of this fact my remarks will be similarly phenomena-oriented. My method will be direct. (shrink)

The original proposal of H. H. Pattee (1971) of basing quantum theoretical measurement theory on the theory of the origin of life, and its far reaching consequences, is discussed in the light of a recently emerging biological paradigm of internal measurement. It is established that the "measurement problem" of quantum physics can, in principle, be traced back to the internal material constraints of the biological organisms, where choice is a fundamental attribute of the self-measurement of matter. In this light, (...) which is shown to be a consequence of Pattee's original suggestion, it is proposed that biological evolution is a gradual liberation from the inert unity of "subject" and "object" of inanimate matter (as "natural law" and "initial conditions"), to a split biological existence of them and, as a consequence, the "message of evolution" is freedom, rather than complexity in itself. Some classical philosophical systems are brought into context to show that the epistemologies of several strictly philosophical systems of the social sciences are well acquainted with the problem and their solutions support our conclusions. (shrink)

This paper is a critical discussion of A.N. Prior’s contribution to the modern understanding of indeterminism and human freedom of choice. Prior suggested that these ideas should be conceived in terms of his tense logic. It can be demonstrated that his approach provides an attractive formalization that makes it possible to discuss indeterminism and human freedom of choice in a very precise manner and in a broader metaphysical context. It is also argued that Prior’s development of (...) this approach was closely linked to his very personal struggles with fundamental religious and metaphysical questions. In his opinion, holding the doctrine of divine foreknowledge together with the doctrine of human freewill gives rise to difficult logical and philosophical problems. It appears that Prior, rather early on, decided to support what was later known as the Peircean solution, although he also analysed what he considered to be the most important alternative solution—the Ockhamist solution. This paper offers a discussion of some of Prior’s published books and papers as well as some of the papers in his Nachlass. (shrink)

This book deals with an old conundrum: if God knows what we will choose tomorrow, how can we be free to choose otherwise? If all our choices are already written, is our freedom simply an illusion? This book provides a precise analysis of this dilemma using the tools of modern ontology and the logic of time. With a focus on three intertwined concepts - God's nature, the formal structure of time, and the metaphysics of time, including the (...) relationship between temporal entities and a timeless God - the chapters analyse various solutions to the problem of foreknowledge and freedom, revealing the advantages and drawbacks of each. Building on this analysis, the authors advance constructive solutions, showing under what conditions an entity can be omniscient in the presence of free agents, and whether an eternal entity can know the tensed futures of the world. The metaphysics of time, its topology and the semantics of future tensed sentences are shown to be invaluable topics in dealing with this issue. Combining investigations into the metaphysics of time with the discipline of temporal Logic this monograph brings about important advancements in the philosophical understanding of an ancient and fascinating problem. The answer, if any, is hidden in the folds of time, in the elusive nature of this feature of reality and in the infinite branching of our lives. (shrink)

The widespread emergence of innumerable technologies within health care has complicated the choices facing caregivers and their patients. The escalation of knowledge and technical innovation has been accompanied by an erosion of moral and ethical consensus among health providers that is reflected in the abandonment of the Hippocratic Oath as the immutable bedrock of medical ethics. Ethical conflicts arise when the values of health professionals collide with the expressed wishes of patients or the dictates of regulatory bodies and administrators. (...) Increasing attempts by groups outside of the medical profession to limit freedom of conscience for health providers has raised concern and consternation among some health professionals. The personal and professional impact of health professionals surrendering freedom of conscience and participating in actions they deem malevolent or unethical has not been adequately studied and may not be inconsequential when considering the recognized impact of other circumstances of coerced complicity. We argue that the distinction between the two ways that freedom of conscience is exercised (avoiding a perceived evil and seeking a perceived good) provides a rational basis for a principled limitation of this fundamental freedom. (shrink)

In this paper, I use Kant’s theory of the aesthetic power of judgment to solve the problem of nonmoral value choice, which Kant himself did not deal with, and prove that my reconstruction can fit into Kant’s philosophy and function as a harmonization and unification of morality and happiness. First, I revisit Kant’s early view of intellectualized happiness to establish the feasibility of this project in Kant’s ethics. Second, by analogy with the contemplative judgment of taste and (...) practical artistic creation, I argue for the universal communicability of pleasure in value choice from the transcendental perspective, on the one hand, and explain the various choices by individuals in reality from the empirical perspective, on the other. Ultimately, I connect the pursuit of intellectual happiness with the fulfillment of the imperfect duty of one’s own perfection, through which a transition from nature to freedom can be accomplished in Kant’s philosophy. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Freedom of speech has been essential in building democracy in Lithuania after regaining its independence. Exercise of the constitutional freedom of expression within the societies following constitutional values is the major factor shaping the political will of citizens. Wide-ranging, all round public discussion about all public interest issues is possible only when it is subject to due freedom of information. In indirect democracy, strong disseminator of information acting between citizens and the Parliament able to create the field (...) for discussion and mutual impact is a necessity. Significance, quality, all-roundedness of discussion on all public interest issues is the major factor determining correct choices of citizens and politicians. Restriction of freedom of expression and information or prohibition of free search, receipt and dissemination thereof shall be considered as subjugation of a human being as a free and autonomous creature. Freedom of speech is a highly important feature in building democracy. The media in Lithuania during two decades of democracy building has actively made the use of freedom of self-expression. The courts have solved a lot of case-laws, where freedom of speech, honour, dignity and private life were at stake. The Parliament, the Constitutional Court, the European Court of Human Rights in Strasburg, the Government, the Inspector of Journalist Ethics and the Commission on Journalists and Publishers Ethics, the courts of Lithuania – all institutions took part in the process of defining freedom of speech and its limits in Lithuania during two decades of its independence. The purpose of this publication is to identify if the case-law of Lithuania’s courts in balancing the contradictions between the freedom of self-expression and personal dignity, honour and private life is in line with the Convention for the Protection of Human Rights and Fundamental Freedoms, jurisprudence of the Human Rights Court in Strasbourg. Defining if the case-law of Lithuania’s courts are in line with the jurisprudence of the Human Rights Court in Strasbourg, the research is concentrated on legal tests applied in the case-law of freedom of speech – distinguishing between public and private figures, estimating disseminated information as facts or value-judgments, freedom of speech decriminalization problems, compensation in respect of pecuniary damage. (shrink)

