The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The (...) final part discusses more interesting but neglected questions about the scope of accommodation necessary to support fully meaningful autonomous activity. (shrink)

This article explores the ethical architecture of the ‘beneficiary pays’ principle, which holds that agents can come to possess remedial obligations of corrective justice to others through the involuntary receipt of benefits stemming from injustice. Advocates of the principle face challenges of both persuasion and limitation in seeking to convince those unmoved of its normative force, and to explain in which cases of benefiting from injustice it does and does not give rise to rectificatory obligations. The article considers ways in (...) which advocates of the principle might seek to win over those sceptical of its merits by employing a modified principle which sidesteps the issue of enforceability, before considering the question of whether the argument can be expanded from cases of benefiting from wrongdoing specifically to other sorts of situation where one agent involuntarily benefits from another's loss. (shrink)

Dans cet article, nous présentons une formulation néo-aristotélicienne de la doctrine du juste milieu. Nous commençons par décrire la formulation classique de la doctrine par Aristote, telle qu'elle est exposée dans l’Éthique à Nicomaque. Nous présentons en outre les éléments fondamentaux qui régissent les matrices de concepts (Franceschi 2002). Nous proposons ensuite une nouvelle formulation de la doctrine du juste milieu, directement dérivée de la structure-même des matrices de concepts. Nous comparons également la présente formulation de la (...) doctrine du juste milieu avec celle d'Aristote, en mettant en évidence les points communs et les différences. Nous proposons aussi une interprétation de la formulation aristotélicienne de la doctrine du juste milieu. Enfin, nous montrons comment la version néo-aristotélicienne de la doctrine du juste milieu permet de répondre à plusieurs objections, et notamment à celles qui ont été classiquement soulevées à l’encontre de sa version aristotélicienne. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of this (...) paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)

Was Aristotle the ‘father’ and founder of the epigenesis doctrine? Historically, I will argue, this question must be answered with ‘no’. Aristotle did not initiate and had no access to a debate that described itself in terms of ‘epigenesis’ and ‘preformation’, and thus cannot be considered the ‘father’ or founder of the epigenesis-preformation controversy in a literal sense. But many ancient accounts of reproduction and embryological development contain analogies to what early modern scientist called ‘epigenesis’ and ‘preformation’, and, in (...) this analogous sense, Aristotle can be considered a precursor of the epigenesis-preformation controversy. But is Aristotle’s position actually epigenetic, as most of the traditional interpreters hold, or preformationist, as some of the recent scholars believe? I will argue against the one-sidedness of both readings that Aristotle’s account of reproduction and heredity contains mainly epigenetic, but also a few preformationist characteristics. Whereas, for instance, Aristotle’s idea of a successive development of the embryo’s parts is doubtlessly epigenetic, Aristotle’s idea that the development of the embryo is an actualization and enlargement of potential parts, which are simultaneously present in the semen, can be considered a preformationist feature. (shrink)

In his article, “Equality as a Moral Ideal”, Harry Frankfurt argues against economic egalitarianism and presents what he calls the “doctrine of sufficiency.” According to the doctrine of sufficiency, what is morally important is not relative economic equality, but rather, whether somebody has enough, where “having enough” is a non-comparative standard of reasonable contentment that may differ from person to person given his/her aims and circumstances. The purpose of this paper is to show that Frankfurt’s original arguments in (...) support for his doctrine of sufficiency have critical problems that Frankfurt himself does not properly recognize. In the end, I will argue that in order to solve these problems the doctrine of sufficiency cannot help but to incorporate certain prioritarian commitments – commitments which many would view as implying economic egalitarianism. This is embarrassing for a doctrine whose raison d’être was mainly to defeat economic egalitarianism. (shrink)

The Doctrine of Specific Nerve Energies has been and continues to be enormously influential in the physiology, psychology, and philosophy of perception. In simple terms, the Doctrine states that we directly perceive in the first instance the activity of our nerves, rather than properties in the external world. The canonical early statement of the Doctrine by the physiologist Johannes Peter Müller had profound influence on both the phi- losophy and psychology of the 19th and early 20th centuries, (...) especially as reformulated and transmitted by Müller’s student Helmholtz. A common assumption of historical and ongoing debate about the Doctrine has been its supposedly idealist or skeptical implications. What is not commonly recognized is that Müller himself ad- vanced a realist interpretation along lines that would be recognized today as a form of epistemic structural realism. This paper analyzes Müller’s structuralist epistemology in detail and reconstructs his articulation and defense of the Doctrine of Specific Nerve Energies in its canonical form. Part II argues for the continued im- portance of the Doctrine and its structuralist interpretation for contemporary psychology, philosophy of per- ception, and history of philosophy of science. (shrink)

