Litigation cannot solve a public health crisis. But litigation can be an effective complementary tool to regulation by increasing the salience of a public health issue, eliciting closely guarded information to move public opinion, and prompting legislative action. From tobacco to opioids, litigants have successfully turned to courts for monetary relief, to initiate systemic change, and to hold industry accountable For years, litigators have been trying to push firearm suits into their own litigation moment. But litigation against the gun industry (...) poses special challenges. Not only has the regulatory regime failed to prevent a public safety hazard, Congress has consistently underfunded and understaffed the relevant regulatory actors. And in 2005 it legislatively immunized the gun industry from suit with the Protection of Lawful Commerce in Arms Act. This paper surveys the field of litigation in response to gun violence, tracking the limited successes of victims and stakeholders suing the gun industry. We find that victories remain confined to individual actors and unlike high-impact public litigations in other areas, aggregate class actions and major public litigation led by state attorneys general are noticeably absent in the firearm context. (shrink)

The COVID-19 pandemic laid bare systemic inequities shaped by social determinants of health (SDoH). Public health agencies, legislators, health systems, and community organizations took notice, and there is currently unprecedented interest in identifying and implementing programs to address SDoH. This special issue focuses on the role of medical-legal partnerships (MLPs) in addressing SDoH and racial and social inequities, as well as the need to support these efforts with evidence-based research, data, and meaningful partnerships and funding.

Wie wichtig Natur für menschliches Glück ist, als Ort der Freude am Leben oder zumindest der Zuflucht, ist zuletzt vielen von uns aufgegangen. Trotzdem hat Landschaft bisher keine Lobby. Dieses unkonventionelle Buch tritt für die Schönheit der Natur ein. Es argumentiert gegen die Dominanz der anthropozentrisch-rechnenden Weltbemeisterung und für eine «ästhetische Ökozentrik». Unkonventionell ist das Buch aber auch deshalb, weil es die philosophische Arbeit an Begriff und Argument mit literarischen Passagen von grosser Leuchtkraft verbindet. Diese Passagen stammen aus Peter Kurzecks (...) Roman Vorabend. Alle fünf Kapitel : zum Leid der Igel, zur bedrohten Schönheit und Heiligkeit der Natur, zu ihrem Wert als Heimat und zu unserem besinnungslos zerstörerischen Konsum werden im Ausgang von einer solchen Passage entfaltet. Denn es braucht die Literatur in der Naturethik. (shrink)

A counteridentical is a counterfactual with an identity statement in the antecedent. While counteridenticals generally seem non-trivial, most semantic theories for counterfactuals, when combined with the necessity of identity and distinctness, attribute vacuous truth conditions to such counterfactuals. In light of this, one could try to save the orthodox theories either by appealing to pragmatics or by denying that the antecedents of alleged counteridenticals really contain identity claims. Or one could reject the orthodox theory of counterfactuals in favor of a (...) hyperintensional semantics that accommodates non-trivial counterpossibles. In this paper, I argue that none of these approaches can account for all the peculiar features of counteridenticals. Instead, I propose a modified version of Lewis’s counterpart theory, which rejects the necessity of identity, and show that it can explain all the peculiar features of counteridenticals in a satisfactory way. I conclude by defending the plausibility of contingent identity from objections. (shrink)

Those who hold that all fundamental sparse properties have dispositional essences face a problem with structural (e.g. geometrical) properties. In this paper I consider a further route for the dispositional monist that is enabled by the requirement that physical theories should be background-free. If this requirement is respected then we can see how spatial displacement can be a causally active relation and hence may be understood dispositionally.