Republican freedom is freedom from domination juxtaposed to negative freedom as freedom from interference. Proponents argue that republican freedom is superior since it highlights that individuals lose freedoms even when they are not subject to interference, and claim republican freedom is more ‘resilient’. Republican freedom is trivalent, that is, it includes the idea that someone might be non-free to perform some actions rather than unfree, and in that sense everyone regards republican freedom (...) as different from negative freedom. Trivalence makes republican freedom moralized according to negative libertarians. Beyond that, negative libertarians argue that all the supposed advantages of republican freedom are compatible with those of pure negative-freedom measures. That is, losses and gains of republican freedom are captured in measures of pure negative freedom, and any protection for republican freedom also protects negative freedom, ensuring each is equally resilient. Since republican freedom has no advantages over negative freedom, but has other problems (is moralized and is trivalent), negative freedom is superior. I examine this debate in this article through the ‘coalition problem’ for republican freedom. The coalition problem is that since there is always a coalition of others who could dominate any agent in any sphere, all agents are subject to domination, and hence no one can ever have republican freedom. Pettit’s simple solution to this reductio ad absurdum distinguishes potential from actual coalitions. Individuals are only dominated by actual coalitions, and not by potential ones. The simple solution highlights moralization problems as it demonstrates that domination cannot be purely institutionally defined, but requires consideration of dispositions and expectations about others’ behaviour. I argue that the differences between the ‘free man’ and ‘unfree person’ paradigmatic to republican arguments is best captured not by the difference between domination and interference, but, rather, from familiar distinctions between different types of rights and freedoms. Resilience is a practical matter that might track some of these familiar distinctions. (shrink)

The thesis studies the problem of measuring freedom of choice. It analyzes the concept of freedom of choice, discusses conditions that a measure should satisfy, and introduces a new class of measures that uniquely satisfy ten proposed conditions.

Understanding any problem of human existence, including the question of religious self-determination of the individual, outside the context of those processes that are taking place today at national and world levels, is very problematic. Religious choice, freedom of religion, as well as freedom of conscience as a whole, the legal mechanisms and possibilities for their practical implementation, in particular in Ukraine, are to some extent correlated with a qualitatively new poly-aspect, such as globalization. The latter in (...) the scientific discourse is regarded as "a set of tendencies that are aimed at forming a global interconnection between social phenomena and social actors". (shrink)

Whether we're buying a pair of jeans, ordering a cup of coffee, selecting a long-distance carrier, applying to college, choosing a doctor, or setting up a 401(k), everyday decisions ; both big and small ; have become increasingly complex due to the overwhelming abundance of choice with which we are presented. As Americans, we assume that more choice means better options and greater satisfaction. But beware of excessive choice: choice overload can make you question the (...) decisions you make before you even make them, it can set you up for unrealistically high expectations, and it can make you blame yourself for any and all failures. In the long run, this can lead to decision-making paralysis, anxiety, and perpetual stress. And, in a culture that tells us that there is no excuse for falling short of perfection when your options are limitless, too much choice can lead to clinical depression. In The Paradox of Choice, Barry Schwartz explains at what point choice ; the hallmark of individual freedom and self-determination that we so cherish ; becomes detrimental to our psychological and emotional well-being. In accessible, engaging, and anecdotal prose, Schwartz shows how the dramatic explosion in choice ; from the mundane to the profound challenges of balancing career, family, and individual needs ; has paradoxically become a problem instead of a solution. Schwartz also shows how our obsession with choice encourages us to seek that which makes us feel worse. By synthesizing current research in the social sciences, Schwartz makes the counter intuitive case that eliminating choices can greatly reduce the stress, anxiety, and busyness of our lives. He offers eleven practical steps on how to limit choices to a manageable number, have the discipline to focus on those that are important and ignore the rest, and ultimately derive greater satisfaction from the choices you have to make."--provided by publisher. (shrink)