In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory state, (...) I place the primary focus of this article on how the doctrine should apply in context to judicial evaluation of the regulatory state. In so doing, I discover that the Court’s current reliance on constitutional separation of powers and checks and balances analyses seem too narrow both with respect to the concerns of the founding generation but also, and perhaps more importantly, to the Constitution’s goals for the kind of government it sought to establish going into the future. (shrink)

This book configures a consistent epistemology of biolaw that distinguishes itself from bioethics and from a mere set of international instruments on the regulation of biomedical practices. Such orthodox intellection has prevented biolaw from being understood as a new branch of law with legally binding force, which has certainly dwindled its epistemological density. Hence, this is a revolutionary book as it seeks to deconstruct the history of biolaw and its oblique epistemologies, which means not accepting perennial axioms, and not seeing (...) paradigms where only anachronism and anomaly still exist. It is a book aimed at validity, but also at solidity because the truth of biolaw has never been told before. In that sense, it is also a revealing text. The book shapes biolaw as an independent and compelling branch of law, with a legally binding scope, which boosts the effectiveness of new deliberative models for legal sciences, as well as it utterly reinforces hermeneutical and epistemological approaches, in tune with the complexity of disturbing legal scenarios created by biomedical sciences’ latest applications. This work adeptly addresses the origins of the European biolaw and its connections with American bioethics. It also analyses different biolaw’s epistemologies historically developed both in Europe and in the United States, to finally offer a new conception of biolaw as a new branch of law, by exploring its theoretical and practical atmospheres to avoid muddle and uncertainty when applied in biomedical settings. This book is suitable for academics and students of biolaw, law, bioethics, and biomedical research, as well as for professionals in higher education institutions, courts, the biomedical industry, and pharmacological companies. (shrink)

One's conception of the conditions and applicability of the principle of double effect derive from one's broader convictions about moral methodology. Developed in a Catholic context which presumed the existence of moral absolutes, the principle of double effect was originally a conceptual tool to aid priests in being skilled confessors. In recent decades, as the practice of moral theology has become less connected with its earlier ecclesial and sacramental context, the principle of double effect has fallen into an epistemological crisis. (...) Contemporary moral theological discussion of the principle of double effect usually operates in one of the following four contexts: interpretation of Aquinas; in relation to manualist casuistry; as understood within proportionalist methodology; as defended within the new natural law methodology. The essay argues that juridically-oriented methodologies do not adequately sustain the principle of double effect. To be sustained, it must be viewed as a theological achievement based upon the meaning of our redemption in Christ and the concomitant possibilities regarding our actions in pursuit of our true good and true end. (shrink)

_Philosophical Theology and Christian Doctrine_ surveys and comments on recent work by philosophers of religion in the analytic tradition on the doctrines of the Christian creed. Topics covered include creation, Incarnation, Trinity, salvation and eschatology, and the ultimate future of creation. Comprehensive survey of core Christian doctrines.

Should a theory of meaning state what sentences mean, and can a Davidsonian theory of meaning in particular do so? Max Kölbel answers both questions affirmatively. I argue, however, that the phenomena of non-homophony, non-truth-conditional aspects of meaning, semantic mood, and context-sensitivity provide prima facie obstacles for extending Davidsonian truth-theories to yield meaning-stating theorems. Assessing some natural moves in reply requires a more fully developed conception of the task of such theories than Kölbel provides. A more developed conception is also (...) required to defend his positive answer to the first question above. I argue that, however Kölbel might elaborate his position, it can’t be by embracing the sort of cognitivist account of Davidsonian semantics to which he sometimes alludes. (shrink)

Many people presume that you can permissibly support the good features of a symbol, person, activity, or work of art while simultaneously denouncing its bad features. This chapter refines and assesses this commonsense (but undertheorized) moral justification for supporting problematic people, projects, and political symbols, and proposes an analogue of the Doctrine of Double Effect called the Doctrine of Double Endorsement (DDN). DDN proposes that when certain conditions are met, it is morally permissible to directly endorse some object (...) in virtue of its positive properties while standing against its negative properties, even though it would be morally impermissible to directly endorse those negative properties themselves. These conditions include separability (the good and bad features must not be inextricably linked), proportionality (the positive value of the good features must be significantly greater than the negative value of the bad features), and constrained choice (there must not be other things that the agent could endorse instead that share the same positive features but are not saddled with the negative ones). The chapter applies these constraints to a number of practical issues, including (among others) voting for morally troubling candidates, supporting Confederate monuments, and consuming sexist art. (shrink)

This article discusses Suárez''s views concerning the transcendentals, that is, being and those attributes of it that extend to everything. In particular it explores Suárez''s notion of transcendentality and the way in which he conceived the transcendental attributes of being are related to it. It makes two claims: First, that Suárez has an intensional, rather than an extensional understanding of transcendentality; and, second, that Suárez''s understanding of truth and goodness, as expressing real extrinsic denominations based on real relations, appears to (...) contain an inconsistency. (shrink)