It is commonly claimed that the universality of critical phenomena is explained through particular applications of the renormalization group. This article has three aims: to clarify the structure of the explanation of universality, to discuss the physics of such RG explanations, and to examine the extent to which universality is thus explained. The derivation of critical exponents proceeds via a real-space or a field-theoretic approach to the RG. Building on work by Mainwood, this article argues that these approaches ought to (...) be distinguished: while the field-theoretic approach explains universality, the real-space approach fails to provide an adequate explanation. (shrink)

This paper explores the prospects for using the notion of a primitive normative attitude in responding to the sceptical argument about meaning developed in chapter 2 of Saul Kripke’s Wittgenstein on Rules and Private Language. It takes as its stalking-horse the response to Kripke’s Wittgenstein developed in a recent series of important works by Hannah Ginsborg. The paper concludes that Ginsborg’s attempted solution fails for a number of reasons: it depends on an inadequate response to Kripke’s Wittgenstein’s ‘finitude’ objection to (...) reductive dispositionalism; it erroneously rejects the idea that a speaker’s understanding of an expression guides her use; it threatens to collapse into either full-blown non-reductionism or reductive dispositionalism; and there is no motive for accepting it over forms of non-reductionism such as those developed by Barry Stroud and John McDowell. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in (...) the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

In this paper, we investigate the trust-based mechanisms underlying the relationship between ethical leadership and followers’ organisational citizenship behaviours (OCBs). Based on three-wave survey data obtained from 184 employees and their supervisors, we find that ethical leadership leads to higher levels of both affective and cognitive trust. In addition, we find support for a three-path mediational model, where cognitive trust and affective trust, in turn, mediate the relationship between ethical leadership and follower OCBs. That is to say, we found that (...) ethical leadership leads to the development of cognitive trust, which subsequently influences the development of affective trust. Affective trust, in turn, induces followers to exhibit OCBs as a means of reciprocating the leader’s favourable behaviour. Our findings suggest that both affective and cognitive trust plays an important role in the social exchange processes that underlie the relationship between ethical leadership and the discretionary behaviour of followers. (shrink)

The paradox of hedonism is the idea that making pleasure the only thing that we desire for its own sake can be self-defeating. Why would this be true? In this paper, I survey two prominent explanations, then develop a third possible explanation, inspired by Joseph Butler's classic discussion of the paradox. The existing accounts claim that the paradox arises because we are systematically incompetent at predicting what will make us happy, or because the greatest pleasures for human beings are found (...) in certain special goods which hedonists cannot enjoy. On the account that I develop, the paradox is a consequence of a theory about the nature of pleasure, together with a view about the requirements of rational belief. Which of these explanations is correct, I argue, bears on central questions about how to understand the nature and extent of the paradox. (shrink)

Contemporary philosophy’s three main naturalisms are methodological, ontological and epistemological. Methodological naturalism states that the only authoritative standards are those of science. Ontological and epistemological naturalism respectively state that all entities and all valid methods of inquiry are in some sense natural. In philosophy of mathematics of the past few decades methodological naturalism has received the lion’s share of the attention, so we concentrate on this. Ontological and epistemological naturalism in the philosophy of mathematics are discussed more briefly in section (...) 6. (shrink)

Social theory between progress and apocalypse -- Autonomy and domination: Weber's cage -- Barbarism and modernity: Eisenstadt's regret -- Integration and justice: Parsons' utopia -- Despising others: Simmel's stranger -- Meaning evil -- De-civilizing the civil sphere -- Psychotherapy as central institution -- The frictions of modernity and their possible repair.

The issue of hate speech has received significant attention from legal scholars and philosophers alike. But the vast majority of this attention has been focused on presenting and critically evaluating arguments for and against hate speech bans as opposed to the prior task of conceptually analysing the term ‘hate speech’ itself. This two-part article aims to put right that imbalance. It goes beyond legal texts and judgements and beyond the legal concept hate speech in an attempt to understand the general (...) concept hate speech. And it does so using a range of well-known methods of conceptual analysis that are distinctive of analytic philosophy. One of its main aims is to explode the myth that emotions, feelings, or attitudes of hate or hatred are part of the essential nature of hate speech. It also argues that hate speech is best conceived as a family resemblances concept. One important implication is that when looking at the full range of ways of combating hate speech, including but not limited to the use of criminal law, there is every reason to embrace an understanding of hate speech as a heterogeneous collection of expressive phenomena. Another is that it would be unsound to reject hate speech laws on the premise that they are effectively in the business of criminalising emotions, feelings, or attitudes of hate or hatred. (shrink)