The first topic of concern is anonymity, specifically the anonymity that is available in communications on the Internet. An earlier paper argues that anonymity in electronic communication is problematic because: it makes law enforcement difficult ; it frees individuals to behave in socially undesirable and harmful ways ; it diminishes the integrity of information since one can't be sure who information is coming from, whether it has been altered on the way, etc.; and all three of the above contribute to (...) an environment of diminished trust which is not conducive to certain uses of computer communication. Counterbalancing these problems are some important benefits. Anonymity can facilitate some socially desirable and beneficial behavior. For example, it can eliminate the fear of repercussions for behavior in contexts in which repercussions would diminish the availability or reliability of information, e.g., voting, personal relationships between consenting adults, and the like. Furthermore, anonymity can be used constructively to reduce the effect of prejudices on communications. Negative aspects of anonymity all seem to point to a tension between accountability and anonymity. They suggest that accountability and anonymity are not compatible, and they even seem to suggest that since accountability is a good thing, it would be good to eliminate anonymity. In other words, the problems with anonymity suggest that individuals are more likely to behave in socially desirable ways when they are held accountable for their behavior, and they are more likely to engage in socially undesirable behavior when they are not held accountable. I am not going to take issue with the correlation between accountability and anonymity, but rather with the claim that accountability is good. To examine this problem, let's look at a continuum that stretches from total anonymity at one end, and no anonymity at all at the other end. At the opposite extreme of anonymity is a panopticon society. The panopticon is the prison environment described by Foucault in which prison cells are arranged in a large circle with the side facing the inside of the circle open to view. The guard tower is placed in the middle of the circle so that guards can see everything that goes on in every cell. In a recent article on privacy, Jeffrey Reiman, reflecting on the new intelligent highway systems, suggests that we are moving closer and closer to a panopticon society. When we contemplate all the electronic data that is now gathered about each one of us as we move through our everyday lives- intelligent highway systems, consumer transactions, traffic patterns on the internet, medical records, financial records, and so on- we see the trend that Reiman identifies. Electronic behavior is recorded and the information is retained. While actions/transactions in separate domains are not necessarily combined, it seems obvious that the potential exists for combining data into a complete portfolio of an individual's day to day life. So it would seem that as more and more activities and domains are moved into a IT-based medium, the closer we will come to a panopticon society. A panopticon society gives us the ultimate in accountability. Everything an individual does is observable and therefore available to those to whom we are accountable. Of course, in doing this, it puts us, in effect, in prison. The prison parallel is appropriate here because what anonymity allows us is freedom; prison is the ultimate in lack of freedom. In this way the arguments for a free society become arguments for anonymity. Only when individuals are free will they experiment, try new ideas, take risks, and learn by doing so. Only in an environment that tolerates making mistakes will individuals develop the active habits that are so essential for democracy. In a world without information technology, individuals have levels or degrees and various kinds of anonymity and consequently different levels and kinds of freedom. Degrees and kinds of anonymity vary with the domain: small town social life versus urban social life, voting, commercial exchanges, banking, automobile travel, airplane travel, telephone communication, education, and so on. Drawing from our experience before IT-based institutions, we might believe that what we need is varying levels or degrees and kinds of anonymity. This seems a good starting place because it suggests an attempt to re-create the mixture that we have in the physical, non-IT-based world. Nevertheless, there is a danger. If we think in terms of levels and degrees of anonymity, we may not see the forest from the trees. We may not acknowledge that in an electronic medium, levels and kinds of anonymity mean, in an important sense, no anonymity. If there are domains in which we can be anonymous but those domains are part of a global communication infrastructure in which there is no anonymity at the entry point, then it will always be possible to trace someone's identity. We delude ourselves when we think we have anonymity on-line or off-line. Rather, what we have both places is situations in which it is more and less difficult to identify individuals. We have a continuum of situations in which it is easy and difficult to link behavior to other behavior and histories of behaviors. In the physical world, we can go places and do things where others don't know us by name and have no history with us, though they see our bodies, clothes, and behavior. If we do nothing unusual, we may be forgotten. On the other hand, if we do something illegal, authorities may attempt to track us down and figure out who we are. For example, law enforcement officials, collection agencies, those who want to sue us may take an active interest in removing our anonymity, ex post facto. Think of Timothy McVeigh and Terry Nichols-the men who apparently bombed the federal building in Oklahoma City. Much of what they did, they did anonymously, but then law enforcement officials set out to find out who had done various things, e.g., rented a car, bought explosives, etc. The shrouds of anonymity under which McVeigh and Nichols had acted were slowly removed. Is this any different than behavior on the internet? Is there a significant difference in the kind or degree of anonymity we have in the physical world versus what we have in an IT-based world? The character of the trail we leave is different; in the one case, its an electronic trail; while in the other it involves human memories, photographs, and paper and ink. What law enforcement officials had to do to track down McVeigh is quite different from tracking down an electronic law breaker. Also, the cost of electronic information gathering, both in time and money, can be dramatically lower than the cost of talking to people, gathering physical evidence, and the other minutia required by traditional detective work. We should acknowledge that we do not and are never likely to have anonymity on the Internet. We would do better to think of different levels or kinds of identity. There are important moral and social issues arising as a result of these varying degrees and kinds of identity. Perhaps the most important matter is assuring that individuals are informed about the conditions in which they are interacting. Perhaps, even more important is that individuals have a choice about the conditions under which they are communicating. In the rest of this paper we explore a few examples of levels and kinds of identity that are practical on the Internet. We discuss the advantages and disadvantages that we see for these "styles" of identity for individuals, and we examine the costs and benefits of these styles for society as a whole. (shrink)

Anselm is known for offering a distinctive definition of freedom of choice as “the ability of preserving uprightness of will for its own sake.” When we turn to Anselm’s account of the devil’s fall in De Casu Diaboli, however, this idiosyncratic understanding of freedom is not at the forefront. In that text, Anselm seemingly assumes a traditional understanding of free will defined in terms of alternative possibilities for the angels. These alternative possibilities must be present so the (...) angels can engage in ‘self-determination.’ God, however, does not face alternative possibilities to achieve His self-determination. Anselm thus explicates his notion of free will in terms of three different concepts: his distinctive definition of free choice, self-determination, and the principle of alternative possibilities. Despite attempts (by both scholars and Anselm) to explain how these three concepts are related, I argue that their relationship is problematic. In particular, I argue that Anselm is guilty of conflating and equivocating with regard to these concepts. I further importantly claim that the conflation obscures the fact that his understanding of self-determination calls into question God’s excellence over that of the good angels. (shrink)

