The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.

The morality of interrogational torture has been the subject of heated debate in recent years. In explaining why torture is morally wrong, Kramer engages in deep philosophical reflections on the nature of morality and on moral conflicts.

This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of moral rights (...) can occur even when no one has acted wrongfully in any fashion. In so doing, it will effectively be maintaining that strict liability (i.e., liability irrespective of the presence or absence of culpability) exists in morality as well as in law. When we take account of the distinction between exoneration and extenuation, we can see that scrupulously thorough precautions are never sufficient to constitute an excuse in morality. Having made that point with some extended examples, the article goes on to consider a number of possible objections - objections that lead into discussions of some basic distinctions within moral philosophy and some central principles within deontic logic. (shrink)

Metaphysical grounding is standardly taken to be irreflexive: nothing grounds itself. Kit Fine has presented some puzzles that appear to contradict this principle. I construct a particularly simple variant of those puzzles that is independent of several of the assumptions required by Fine, instead employing quantification into sentence position. Various possible responses to Fine's puzzles thus turn out to apply only in a restricted range of cases.

We define a notion of difference-making for partial grounds of a fact in rough analogy to existing notions of difference-making for causes of an event. Using orthodox assumptions about ground, we show that it induces a non-trivial division with examples of partial grounds on both sides. We then demonstrate the theoretical fruitfulness of the notion by applying it to the analysis of a certain kind of putative counter-example to the transitivity of ground recently described by Jonathan Schaffer. First, we show (...) that our conceptual apparatus of difference-making enables us to give a much clearer description than Schaffer does of what makes the relevant instances of transitivity appear problematic. Second, we suggest that difference-making is best seen as a mark of good grounding-based explanations rather than a necessary condition on grounding, and argue that this enables us to deal with the counter-example in a satisfactory way. Along the way, we show that Schaffer's own proposal for salvaging a form of transitivity by moving to a contrastive conception of ground is unsuccessful. We conclude by sketching some natural strategies for extending our proposal to a more comprehensive account of grounding-based explanations. (shrink)

In his 2010 paper ‘Grounding and Truth-Functions’, Fabrice Correia has developed the first and so far only proposal for a logic of ground based on a worldly conception of facts. In this paper, we show that the logic allows the derivation of implausible grounding claims. We then generalize these results and draw some conclusions concerning the structural features of ground and its associated notion of relevance, which has so far not received the attention it deserves.

This chapter contains section titled: The Obligation‐to‐Obey‐the‐Law What the Law Claims Matters of Form References Further Reading.

This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of (...) jurisprudence. (shrink)

During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers -- often designated as 'perfectionists' -- have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself (...) unequivocally to one side or the other, but instead by reconceiving each of the sides and thus by redirecting the debates that have occurred between them. On the one hand, the book rejects the requirement of neutrality by contending that certain subsidies for the promotion of excellence in sundry areas of human endeavour can be proper and vital uses of resources by governments. Advocating such departures from the constraint of neutrality, the book presents a version of liberalism that can rightly be classified as 'perfectionist'. On the other hand, the species of perfectionism espoused in Liberalism with Excellence diverges markedly from the theories that have usually been so classified. Indeed, much of the book assails various aspects of those theories. What is more, the aspirational perfectionism elaborated in the closing chapters of the volume is reconcilable in most key respects with a suitably amplified version of Rawlsianism. Hence, by reconceiving both the perfectionist side and the neutralist side of the prevailing disputation, Liberalism with Excellence combines and transforms their respective insights. (shrink)

In this major new work, Matthew Kramer seeks to establish two main conclusions. On the one hand, moral requirements are strongly objective. On the other hand, the objectivity of ethics is itself an ethical matter that rests primarily on ethical considerations. Moral realism - the doctrine that morality is indeed objective - is a moral doctrine. Major new volume in our new series _New Directions in Ethics_ Takes on the big picture - defending the objectivity of ethics whilst rejecting (...) the grounds of much of the existing debate between realists and anti-realists Cuts across both ethical theory and metaethics Distinguished by the quality of the scholarship and its ambitious range. (shrink)

