In his analysis of the concept of causality, Hume finds that all events accounted causes and effects are contiguous and successive. No object can act efficaciously upon another so long as the objects are at a distance from each other. It may sometimes appear that “distant objects are productive of one another,” but on examination it is discovered that they are linked together by a series of intermediate causes which are contiguous among themselves; and even where examination does not directly (...) disclose the intermediate causal chain, it is still presumed that it exists. Also the cause is temporally prior to the effect. If I throw a stone through a window, the smashing of the glass follows the act of throwing the stone. It is only after the realization of the cause that the effect appears. Thus a cause is an object that is precedent to and contiguous with another object that is called the effect. (shrink)

Alec Hyslop defends a (modified) version of the traditional analogical inference to other minds and rejects alternatives, but only after subjecting each of...

This book develops an alternative account of rights according to which rights forfeiture has a much smaller role to play because rights themselves are more contextually contingent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account (...) of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible. (shrink)

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

Subjects in studies on humans are used as a means of conducting the research and achieving whatever good would justify putting them at risk. Accordingly, consent must normally be obtained before subjects are exposed to any substantial risks to their welfare. Bystanders are also often put at risk, but they are not used as a means. Accordingly—or so I argue—consent is more often unnecessary before bystanders are exposed to similar substantial risks to their welfare.

Alec Kassman; XIV*—On Punishing, Proceedings of the Aristotelian Society, Volume 77, Issue 1, 1 June 1977, Pages 221–246, https://doi.org/10.1093/aristotelian/7.

This paper examines the relations between, on the one hand, accounts of the distinction between an agent's identifying with, as opposed to feeling alienated from, their attitudes; and on the other, metaphysical accounts of action. It claims that a commitment to an event-causal conception of agency, which would analyse agency in terms of the causal potency of psychological states and events, appears to render mandatory a particular style of account of identification and alienation – namely, the hierarchical model offered by (...) Harry Frankfurt and Michael Bratman. It is argued that such accounts fall foul of a dilemma: the Authority Problem. The failure of attempts to avoid the Authority Problem is then used to motivate an attractive alternative style of account of the distinction, offered by Richard Moran. However, it is pressed that Moran's account rests on claims about agency which seem incompatible with the event-causal conception of agency. By making the links between the metaphysics of agency and accounts of identification and alienation more explicit, the paper allows us to better comprehend both the apparent need for and characteristic failures of some traditional accounts of identification and alienation, as well as make clear the action-theoretical debt incurred by those who would offer an alternative. (shrink)

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been (...) offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint (...) of delegation theory. In Part I, I introduce the basic “Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization. (shrink)

It is often argued that suspected terrorists captured in the war on terror can be detained just the same way captured enemy soldiers can: until the relevant war is over. But there is a deep disanalogy between suspected terrorists and captured enemy soldiers. Soldiers cannot be held accountable for the use of force , whereas terrorists normally can. Detaining people who can be held accountable as if they cannot is crossing an important moral line, sacrificing the rights of the individual (...) for the welfare of the whole. (shrink)

Looking back to the crisis of the Reformation and beyond, Unbelievers shows how, long before philosophers started to make the case for atheism, powerful cultural currents were challenging traditional faith. These tugged in different ways not only on celebrated thinkers such as Machiavelli, Montaigne, Hobbes, and Pascal, but on men and women at every level of society whose voices we hear through their diaries, letters, and court records. Ryrie traces the roots of atheism born of anger, a sentiment familiar to (...) anyone who has ever cursed a corrupt priest, and of doubt born of anxiety, as Christians discovered their faith was flimsier than they had believed. As the Reformation eroded time-honored certainties, Protestant radicals defended their faith by redefining it in terms of ethics. In the process they set in motion secularizing forces that soon became transformational. Unbelievers tells a powerful emotional history of doubt with potent lessons for our own angry and anxious age. (shrink)

This text meets the requirements of the OCR AS specification for critical thinking. Alec Fisher shows students how they can develop a range of creative and critical thinking skills that are transferable to other subjects and contexts.

European Journal of Philosophy, Volume 30, Issue 1, Page 245-258, March 2022.

A robust, if not absolute, prohibition on treating people merely as a means seems to sit at the core of common sense deontological morality. But the principle prohibiting such treatment, the ‘means principle’ (MP), has been notoriously hard to defend: both the subjective, intention-focused and the objective, causal-role-focused interpretations of what it means to use someone as a means face potent objections. In this paper, my goal is not to defend the MP, but to articulate and defend a new principle, (...) which I call the Restricting Claims Principle (RCP), that explains why a person’s causal role is morally significant. The RCP broadens the basic frame of relevant considerations from the MP’s concern with the dyadic relationship between agent and patient to a global balance of patient-claims on an agent. It distinguishes two kinds of patient-claims that weigh in that balance: restricting and non-restricting. In most cases, these can be distinguished as follows: Restricting claims, if respected as rights, would restrict an agent from doing what she could otherwise permissibly do if the claimant (or his property) were absent; non-restricting claims, if respected as rights, would not in that way restrict an agent. Only restricting claims press to make others worse off than if the claimant were absent. The RCP holds that restricting claims must therefore be substantially weaker than non-restricting ones. The claims of those who would be used as a means are non-restricting, while the claims of those who would be harmed as a side effect are restricting. Thus the RCP can account for the same cases (mostly) as the MP, without having to rely on the MP to do so. (shrink)