The general notion of relative freedom is introduced. It is a kind of freedom that is observed everywhere in nature. In biology, incomplete knowledge is defined for all organisms. They cope with the problem by Popper’s trial-and-error processes. One source of their success is the relative freedom of choice from the basic option ranges: mutations, motions and neuron connections. After the conjecture is adopted that communicability can be used as a criterion of consciousness, free will (...) is defined as a conscious version of relative freedom. The resulting notion is logically self-consistent and it describes an observable phenomenon that agrees with our experience. (shrink)

In this paper I put forward an ethical argument for the provision of extensive patient choice by the British National Health Service. I base this argument on traditional liberal rights to freedom of choice, on a welfare right to health care, and on a view of health as values-based. I argue that choice, to be ethically sustainable on this basis, must be values-based and rational. I also consider whether the British taxpayer may be persuadable with (...) regard to the moral acceptability of patient choice, making use of Rawls’ theory of political liberalism in this context. I identify issues that present problems in terms of public acceptance of choice, and also identify a boundary issue with regard to public health choices as against individual choices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 489 right; and it will be of interest to students of modern aesthetics. But compared with Rudolf Makkreel's ground-breaking study, Dilthey, Philosopher of the Human Studies (Princeton, 1975), it is handicapped by an exasperating vagueness. This is mainly because Heinen does not go more deeply into Dilthey's profuse aesthetic writings from a historical perspective and on the basis of a commitment to an appropriate methodology. What (...) we get, instead, is a rather one-sided reflection on several important aspects of Dilthey's aesthetic writings. ROLF-DIETERHERRMANN University of Tennessee Young John Dewey: An Essay in American Intellectual History. By Nell Coughlan. (Chicago and London: University of Chicago Press, 1975. Pp. xii + 187) The author's aim in this carefully researched volume is to examine the early development of Dewey's character, primarily as it is expressed in the changes in his philosophical development from the time he was a student at the University of Vermont until he left the University of Michigan to go to Chicago in 1894. The account is at its best in relating the common problems shared by Dewey, his teachers George Sylvester Morris and G. Stanley Hall and his younger colleague George Herbert Mead. All were conscientious men, concerned to develop an account of the world and of society that does not fall back on religion as a crutch, that could give some accounting of or even take advantage of new developments in empirical psychology yet still provide a role for the philosopher as a moral leader. Where in the America of the 1870s and 1880s could such a person turn? Aside from Harvard and Johns Hopkins, there was no place for the independent, secular philosopher in American colleges and universities. The safe clergyman was typically given employment; the free thinking agnostic was considered dangerous. Further, there was the problem of intellectual isolation. Coughlan brilliantly contrasts the tight knit intellectual community of Victorian England with the struggles of individual American thinkers, scattered around the United States, to find like-minded intellectual companionship. Morris tried to resolve these problems by embracing the idealism of T. H. Green and hoping for a full-time chair at Hopkins. Hall, who eventually got the chair, went into empirical psychology. His choice was safe and intellectually respectable but ignored moral matters. Mead and a young friend named Henry Castle went through a long struggle to develop a satisfactory world view. Castle never achieved success and died in a shipwreck at age 32. Mead's correspondence with Castle reveals that he endured a number of acute personal crises before becoming Dewey's colleague at Michigan and discovering the latter's newly developing "organic circuit" theory with all its implications for the development of social psychology. Dewey was the most successful of the lot. It would be easy to construe a scenario wherein the young Dewey became skeptical about Green's idealism and underwent an acute personal crisis at the prospect of a world no longer glued together by the universal mind. This apparently never happened. By his own account, Dewey's "drift" from idealism took fifteen years, 1and I suspect that this gradual disengagement served as an effective buffer against the shock of having to develop an experimental naturalism all of a sudden. At any rate, Coughlan gives the most thorough account available of the evolution of Dewey's thought during the Michigan years. Coughlan is on solid ground so long as he treats Dewey as a person who shared common intellectual problems with like-minded colleagues and teachers. But how can one reconstruct his personal life? The difficulties are real. Dewey's published writings of the period reveal little John Dewey, "From Absolutism to Experimentalism," in John Dewey on Experience, Nature, and Freedom, ed. Richard J. Bernstein (New York: Liberal Arts Press, 1960), p. 12. 490 HISTORY OF PHILOSOPHY of his personality. Indeed, one is moved to ask whether his personality was almost entirely submerged in his work. Colleagues, friends and students are no longer available to tell their story. There is little in the way of revealing personal correspondence that is available. Dewey was not inclined to reminisce.2 About all we have from him... (shrink)

This paper engages with one debate in the emerging field of neuroethics. It is sometimes claimed on the strength of neuroscientific research that our actions are causally determined and therefore not truly free, or more modestly that brain structures or processes constrain some choices and actions, raising questions about our moral responsibility for them. I argue that a Reformed account of providence, sin and grace offers an account of causation able to resist hard determinism, reframes concepts of freedom (...) and responsibility, and provides a theological perspective for evaluating medical interventions in brain activity. Thus the paper not only contributes to a neuroethical debate, but also illustrates the capacity of Reformed ethics to respond creatively to novel problems. (shrink)

The purpose of this study is to discover, present and analyze the key ideas of Anselm of Canterbury concerning the notions of knowledge, will and mode of divine-human relations in the context of this “knowledge-will” framework which is important due to (a) somewhat insufficient attention to the medieval insights on the issue and (b) the peculiarity that Anselm’s intuitions have. More specifically, the object of the given paper is Anselmian understanding of relations between God’s foreknowledge and will, on the one (...) side, and human free will, on the other side, as it is presented in the work entitled De Concordia. In this treatise Anselm of Canterbury partially uses and further elaborates some ideas of Augustine and Boethius, while integrating, updating and synthesizing them in a creative manner, and partially develops a number of thoughts of his own. As a result, there is a set of the well-formulated and comprehensive theses concerning (i) different types of (metaphysical) necessity, (ii) a proper definition of freedom of choice and will, (iii) the nature of will per se, and, finally, (iv) unique relation of “simultaneity” that exists between God’s knowledge, God’s will and the creature’s rational will. These ideas are presented and explicated in the article along with detailed exposition and analytical examination of the main line of argumentation found in the De Concordia. (shrink)