It is trivially true that comedians make jokes and thus are not serious; they are “just playing.” But watching Louis CK, especially his performances in Chewed Up, Shameless, and Hilarious, it is evident that he has more in mind than simply getting his audience to frivolously guffaw. I will make the case that this is so given the content of some of his humor which centers on areas of socio-political-ethical tensions that can be uncomfortable when addressed in a direct, “bona-fide” (...) communicative mode. I will concentrate upon his playful, yet serious, account of issues surrounding race and privilege which, though not obvious center-pieces, can be found in almost all of his performances. These are complex areas that are not obvious fodder for humor, and it is clear that his comedic repertoire is broad enough that he is not including these issues for lack of funnier bits. I will argue that through his humor, he at once brings to consciousness hidden biases, challenges them in a subversive manner on behalf of those harmed by cultural stereotypes, e.g., and opens up an otherwise adversarial audience to the possibility that they harbor such unwanted stereotypes—a necessary element in consciousness-raising. My account will require a brief distinction between seriousness and playfulness, a defense of the claim that we are drawn to humor even when it is used to question our cherished presuppositions, and an interpretation of thought experiments that parallels Louis CK’s comedic mechanisms in his stand-up performances and episodes from Louie. In some cases he is explicit that he is just “making shit up” (Oh My God), or, as he cautions in the setup to a story in Shameless, “it doesn’t matter cus’ I’m gonna lie to you.” But that does not take away from my point that he is serious with his humor about social reality in the same way that philosophers have traditionally “made shit up” with thought experiments for serious purposes. Louis CK employs a similar device with his humor, and in many ways is more effective than philosophers in making the implicit explicit for his (much larger) audiences who then spread his word. (shrink)

_Co-published with Kappa Delta Pi_ _The ABCs of Classroom Management_ equips teachers with a repertoire of expert strategies to develop classroom expectations and manage student behaviors. The second edition of this practical, alphabetical guide includes expansions on time-honored topics such as relationship building, communication, discipline, and behavior management, with the addition of new topics such as cyberbullying, violence prevention, social media, and substitute teachers. The newest quick reference to managing a classroom offers tried-and-true tips and specific examples of practical applications (...) in the classroom. Educators who purchase the second edition also can access ABC’s Online to find downloadable forms, samples and checklists, and links to related resources. This edition of _The ABC’s of Classroom Management_ gives future and new educators practical and informative tips and tools for managing their classrooms to apply right away so they can focus on student learning. Underlying the nuts-and-bolts entries of the book are the themes of teacher professionalism, leadership, and empowerment. Armed with a proactive attitude and the right tools that are applied purposefully and consistently, novice teachers develop their craft to become masterful educators. (shrink)

The twofold world -- Three relational realms -- What is "genuine community" -- Who is the "real I"? -- Glimpsing the "eternal thou" -- The way of "turning" -- Postscript -- Frequently asked questions -- The way of "inclusion".

The first “R” from animal research ethics prescribes the replacement of animal experiments with animal-free alternatives. However, the question of when an animal-free method qualifies as an alternative to animal experiments remains unresolved.Drawing lessons from another debate in which the word “alternative” is central, the ethical debate on alternatives to germline genome editing, this paper develops a general account of when something qualifies as an alternative to something. It proposes three ethically significant conditions that technique, method, or approach X must (...) meet to qualify as an alternative to Y: (1) X must address the same problem as Y, under an appropriate description of that problem; (2) X must have a reasonable chance of success, compared to Y, in solving the problem; and (3) X must not be ethically unacceptable as a solution. If X meets all these conditions, its relative advantages and disadvantages determine whether it is preferable, indifferent, or dispreferable as an alternative to Y.This account is then applied to the question of whether animal-free research methods qualify as alternatives to animal research. Doing so breaks down the debate around this question into more focused (ethical and other) issues and illustrates the potential of the account. (shrink)