Classical real-valued probabilities come at a philosophical cost: in many infinite situations, they assign the same probability value—namely, zero—to cases that are impossible as well as to cases that are possible. There are three non-classical approaches to probability that can avoid this drawback: full conditional probabilities, qualitative probabilities and hyperreal probabilities. These approaches have been criticized for failing to preserve intuitive symmetries that can be preserved by the classical probability framework, but there has not been a systematic study of the (...) conditions under which these symmetries can and cannot be preserved. This paper fills that gap by giving complete characterizations under which symmetries understood in a certain “strong” way can be preserved by these non-classical probabilities, as well as by offering some results to make it plausible that the strong notion of symmetry here is the right one. Philosophical implications are briefly discussed, but the main purpose of the paper is to offer technical results to help make further philosophical discussion more sophisticated. (shrink)

The standard, foundationalist reading of Our Knowledge of the External World requires Russell to have a view of perceptual acquaintance that he demonstrably does not have. Russell’s actual purpose in “constructing” physical bodies out of sense-data is instead to show that psychology and physics are consistent. But how seriously engaged was Russell with actual psychology? I show that OKEW makes some non-trivial assumptions about the character of visual space, and I argue that he drew those assumptions from William James’s Principles. (...) This point helps us take a fresh look at the complex relationship between the two men. In light of this surprising background of agreement, I highlight ways their more general approaches to perception finally diverged in ways that put the two at epistemological odds. (shrink)

This important philosophical reflection on love and sexuality from a broadly Christian perspective is aimed at philosophers, theologians, and educated Christian readers. Alexander R. Pruss focuses on foundational questions on the nature of romantic love and on controversial questions in sexual ethics on the basis of the fundamental idea that romantic love pursues union of two persons as one body. _One Body_ begins with an account, inspired by St. Thomas Aquinas, of the general nature of love as constituted by (...) components of goodwill, appreciation, and unitiveness. Different forms of love, such as parental, collegial, filial, friendly, fraternal, or romantic, Pruss argues, differ primarily not in terms of goodwill or appreciation but in terms of the kind of union that is sought. Pruss examines romantic love as distinguished from other kinds of love by a focus on a particular kind of union, a deep union as one body achieved through the joint biological striving of the sort involved in reproduction. Taking the account of the union that romantic love seeks as a foundation, the book considers the nature of marriage and applies its account to controversial ethical questions, such as the connection between love, sex, and commitment and the moral issues involving contraception, same-sex activity, and reproductive technology. With philosophical rigor and sophistication, Pruss provides carefully argued answers to controversial questions in Christian sexual ethics. "This is a terrific—really quite extraordinary—work of scholarship. It is quite simply the best work on Christian sexual ethics that I have seen. It will become the text that anyone who ventures into the field will have to grapple with—a kind of touchstone. Moreover, it is filled with arguments with which even secular writers on sexual morality will have to engage and come to terms." —_Robert P. George, Princeton University __ "_One Body_ is an excellent piece of philosophical-theological reflection on the nature of sexuality and marriage. This book has the potential to become a standard go-to text for professors and students working on sex ethics issues, whether in philosophy or theology, both for the richness of its arguments, and the scope of its coverage of cases. " — Christopher Tollefsen, University of South Carolina_ "Alexander Pruss here develops sound and humane answers to the whole range of main questions about human sexual and reproductive choices. His principal argument for the key answers is very different from the one I have articulated over the past fifteen years. But his argumentation is at every point attractively direct, careful, energetic in framing and responding to objections, and admirably attentive to realities and the human goods at stake." —_John Finnis, University of Oxford _. (shrink)

It is argued that Weyl’s theory of gravitation and electricity came out of ‘mathematical justice’: out of the equal rights direction and length. Such mathematical justice was manifestly at work in the context of discovery, and is enough to derive all of source-free electromagnetism. Weyl’s repeated references to coordinates and gauge are taken to express equal treatment of direction and length.