Endgame proposals strive for a tobacco‐free (or at least cigarette‐free) society. Some endgame proposals are radical and include, for example, a complete ban on cigarettes. Setting aside empirical worries, one worry is ethical: would such proposals not go too far in interfering with individual freedom? I argue that concerns around freedom do not speak against endgame proposals, including strong proposals such as a ban on cigarettes. I first argue that when balancing freedom with public health (...) goals in tobacco control, the latter win out. But I also argue that, in principle, a concern with freedom itself already justifies endgame measures. First, such measures can increase people's lifetime freedom, that is, the freedom they have across their entire lives. Second, such measures can facilitate a better interpersonal distribution of freedom by increasing aggregate societal freedom and by reducing inequalities. Overall, freedom does not preclude strict tobacco control but supports it. (shrink)

In recent work, Rawls, Nozick, and the ?democratic?socialist? theory of Markovi? and Gould, attempt to ground rival models of just economic relations on the basis of conflicting interpretations of human freedom. Beginning with a philosophical conception of humans as essentially free beings, each derives a different system of basic rights and freedoms: (1) the familiar democratic civil and political rights of citizenship in the West (Rawls); (2) the classical bourgeois market freedoms ? ?life, liberty, and property? (Nozick); and (...) (3) democratic socialist rights of self?management of the work?place (Gould and Markovi?). I argue that each of these theorists implicitly assumes a different but ungrounded ?social paradigm of human agency? concerning the particular forms of human choice which are singled out as most important for a free, human life. None of these theories contains the methodological resources for showing why the forms of human agency it ?emancipates? are more important than the forms it suppresses or ignores. In order to overcome this impasse and provide a way of evaluating such rival paradigms of free agency, I elaborate a methodology based on the idea that a free society must provide its members with ?equality in the social bases of self?respect?. I use this methodology to argue that all three of the above conceptions are blind to problems of human agency, freedom, and dignity posed by the modern phenomena of welfare dependency, unemployment, and a self?stultifying division of labor. (shrink)

The purpose. Explore the major ideological patterns of development of a socially philosophies of education in the context of the problems of institutionalization of knowledge about human and social development. To analyse system-integration aspect of social philosophy and education management in interaction of concepts of an instrumentalism of a pragmatism and a neopragmatism with model of «new humanism» in formation of socially valuable orientations. Methodology. Classification existing in the western philosophy of education and education of directions is spent, (...) proceeding from basic principles of philosophical school or a current, first of all considering those the purpose and means which are really involved by them in process of education, social development and socially-moral education and being based on the basic installations, the purpose expressed by that or other direction, how its supporters imagine the person, its requirement, a social role, модус behaviour which the education system and education urged to form. Scientific novelty. In conditions when against crisis of an education system of the government of the USA and the leading countries of Europe are compelled to begin its long-term reform, its theorists substantially pay attention to democratic workings out of concepts of an instrumentalism of a pragmatism/neopragmatism in modern social philosophy of education, in particular on their aspiration to introduce in process of social development, education and education idea and practical model both educational, and a social equality. Considering growing requirement of a practical embodiment of ideas of freedom, justice, aspiration to realization of the human rights proclaimed a society, supporters of the concept of «new humanism» see the main objective in blocking a way to conformism, to a manipulation behaviour of the person and to create conditions for its free self-expression, for realization by the person of a fundamental choice of acts in a concrete situation and by that to warn danger of formation of the unified form of behaviour. In it principles of «new humanism» approach with a position of «new humanism» instrumentalism and neopragmatism. Conclusions. Before social philosophy of education/education it is necessary to define a problem factors which cause achievement of its main objective, to state an estimation to moral principles and personal qualities with which actually the education/education theory connects realization of the problems, to show, why these, instead of any other principles and qualities open to the person possibility to choose in a concrete situation socially powerful both morally defensible and comprehensible line of conduct in public the relation. Statement of a question on necessity of the philosophical analysis of problems of education and education in a social context serves as an indicator of understanding philosophers, teachers of an increasing role of the human and moral factor in society development. And, at last, the aspiration to develop socially-philosophical bases of pedagogics in general and education in particular, testifies that the western and domestic philosophers, teachers, representatives of social and psychological sciences, at least, the majority of them, have realized the public importance of an education system and education, its global character. (shrink)

There are arguments for determinism. Admittedly, this is opposed by the fact of everyday experience of autonomy. In the following, it is argued for the compatibility of determinism and autonomy. Taking up considerations of Donald MacKay, a fatalistic attitude can be refuted as false. Repeatedly, attempts have been made to defend the possibility of autonomy with reference to quantum physical indeterminacy. But its statistical randomness clearly misses the meaning of autonomy. What is decisive, on the other hand, is the (...) possibility of knowledge, which opens up opportunities for planning, freedom of choice and ultimately 'self-choice'. Results of neurobiological research, especially Benjamin Libet's and more recently John-Dylan Haynes', seem to refute this: Actions are unconsciously initiated before conscious decision. But, as Libet has also shown, consciousness always has the possibility of a veto – and thus also of knowledge-driven action control. Ultimately, the idea of possible self-choice can thus become the determining condition. Only such a form of rational self-determination establishes a spiritual identity and at the same time represents the maximum of autonomy possible for human beings. (shrink)