Health technologies such as apps for digital contract tracing [DCT] played a crucial role in containing and combating infections during the COVID-19 pandemic. Their primary function was to prevent the spread of SARS-CoV-2 by consistently generating and disseminating information related to various events such as encounters, vaccinations or infections. While the functionality of DCT has been well researched, the necessity of transparency in the use of DCT and the consent to share sensitive information such as users’ health, vaccination and location (...) status remains unclear. On one hand, DCT enabled the continuous monitoring of various risk factors, including data-based calculations of infection probabilities. On the other hand, digital monitoring of health risks was closely associated with various uncertainties, such as the ambiguous storage of personal data and its potential future misuse, e.g., by tech companies or health authorities. Our contribution aims to retrospectively analyze the COVID-19 pandemic from a post-pandemic perspective and utilize it as a case study for the implementation of new technological measures. We argue that under the condition of voluntary use of DCT, transparency plays a key role in convincing individuals to install health technologies on their mobile devices, keep them activated and consent to the sharing of sensitive data. We support our argument with qualitative data from an expert survey conducted between 2020 and 2021 and analyzed according to the principles of Grounded Theory. (shrink)

_Interpreting Music_ is a comprehensive essay on understanding musical meaning and performing music meaningfully—“interpreting music” in both senses of the term. Synthesizing and advancing two decades of highly influential work, Lawrence Kramer fundamentally rethinks the concepts of work, score, performance, performativity, interpretation, and meaning—even the very concept of music—while breaking down conventional wisdom and received ideas. Kramer argues that music, far from being closed to interpretation, is ideally open to it, and that musical interpretation is the paradigm of (...) interpretation in general. The book illustrates the many dimensions of interpreting music through a series of case studies drawn from the classical repertoire, but its methods and principles carry over to other repertoires just as they carry beyond music by working _through_ music to wider philosophical and cultural questions. (shrink)

Some breeding technology applications are claimed to improve animal welfare: this includes potential applications of genomics and genome editing to improve animals’ resistance to environmental stress, to genetically alter features which in current practice are changed invasively, or to reduce animals’ capacity for suffering. Such applications challenge how breeding technologies are evaluated, which paradigmatically proceeds from a welfare perspective. Whether animal welfare will indeed improve may be unanswerable until proposed applications have been developed and tested sufficiently and until agreement is (...) reached on how to conceptualize animal welfare. Moreover, even if breeding technologies do improve animal welfare, they might be objected to on other ethical grounds. Ethical perspectives on earlier animal biotechnologies are relevant for today’s breeding technologies and their proposed applications, but may need reinterpretation. The current paper applies the concept of telos, which previously figured mainly in debates on classical genetic engineering, to genomic selection and genome editing aimed at improving animal welfare. It critiques current accounts of telos and offers an alternative conceptualization that applies to recently proposed applications of breeding technologies. This account rejects both removing the desire to pursue characteristic activities and altering animal bodies in ways that compromise their ability to perform such activities, but conditionally allows increasing robustness against environmental stress. Our account of telos enriches ethical debate on these breeding technology applications by insisting on the connection between the good life, an animal’s constitution, and its activities, thus countering reductive conceptions of welfare. (shrink)

Every problem of dirty hands is a moral conflict in which a highly unpalatable course of conduct is chosen for the sake of fulfilling a stringent moral duty, and in which either the chosen course of conduct is evil or else it would have been evil in the absence of the exigent circumstances to which it is a response. To support this conception of problems of dirty hands, this paper endeavors to elucidate the nature of moral conflicts and the nature (...) of evil. (shrink)

In two very influential papers from 2008, Tamar Gendler introduced the concept of “alief” to describe the mental state one is in when acting in ways contrary to their consciously professed beliefs. For example, if asked to eat what they know is fudge, but shaped into the form of dog feces, they will hesitate, and behave in a manner that would be consistent with the belief that the fudge is really poop. They alieve that it is disgusting, while they believe (...) it is not. This paper investigates laughter from self-proclaimed egalitarian, tolerant folk, in response to oppressive jokes that might fit the alief-model. If I merely alieve the content of a joke at which I laugh, will that constitute morally exculpating reasons for such laughter? And what else might it imply? This paper will provide insights at the intersections of humor studies, ethics, epistemology, phenomenology, and the philosophy of mind, all while being moderately and appropriately amusing. (shrink)