We are likely to have immersive virtual reality and ubiquitous augmented reality in the coming decades. At least some people will use extended reality or “the metaverse” to work, play and shop. In order to achieve the best possible versions of this virtual future, however, we will need to learn from three decades of regulating the Internet. The new virtual world cannot consist of walled corporate fiefdoms ruled only by profitmaximization. The interests of workers, consumers and citizens in virtuality require (...) proactive legislation and oversight. -/- This white paper first addresses the central question the metaverse poses, whether virtual life is inherently more alienating and less authentic than face-to-face life experiences. This question is both a philosophical question about the nature of the good life and an empirical question about the accumulating evidence about the impacts of the digital on subjective well-being. -/- . (shrink)

What economic conditions are necessary for us to arrive at a post-work future, and what should a post-work future look like? This chapter argues that only through the democratization of core economic institutions can we properly experiment with post-work imaginaries. I argue, based on principles of participatory autonomy and relational equality, for the democratization of workplaces, finance and investment, and the knowledge commons. Given these necessary structural changes, the possibility of a post-work future becomes a democratic choice by placing democratic (...) decision-making power in the hands of those who are directly affected by workplace decisions, investment decisions, and the collective production of knowledge. Through this democratization process, the potential to reduce working hours, the possibility of building meaningful work, and the chance to decenter work as the mechanism for economic security and meaning-making, all become subject to democratic deliberation and decision-making. (shrink)

In her latest writing on the trolley problem, 'Turning the Trolley,' Judith Jarvis Thomson defends the following counter-intuitive position: if confronted with a choice of allowing a trolley to hit and kill five innocent people on the track straight ahead, or turning it onto one innocent person on a side-track, a bystander must allow it to hit the five straight ahead. In contrast, Thomson claims, the driver of the trolley has a duty to turn it from the five onto the (...) one. Thomson’s argument is fundamentally flawed in several important ways. We explain her argument and identify its major flaws. Our aims are: (a) to show that Thomson has not provided reason to think such an act is not permissible, and (b) to use the process of exposing the weaknesses in different parts of her argument to demonstrate the importance of undertaking what we call a Hohfeldian analysis of the 'mechanics' of the rights in play. A Hohfeldian 'mechanics' of rights extends the distinctions that Hohfeld first introduced to take into account the pro tanto normative 'forces' at work on an agent, the balance of which determines who in the end has what kind of right. (shrink)

The moral justification for targeted killing turns on it being justified as an act of self-defense. That justification can be assessed by addressing five questions: Is the targeted person a threat who lacks the right to threaten? Has the targeted person forfeited some of her claim not to be killed? Even if the answer to the first two questions is positive, is targeted killing a necessary and proportionate response? Is the evidence in favor of targeted killing high enough to meet (...) the relevant standard of proof? And insofar as a person is selected for targeting from a larger group of possible targets, is the selection justifiable? The legal justifiability of targeted killing should aim to track, as much as problems of administrability and limiting unwanted effects allow, the answers to those moral questions. (shrink)

It may be argued that Joyce's work can be seen either as the defining text of a real and historically grounded nationhood or, conversely, as the defining text of an imaginary and ahistorical nationhood. It may in other words be viewed as either epical or Utopian—and as addressing a modernist predilection for either of those forms. But it may also be argued that Joyce's work might paradoxically be seen as both of these things and that Joyce's writing is able to (...) suspend and maintain such contradictory positions in a synthetic harmony through its uses of ambiguity and irony. Indeed, it might also be argued that Joyce herein offers the conditions of possibility of a realizable and sustainable mode of Utopianism—a .. (shrink)

The fraught ideological relationship between liberalism and imperialism has been theorized primarily through the British, French, and American empires. This article moves beyond the experiences of these “great powers” by turning to Spain and its preeminent twentieth-century liberal thinker, José Ortega y Gasset. Unlike his British, French, and American counterparts, Ortega articulated liberalism not to promote or defend the forging of empire but rather to cope with the disorienting effects of its unequivocal loss in the wake of the Spanish–American War. (...) The experience of imperial loss, I argue, informed Ortega’s call for a “new liberalism” that could enable Spain’s national and cultural renewal. Reading Ortega’s thought in this context thus reveals the lasting impact that imperial dispossession can have upon certain strands of liberalism. It also suggests that, in order to fully capture the relationship between liberalism and empire, it is necessary to incorporate a wider range of historical sources and imperial trajectories. (shrink)

Isabel Paterson is the founding godmother of the libertarian movement, known best for her book The God of the Machine, which Ayn Rand credited for having done “for capitalism what the Bible did for Christianity.” Often overlooked is her twenty-five-year career as a literary columnist for the New York Herald Tribune. Culture and Liberty: Writings of Isabel Paterson, edited by Stephen Cox, presents a selection of those columns along with private letters and other essays. They are a treasure. Paterson’s critical (...) performances show us a systematic yet unpredictable mind at work—a model not only of the first but also of any future libertarian worthy of the name. (shrink)