Philosopher Greg Welty contributed a chapter entitled ‘Molinist Gunslingers: God and the Authorship of Sin’, to a book devoted to answering the charge that Calvinism makes God the author of sin. Welty argues that Molinism has the same problems as Calvinism concerning God’s relationship to sin, regardless of what view of human freedom Molinism may affirm. The Molinist believes that God generally uses his knowledge of the possible choices of libertarianly free creatures in order to accomplish his will. (...) But affirming libertarian freedom for humans, he argues, does not help in dealing with the question of God’s relationship to evil. Therefore, Molinism is no better than Calvinism, at least concerning this issue. In response to Welty, I agree with him that Molinism does not have a moral advantage over what he calls ‘mysterian, apophatic’ Calvinism, but Molinists don’t claim that it does, and I argue that, contra Welty, Molinism indeed does have a moral advantage over the Calvinist versions that do employ causal determinism. Welty does not take ‘intentions’ into consideration in his argument, and this is a serious flaw. In the libertarian model of Molinism, intent originates in the doer of evil. However, in the compatibilist model of causal determinism, ultimately God implants intent. Thus, adherents of causal determinism have difficulty not laying responsibility at the feet of God. (shrink)

Intellectual experiences of Russian philosophers of the 19th and first half of the 20th centuries devoted to Russia demonstrate the intensive work of national self – knowledge. The concentration of thinkers on a certain range of topics, such as freedom and revolution, the state and society, culture and politics, religion and ideology, indicates a high density and polemical intensity of discussion. The thematic focus of Russian thought on national and cultural issues creates an end-to-end narrative with an open (...) structure, where texts are dialogically intertwined with each other. These statements often indicate a value and ideological conflict between various actors in the social history of Russia. This historiosophical narrative can be interpreted as a meta-text of Russian social and religious-philosophical thought, which in many senses is the practice of self-description of the national intelligentsia. It testifies to her spiritual and ideological quest, the struggle for a social ideal – about the moral choice of thinking Russian people, which encourages criticism of the historical experience of Russia. The main problem of this pre-revolutionary and post-revolutionary discourse is the question of the moral and political responsibility of the educated class for the historical choice of Russia and its fate. The most important from a historical and philosophical point of view texts are the works of Russian Silver Age thinkers. Their arguments about Russia include both a reaction to the events of the three Russian revolutions and the Great War, which traumatized the consciousness of the intelligentsia, and a painful post-traumatic reception of their own intellectual tradition and the moral deformation of ideals that took place in it. Those ideals based on the idea of freedom and philosophical honesty in achieving the truth. (shrink)

The problem of freedom of the will and determinism is one of the most intriguing and difficult in the whole area of philosophy. It constüutes a paradox. If we look at ourselves, at our ability to deliberate and make moral choices, it seems obvious that we are free. On the other hand, if we look at what we believe about causality (i.e., that every event and thing must have a cause), then it appears that we do not have free (...) wills but are determined. Thus we seem to have inconsistent beliefs. In this paper I set forth and analyze the major contemporary arguments for free will and determinism as well as for compatibilism, the position that tries to combine insights from both theories. I end with a brief conclusion regarding my assessment of the status of the arguments. (shrink)

This essay examines the right of health care freedom of choice contained in some state constitutions. It explores how courts have, and could, use this constitutional health care right as a basis for recognizing or reinforcing a fundamental right to choose an abortion.

The most important difference between contemporary compatibilist and libertarian theories is not the difference in their positions regarding the truth of the thesis of physical determinism, but their different approaches to the causal role of agents. According to libertarians, volitional acts performed by agents constitute a specific type of causes, which are not themselves caused by other causes. In this respect, event-causal libertarianism is similar to the agent-causal libertarianism, because it insists that in performing a volitional act an agent can (...) choose one of the alternative outcomes without being caused to do so by anything else, where ‘anything else’ includes all the facts about the past and the present. Since event-causal libertarians maintain that volitional acts and the causal role of agents can be explained naturalistically, they must solve the problem of luck, i.e., they must explain how an agent is able to control her choices, given that she can choose one way or another without there being any difference in her state immediately preceding the moment of choice. This problem arises not from the indeterminism per se, but from the way it is coupled with the causal role of agents.In section one, I consider the historical development of compatibilist views on physical determinism and indeterminism. In section two, I present an overview of conditional analyses of alternative possibilities. In section three, I analyze the reasons why libertarians reject any type of conditional analysis, and show that intuitive objections against physical determinism, which portrait it as an obstacle to freedom, are untenable. In section four, I consider the consequence argument and show how it is related to the libertarian condition of sourcehood. In the final section, I analyze the problem of luck and show that it inevitably arises for any version of libertarianism. I demonstrate that indeterminism is a problem for libertarians, although they need it. And it is not a problem for compatibilists, who, while they do not need it, can incorporate it in their theories without facing the problem of luck. (shrink)

This paper introduces considerations about constraints in the construction of measures of an agent's freedom. It starts with motivating the exercise from both the philosophical and the informational point of view. Then it presents two rankings of opportunity sets based on information about the extent of options and the constraints that a decision maker faces. The first ranking measures freedom as variety of choice; the second as non-restrictedness in choice.