Inventors in the age of the Enlightenment created lifelike androids capable of playing music on real instruments. _Music and the Forms of Life_ examines the link between such simulated life and music, which began in the era's scientific literature and extended into a series of famous musical works by Haydn, Mozart, and Beethoven. Music invented auditory metaphors for the scientific elements of life (drive, pulse, sensibility, irritability, even metabolism), investigated the affinities and antagonisms between life and mechanism, and explored questions (...) of whether and how mechanisms can come to life. The resulting changes in the conceptions of both life and music had wide cultural resonance at the time, and those concepts continued to evolve long after. A critical part of that evolution was a nineteenth-century shift in focus from moving androids to the projection of life in motion, culminating in the invention of cinema. Weaving together cultural and musical practices, Lawrence Kramer traces these developments through a collection of case studies ranging from classical symphonies to modernist projections of waltzing specters by Mahler and Ravel to a novel linking Bach's _Goldberg Variations_ to the genetic code. The publisher gratefully acknowledges the generous support of the AMS 75 PAYS Fund of the American Musicological Society, supported in part by the National Endowment for the Humanities and the Andrew W. Mellon Foundation. (shrink)

Under the standard modal explication of consequence, a conclusion is a consequence of some premises just in case necessarily, if the latter are true, so is the former. Notoriously, this explication yields some results that at first glance are counter-intuitive. In particular, a necessary truth is a consequence of arbitrary premises, and premises that cannot all be true together entail arbitrary conclusions. In his paper ‘On Ground and Consequence’ (Synthese, 2021), Benjamin Schnieder introduces a novel notion of web consequence, defined (...) on the basis of the concept of ground, which, he argues, fits our intuitive conception better. Building on his idea, the present paper examines the concept of web consequence in more detail. In particular, I provide three alternative, and simpler semantic characterizations of Schnieder’s propositional logic of web consequence, two within a form of truthmaker semantics, one within a many-valued setting. I then consider some natural variations on that logic and establish their connections to well-known subclassical logics such as FDE, $$\hbox {K}_3$$ K 3, and LP. Finally, I provide sound and complete tableaux-based proof systems for each of the logics of web consequence so obtained. (shrink)

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising (...) a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. (shrink)

§1. Introduction. Asymptotic cones of metric spaces were first invented by Gromov. They are metric spaces which capture the ‘large-scale structure’ of the underlying metric space. Later, van den Dries and Wilkie gave a more general construction of asymptotic cones using ultrapowers. Certain facts about asymptotic cones, like the completeness of the metric space, now follow rather easily from saturation properties of ultrapowers, and in this survey, we want to present two applications of the van den Dries-Wilkie approach. Using ultrapowers (...) we obtain an explicit description of the asymptotic cone of a semisimple Lie group. From this description, using semi-algebraic groups and non-standard methods, we can give a short proof of the Margulis Conjecture. In a second application, we use set theory to answer a question of Gromov.§2. Definitions. The intuitive idea behind Gromov's concept of an asymptotic cone was to look at a given metric space from an ‘infinite distance’, so that large-scale patterns should become visible. In his original definition this was done by gradually scaling down the metric by factors 1/nfornϵ ℕ. In the approach by van den Dries and Wilkie, this idea was captured by ultrapowers. Their construction is more general in the sense that the asymptotic cone exists for any metric space, whereas in Gromov's original definition, the asymptotic cone existed only for a rather restricted class of spaces. (shrink)

Belief revision theories standardly endorse a principle of intensionality to the effect that ideal doxastic agents do not discriminate between pieces of information that are equivalent within classical logic. I argue that this principle should be rejected. Its failure, on my view, does not require failures of logical omniscience on the part of the agent, but results from a view of the update as _mighty_: as encoding what the agent learns might be the case, as well as what must be. (...) The view is motivated by consideration of a puzzle case, obtained by transposing into the context of belief revision a kind of scenario that Kit Fine has used to argue against intensionalism about counterfactuals. Employing the framework of truthmaker semantics, I go on to develop a novel account of belief revision, based on a conception of the update as mighty, which validates natural hyperintensional counterparts of the usual AGM postulates. (shrink)