This paper points out neglected considerations about the standing to blame. It starts from the observation that the standing to blame debate largely focusses on factors concerning the blamer or the relation of blamer and wrongdoer, mainly hypocrisy and meddling, while neglecting the victim of wrongdoing. This paper wants to set this right by pointing out how considerations about the victim can impact a third party’s standing. The first such consideration is the blamer’s personal relation to the victim. It is (...) argued that persons close to the victim thereby gain standing even in the presence of factors that would normally undermine it. Arguing from the well-known sexual assault case of Chanel Miller and the public reactions to it, the paper then introduces two more considerations about standing hitherto neglected. First, given that blame has an expressive function and serves to contradict expressive aspects of wrongdoings, it is argued that third-party blame can morally support the victim in the face of wrongdoing and that such support matters to victims. It is argued that this importance of third-party blame can ground standing. Thirdly and relatedly, the paper argues that insufficient collective responses to wrongdoing, i.e. when other bystanders do not respond with sufficient blaming responses, can equally ground standing of third parties. It is argued that these considerations are relevant not only for an ethics of blame broadly conceived but also for standing to blame in particular. Thereby, the paper establishes that considerations about the victim are central for discussion of the standing to blame. (shrink)

Previous research has established that goal tracking emerges early in the first year of life and rapidly becomes increasingly sophisticated. However, it has not yet been shown whether young children continue to update their representations of others’ goals over time. The current study investigates this by probing young children’s ability to differentiate between goal directed actions that have been halted because the goal was interrupted, and because the goal was abandoned. To test whether children are sensitive to this distinction, we (...) manipulated the experimenter’s reason for not completing a goal-directed action - his initial goal is either interrupted by an obstacle, or it is abandoned in favour of an alternative. We measure whether children’s helping behaviour is sensitive to the experimenter’s reason for not completing his goal-directed action by recording whether they complete the experimenter’s initial goal or the alternative goal. The results showed that children helped complete the experimenter’s initial goal significantly more often after this goal had been interrupted than after it had been abandoned. These results support the hypothesis that children continue to update their representations of others’ goals over time by the age of two, and specifically that they differentiate between abandoned and interrupted goals. (shrink)

Commentaries on Aristotle's writings have been produced since the 2nd century AD. This edition contains Greek commentaries on his work from the 3rd to the 8th centuries AD by, among others, Alexander of Aphrodiensias, Themistios, Joh. Philoponus, Simplicius in Greek.

S. 248-254: "Burckhardts Kulturkonstanten".

Professor Eckstein's book is a study of China's efforts to achieve rapid modernization of its economy within a socialist framework. Eckstein begins with an examination of economic development in pre-Communist China, specifically focusing on the resources and liabilities inherited by the new regime in 1949 and their effects on development policies. He then analyses the economic objectives of the Communist leadership - narrowing income disparities, maintaining full employment without inflation, and achieving rapid industrialization - and argues that the implementation of (...) these goals required a potent ideology capable of providing a strong faith and motivational force for the mass mobilization of resources. In discussing the methods used by the government to achieve its aims, Eckstein makes a thorough evaluation of China's general framework for economic planning, particularly in regard to the distribution and pricing of farm products and the allocation of resources in the industrial sector. The author also evaluates the radical institutional changes in property relations and in economic organization in the People's Republic of China. (shrink)