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not (...) held culpable for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

ABSTRACT: In this paper I argue that the ‘discovery’ of the problem of causal determinism and freedom of decision in Greek philosophy is the result of a combination and mix-up of Aristotelian and Stoic thought in later antiquity; more precisely, a (mis-)interpretation of Aristotle’s philosophy of deliberate choice and action in the light of Stoic theory of determinism and moral responsibility. The (con-)fusion originates with the beginnings of Aristotle scholarship, at the latest in the early 2nd century (...) AD. It undergoes several developments, absorbing Epictetan, Middle-Platonist, and Peripatetic ideas; and it leads eventually to a concept of freedom of decision and an exposition of the ‘free-will problem’ in Alexander of Aphrodisias’ On Fate and in the Mantissa ascribed to him. (shrink)

Addressing himself not only to an academic but to a generally educated public, Lamont introduces the perennial debate between determinism and freedom of choice with liberal and lively quotes from both sides down through history. He proceeds to argue with passionate conviction that both objective contingency and necessity exist as correlative cosmic ultimates, and that the world must therefore be viewed as essentially pluralistic. Moving from a consideration of contingency to the notion of potentiality, Lamont analyzes (...) freedom of choice as the actualization of one of a plurality of genuinely open alternatives which are made possible by contingency and potentiality. Following Hartshorne, he argues that the relation of universal to particular, of determinable to determinate, is one of indeterminate or contingent or potential to determinate or actual; on this ground he finds contingency or freedom inherent in the very act of rational deliberation. Moreover, scientific theories of probability are interpreted as confirming the existence of this sort of objective contingency. Determinism on the other hand, he maintains, not only rules out universals altogether but denies the dynamic character of time, undercuts the notion of ethical responsibility, and defies common sense and ordinary use of language. The book is highly readable--and highly provocative. A fair example of its provocative character is provided in the mileage Lamont gets out of his crucial chapter which seeks to establish the existence of objective contingency as a cosmic ultimate which "demolishes the case for a completely determined universe". On the one hand, contingency is taken to be "simply the opposite of determinism or necessity, meaning that an event, object, or state of affairs either may or may not be". On this interpretation it is not difficult to see why Lamont feels that "freedom of choice is obviously an impossibility unless contingency objectively exists in Nature". On the other hand, it turns out that what it means to say that a contingent event "may or may not be" is perhaps not after all so clearly incompatible with determinism. Thus contingency "does not imply that any event is causeless" but only that it is possible for causally determined factors to impinge on other factors--themselves in turn causally but independently determined. In the long run this seems to involve an act of faith that "the infinitely diverse world of Nature radiates from different centers... that if there ever was a beginning to the universe, which is most doubtful, it would have been beginnings, that is, a multitude of first causes all popping at once". Moreover, it is not wholly clear just how this sort of contingency--which seems to be non-teleological and by definition must operate from outside the causal sequence--is supposed to make possible or even provide a parallel to the exercise of free choice. To a believer in freedom, Lamont's account of contingency seems to offer a meager foundation for so important a theory.--R. D. (shrink)

The coercive authority of the Kantian state is rationally grounded in the ideal of equal external freedom, which is realized when each individual can choose and act without being constrained by another's will. This ideal does not seem like it can justify state-mandated economic redistribution. For if one is externally free just as long as one can choose and act without being constrained by another, then only direct slavery, serfdom, or other systems of overt control seem to threaten external (...) freedom. Yet Kant endows the freedom-based state with considerable powers of economic redistribution. I argue that recent commentary has misunderstood both Kant's account of why poverty is a form of freedom-threatening dependence and the extent of the Kantian state's powers for remedying poverty. Criticizing Arthur Ripstein and the Kantianism of the “Toronto-School,” I argue that the most salient notion of dependence at issue within the Kantian framework is not the direct control of the choice-making capacities of another but asymmetrical influence in a power relationship. For Kant, poverty is fundamentally a problem of structural disempowerment. (shrink)

The term ‘locked-in’ syndrome (LIS) describes a medical condition in which persons concerned are severely paralyzed and at the same time fully conscious and awake. The resulting anarthria makes it impossible for these patients to naturally communicate, which results in diagnostic as well as serious practical and ethical problems. Therefore, developing alternative, muscle-independent communication means is of prime importance. Such communication means can be realized via brain–computer interfaces (BCIs) circumventing the muscular system by using brain signals associated with (...) preserved cognitive, sensory, and emotional brain functions. Primarily, BCIs based on electrophysiological measures have been developed and applied with remarkable success. Recently, also blood flow–based neuroimaging methods, such as functional magnetic resonance imaging (fMRI) and functional near-infrared spectroscopy (fNIRS), have been explored in this context. After reviewing recent literature on the development of especially hemodynamically based BCIs, we introduce a highly reliable and easy-to-apply communication procedure that enables untrained participants to motor-independently and relatively effortlessly answer multiple-choice questions based on intentionally generated single-trial fMRI signals that can be decoded online. Our technique takes advantage of the participants’ capability to voluntarily influence certain spatio-temporal aspects of the blood oxygenation level–dependent (BOLD) signal: source location (by using different mental tasks), signal onset and offset. We show that healthy participants are capable of hemodynamically encoding at least four distinct information units on a single-trial level without extensive pretraining and with little effort. Moreover, realtime data analysis based on simple multi-filter correlations allows for automated answer decoding with a high accuracy (94.9%) demonstrating the robustness of the presented method.. (shrink)

Anselm of Canterbury is the first Christian philosopher, perhaps the first philosopher, to offer a systematic analysis of libertarian freedom. His work prefigures that of Robert Kane, and looking at the two philosophers together is helpful in understanding and appreciating the work of each of them. In this paper I show how Anselm adopts a view of choice that foreshadows Kane’s doctrine of ‘plural voluntary control.’ Kane proposes this doctrine as an attempt to answer the ‘luck’ problem. Alfred (...) Mele criticizes this approach, arguing that, unless the agent’s competing desires ultimately originate with the agent himself, he cannotbe considered autonomous. It is true that on both Kane’s and Anselm’s analysis, agents have only a limited area of autonomy. However, an appreciation of theradical implications of this limited autonomy in Anselm’s system shows that plural voluntary control gives the agent significant freedom. (shrink)