Author demonstrates that Russell’s conception of space and time diverges from Kant’s transcendental aesthetics and leans towards logical and mathematical topology. Russell’s approach is grounded in analytical rather than synthetic judgments, contrasting with Kant’s perspective. The British philosopher develops a subjective-psychological model of space and time that complements the logical-mathematical model, serving as the foundation for human experience and cognition. This Russellian model considers the psychological aspects of perceptual and tactile space and time, highlighting their intersection in human perception, which (...) facilitates the experience. It represents a form of «return» to Kant’s subjective theory, albeit on psychological rather than transcendental principles. It is argued that Russell incorporates physical topology into subjective-psychological space and time because he views things as physical objects rather than a complex of sensory associations. This incorporation is indicative of Russell's commitment to neorealism. (shrink)

This essay focuses on the development of Latin semiotics from Ockham to Poinsot as it took place mainly in the Iberian university world, with a discussion of the consequences of that development for logic and philosophy today.

My dissertation proposes a novel interpretation of Kant’s doctrine of transcendental idealism as presented in the Critique of Pure Reason. I aim to give a consensus interpretation by overcoming past errors in interpreting this doctrine. I support my interpretation through a textual exegesis of the Critique of Pure Reason with a special focus on the direct and indirect proofs of transcendental idealism. Transcendental idealism is the doctrine that objects of our experience, space, and time, when taken as (...) they would be outside our possible experience, are nothing but mere representations. However, this does not make them into illusions. This is because Kant takes objects of our experience, space, and time to be empirically real. Empirical realism is the doctrine that objects of our experience, space, and time, when taken within our possible experience, exist independently of us. Yet, their empirical reality is not grounded in things in themselves, about whose existence Kant is agnostic. Instead, the reality of objects of our experience, space, and time depend on a standard of empirical reality that differs from the standard of transcendental reality. This separate standard of empirical reality allows Kant to hold transcendental idealism and empirical realism at the same time. Finally, while not strictly part of the doctrine of transcendental idealism, I answer the question of the relation of appearances and things in themselves. The distinction between appearances and things in themselves is a metaphysical distinction between two different ways of being, i.e., objectivity, properties, existence, reality. Yet, this is a metaphysical distinction within the same concept of an object. Thus, appearances and things in themselves are the same object conceptually that is determined metaphysically in two different ways. (shrink)

This paper provides a plausible answer to the question of how God created. In addition, it explores an additional reason, beyond those related to the debate over God’s relationship to abstract objects, for thinking theistic activism true. Specifically, a new model of God’s creative activity—the activist model—will be offered that satisfies key desiderata with respect to the nature of God’s perfect power to create.

Zhu’s doctrine of “liyi fenshu” shows the balanced ecological transmission of pattern among phenomena. However, used as an ideology it becomes a tool of the central authority. The author takes this...

: Newhard recommends that anarcho-capitalist societies acquire nuclear weapons and adopt aggressive territorial-defense postures. This paper substantiates the argument for the necessity of such actions under reasonable assumptions. In particular, these societies are likely to be relatively small in geographic size, population, and economic output, inhibiting strategic depth and military spending. Deterrence and defense will […].

Journal of Philosophy of Education, EarlyView.

Dans cet ouvrage rare et magistral, l’auteur, qui est un contemplatif cistercien, livre le fruit de quarante années de réflexion. Il s’appuie, du côté de l’Occident, sur les Pères et Docteurs de l’église les plus autorisés, tel saint Thomas, et, du côté de l’Orient, sur les maîtres révérés, comme Cankara et Ramakrishna. Le sous-titre de l’ouvrage dit bien le but de l’auteur : après avoir étudié le non-dualisme hindou – l’homme doit réaliser sa vraie nature par la compréhension intime qu’il (...) ne fait qu’un avec le Tout –, il pourra répondre à la question qui anime tout l’ouvrage : peut-on envisager légitimement un « non-dualisme « chrétien? Un livre qui compte dans les conversations qui se sont établies depuis plus de cinquante ans entre Orient et Occident. (shrink)

Duns Scotus's Doctrine of Categories and Meaning is a key text for the origins of Martin Heidegger's concept of "facticity." Originally submitted as a doctoral thesis in 1915, it focuses on the 13th-century philosopher-theologian John Duns Scotus. Heidegger first analyzes Scotus's doctrine of categories, then offers a meticulous explanation of the Grammatica Speculativa, a work of medieval grammar now known to be authored by the Modist grammarian Thomas of Erfurt. Taken together, these investigations represent an early foray into (...) Heidegger's lifelong philosophical concerns, "the question of being in the guise of the problem of categories and the question of language in the guise of the doctrine of meaning." This new and unique translation of one of Heidegger's earliest works offers an important look at his early thinking before the question of being became his central concern and will appeal to readers exploring Heidegger's philosophical development, medieval philosophy, phenomenological interpretations of the history of philosophy, and the philosophy of language. (shrink)