What is W. V. O. Quine’s relationship to classical pragmatism? Although he resists the comparison to William James in particular, commentators have seen an affinity between his “web of belief” model of theory confirmation and James’s claim that our beliefs form a “stock” that faces new experience as a corporate body. I argue that the similarity is only superficial. James thinks our web of beliefs should be responsive not just to perceptual but also to emotional experiences in some cases; Quine (...) denies this. I motivate James’s controversial view by appealing to an episode in the history of medicine when a researcher self-experimented by swallowing a vial of bacteria that at the time had not been studied in much detail. The researcher’s commitment to his own as-yet untested hypothesis was based in part on emotional considerations. Finally, I argue that Quine’s insistence that emotions can never be relevant to adjusting our web of belief reflects a tacit holdover of one of logical positivism’s crucially anti-pragmatist commitments—that philosophy of science should focus exclusively on the context of justification, not the context of discovery. James’s emphasis on discovery as a (perhaps the) crucial locus for epistemological inquiry is characteristic of pragmatism in general. Since Quinean epistemology is always an epistemology of justification, he is not happily viewed as a member of the pragmatist tradition. (shrink)

Several proponents of the interventionist theory of causation have recently argued for a neo-Russellian account of causation. The paper discusses two strategies for interventionists to be neo-Russellians. Firstly, I argue that the open systems argument – the main argument for a neo-Russellian account advocated by interventionists – fails. Secondly, I explore and discuss an alternative for interventionists who wish to be neo-Russellians: the statistical mechanical account. Although the latter account is an attractive alternative, it is argued that interventionists are not (...) able to adopt it straightforwardly. Hence, to be neo-Russellians remains a challenge to interventionists. (shrink)

Philosophical discussions often involve appeals to verdicts about particular cases, sometimes actual, more often hypothetical, and usually with little or no substantive argument in their defense. Philosophers — on both sides of debates over the standing of this practice — have often called the basis for such appeals ‘intuitions’. But, what might such ‘intuitions’ be, such that they could legitimately serve these purposes? Answers vary, ranging from ‘thin’ conceptions that identify intuitions as merely instances of some fairly generic and epistemologically (...) uncontroversial category of mental states or episodes to ‘thick’ conceptions that add to this thin base certain semantic, phenomenological, etiological, or methodological conditions. As this chapter discusses, thick conceptions turn out to have their own methodological problems; some may even leave philosophers in the methodologically untenable position of being unable to determine when anyone is doing philosophy correctly. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.2 (2003) 1-18 [Access article in PDF] Aesthetic Inquiry in Education:Community,Transcendence, and the Meaning of Pedagogy Hanan A. Alexander What does it mean to understand education as an art, to conceive inquiry in education aesthetically, or to assess pedagogy artistically? Answers to these queries are often grounded in Deweyan instrumentalism, neo-Marxist critical theory, or postmodern skepticism that tend to fall prey to the (...) paradoxes of radical relativism and extreme subjectivism. 1 This essay offers an alternative, communitarian account of education as an art and a neo-Kantian approach to aesthetic inquiry in education that avoids these difficulties.I begin by examining the emergence of aesthetic inquiry in education in the context of the larger qualitative revolution in educational research. The struggle to justify the qualitative turn in educational thought was initially framed in terms of two influential doctrines: that cognition and affect on the one hand, and truth, beauty, and goodness on the other, can be clearly distinguished from one another. Qualitative methods were conceived as an alternative research paradigm — a new epistemology — in keeping with Thomas Kuhn's influential book The Structure of Scientific Revolutions. 2 Qualitative research, on this account, is a cognitive endeavor aimed at discovering a form of knowledge no less valid and reliable than that produced by quantitative methodologies. This way of framing the discussion led to the dichotomizing of positivist and postpositivist epistemologies, one embracing absolutism, objectivism, and rationalism, the other relativism, subjectivism, and romanticism. 3 This approach succeeded in pointing to some serious flaws in the prevailing positivist account of social research, yet it left qualitative inquiry dependent on versions of epistemological relativism and subjectivism that philosophers of knowledge have shown to be self-contradictory and incoherent. 4 [End Page 1]Conceiving of pedagogy in aesthetic terms challenges the prevailing positivist epistemology on a deeper level because it questions the accepted distinctions between thinking and feeling, and between truth, beauty, and goodness. If art can be conceived as a form of cognitive inquiry in addition to affective expression, then the appreciation and assessment of education as art requires not merely a new research paradigm or an alternative epistemology. Rather, it entails a reshuffling of our very conception of the relations between science, art, and ethics.These concepts can be reconceived to avoid the paradoxes of radical relativism and extreme subjectivism if we recognize with Iris Murdoch that sovereignty belongs to communal conceptions of a transcendent good. Educational arts empower people to express, appreciate, and critique collective conceptions of goodness, and artistic criticism of pedagogy celebrates a sacred dimension in educational thought and practice. 5 This approach occasions a fresh look not only at the practice, appreciation, and assessment of pedagogy, but also at the very meaning of the concept of education and the sorts of inquiry that can fruitfully inform its practice. Two Dogmas of Educational Research Two dogmas have dominated educational research for most of this century: the idea that there exists a clear disjunction between the cognitive and affective domains; and the supposed radical independence from one another of truth, beauty, and goodness. 6 According to a popular view rooted in these doctrines, the search for truth is a cognitive affair governed by science, while ethics and the arts are tied to the emotions and the humanities. Inquiry into the former is objective — reliability depends on method not researcher — and into the latter, subjective — results can vary according to interpreter. In this attitude, the cognitive domain dominates the public arena through the influence and prestige of science and measurement. 7Until the middle 1970s, behavioral and social research in education expressed these dichotomies in the distinction made between quantitative and qualitative research. The former was thought to be scientific and objective, the latter, humanistic and subjective. As qualitative inquiry came into its own in the 1980s, its proponents sought justification and legitimization in accord with cognitive dominance. 8 First, they argued that qualitative research methods had checks against error as rigorous as its quantitative counterparts. 9 Later, the cognitive domain... (shrink)