In this short paper, we investigate the problems with the employment of the notion of freedom and voluntariness in libertarianism. We pretend to demonstrate that these two, as conceived of by libertarians, figure in as the main issue when it comes to justifying its major institutions, say: bequeathing, gifts, transactions (or what they label as “voluntary transfer”). The difficulty here boils down to the fact that a purely rights-based idea of freedom and voluntariness, the pretentions of (...) Nozick notwithstanding, cannot do alone, since it is the consideration whether we do something (e.g. bequeath, donate etc.) voluntarily (or freely) (in a non-moralized sense) that could account for the rights redistribution. Therefore, it seems that – at least sometimes – the notion of voluntariness (or freedom) is prior to the notion of rights. (shrink)

A recent paper by David Levy focuses on “utility enhancing consumption constraints.” Levy concludes by noting that his analysis stays within standard utility maximizing theory, in contrast to my analysis of rule-governed behavior which allows imperfect decisions that don't always maximize utility. I wish to show how our two theories can be integrated, thereby representing complementary, rather than conflicting, explanations. In the process, I argue that imperfect decisions are an essential factor in the stability of any rule that constrains (...) class='Hi'>freedom of choice. I also briefly discuss certain intrinsic problems with achieving “self-stabilizing” rules applied to moral teachings. (shrink)

As part of the widespread turn to narrative in contemporary philosophy, several commentators have recently attempted to sign Kierkegaard up for the narrative cause, most notably in John Davenport and Anthony Rudd's recent collection Kierkegaard After MacIntyre: Essays on Freedom, Narrative and Virtue. I argue that the aesthetic and ethical existence‐spheres in Either/Or cannot adequately be distinguished in terms of the MacIntyre‐inspired notion of ‘narrative unity’. Judge William's argument for the ethical life contains far more in the way of (...) substantive normative content than can be encapsulated by the idea of ‘narrative unity’, and the related idea that narratives confer intelligibility will not enable us to distinguish Kierkegaardian aesthetes from Kierkegaardian ethicists. ‘MacIntyrean Kierkegaardians’ also take insufficient notice of further problems with MacIntyre's talk of ‘narrative unity’, such as his failure to distinguish between literary narratives and the ‘enacted dramatic narratives’ of which he claims our lives consist; the lack of clarity in the idea of a ‘whole life’; and the threat of self‐deception. Finally, against the connections that have been drawn between Kierkegaardian choice and Harry Frankfurt's work on volitional identification, I show something of the dangers involved in putting too much stress on unity and wholeheartedness. (shrink)

Purpose The purpose of this paper is to address the following question: In times of permanent connectivity, what forms of freedom need to be considered to prevent permanent availability as an unintended consequence? By using the Hegelian perspective on freedom, the paper categorizes three forms of freedom to transfer them to a common, contemporary understanding of freedom relating it to freedom through human-to-human digital communication. The aim is to show that freedom is not only (...) about independence and realizing choices but also about embedding and committing oneself. Design/methodology/approach This mainly conceptual paper derives implications based on the Hegelian theory. This is supplemented by an interdisciplinary approach, whereby categories of other philosophers, ethicists, economists and sociologists are applied. The analysis of the contemporary perspective on freedom is enriched by referencing empirical studies. Findings Digital communication offers new freedom such as working with fewer restrictions from time and space, especially for knowledge workers. It is theoretically possible to work 24 h per day from anywhere, as well as to decide on the final location and timing of one’s work. When solely focusing on these – seemingly advantageous – forms of freedom in times of permanent connectivity, unintended consequences such as the expectation of permanent availability develop. The key message of the paper is that considering one’s temporal and social dependencies is an indispensable part of actual freedom to avoid unintended consequences. Practical implications Organizations need to invest in moral discernment to understand unintended consequences, as well as to cope with them. Originality/value Applying the Hegelian theory on freedom based on digital communication to better understand social dynamics of digital communication is a largely unexplored avenue in the existing scientific literature. The decision to undertake this venture resulted from the identified necessity of understanding freedom better. It is often not clear what is meant by freedom through digital communication. Although freedom is a complex construct, it is often reduced to independence/having a choice and realizing choices. When solely focusing on independence and realizing choices, unintended consequences such as permanent availability often go unnoticed. It is exactly because of these issues that this paper endeavors to examine the meaning of the powerful, yet complex, term of freedom. (shrink)

Extensive social choice theory is used to study the problem of measuring group fitness in a two-level biological hierarchy. Both fixed and variable group size are considered. Axioms are identified that imply that the group measure satisfies a form of consequentialism in which group fitness only depends on the viabilities and fecundities of the individuals at the lower level in the hierarchy. This kind of consequentialism can take account of the group fitness advantages of germ-soma specialization, which is not (...) possible with an alternative social choice framework proposed by Okasha, but which is an essential feature of the index of group fitness for a multicellular organism introduced by Michod, Viossat, Solari, Hurand, and Nedelcu to analyze the unicellular-multicellular evolutionary transition. The new framework is also used to analyze the fitness decoupling between levels that takes place during an evolutionary transition. (shrink)

Following an Open conception of Divine Foreknowledge, that holds that man is endowed with genuine freedom and so the future is not definitely determined, it will be claimed that human freedom does not limit the divine power, but rather enhances it and presents us with a barrier against arbitrary use of that power. This reading will be implemented to reconcile a well-known quarrel between two important interpreters of Duns Scotus, Allan B. Wolter and Thomas Williams, each (...) of whom supports a different interpretation of the way God acts according to right reason. (shrink)