The paper argues that renormalization in quantum field theory was not a radically new - and possibly ad hoc - technique to save a badly flawed theory, but rather the culmination of a methodological strategy that physicists had been applying for a long time. The strategy was to obtain reliable results from unreliable theories by making the derivation of the results independent of possible future modifications of the theory. Examples of this practice include Bohr's use of the Correspondence Principle and (...) Heisenberg's S-matrix theory. (shrink)

As the USA contends with another surge in COVID-19 cases, hospitals may soon need to answer the unresolved question of who lives and dies when ventilator demand exceeds supply. Although most triage policies in the USA have seemingly converged on the use of clinical need and benefit as primary criteria for prioritisation, significant differences exist between institutions in how to assign priority to patients with identical medical prognoses: the so-called ‘tie-breaker’ situations. In particular, one’s status as a frontline healthcare worker (...) (HCW) has been a proposed criterion for prioritisation in the event of a tie. This article outlines two major grounds for reconsidering HCW prioritisation. The first recognises trust as an indispensable element of clinical care and mistrust as a hindrance to any public health strategy against the virus, thus raising concerns about the outward appearance of favouritism. The second considers the ways in which proponents of HCW prioritisation deviate from the very ‘ethics frameworks’ that often preface triage policies and serve to guide resource allocation—a rhetorical strategy that may undermine the very ethical foundations on which triage policies stand. By appealing to trust and consistency, we re-examine existing arguments in favour of HCW prioritisation and provide a more tenable justification for adjudicating on tie-breaker events during crisis standards of care. (shrink)

CHAPTER Introduction I do not take lightly the title of this book. I believe that Scottish philosophy matters greatly and my principal aim is to say why it ...

Nehamas geeft in zijn essay een kritische reactie op de religieuze wereldvisie, en houdt een pleidooi voor het heidendom. Het heidendom zou in tegenstelling tot het monotheïsme erkennen dat er veel manieren zijn waarop mensen hun leven kunnen bevestigen, en is volgens Nehamas een combinatie tussen tolerantie en kosmopolitisme.