After surveying and criticizing some earlier definitions of "disease", we propose that a general term--malady--be used to represent what all diseases, illnesses, injuries, etc., have in common. We define a malady as the suffering, or increased risk of suffering an evil in the absence of a distinct sustaining cause. We discuss the key terms in the definition: evil, distinct sustaining cause, and increased risk. We show that the role of abnormality is to clarify these terms rather than to be used (...) directly in the definition of malady. (shrink)

Markus (2021) argues that the causal modelling frameworks of Pearl and Rubin are not ‘strongly equivalent’, in the sense of saying ‘the same thing in different ways’. Here I rebut Markus’ arguments against strong equivalence. The differences between the frameworks are best illuminated not by appeal to their causal semantics, but rather reflect pragmatic modelling choices.

Governments must determine the legal procedures by which their residents are registered, or can register, as organ donors. Provided that governments recognize that people have a right to determine what happens to their organs after they die, there are four feasible options to choose from: opt-in, opt-out, mandated active choice, and voluntary active choice. We investigate the ethics of these policies' use of nudges to affect organ donor registration rates. We argue that the use of nudges in this context is (...) morally problematic. It is disrespectful of people's autonomy to take advantage of their cognitive biases since doing so involves bypassing, not engaging, their rational capacities. We conclude that while mandated active choice policies are not problem free—they are coercive, after all—voluntary active choice, opt-in, and opt-out policies are potentially less respectful of people's autonomy since their use of nudges could significantly affect people's decision making. (shrink)

In this paper, I provide an account of the wrong that is done to women when everyday people fail to believe allegations of sexual assault made by women. I argue that an everyday person wrongs both the accuser and women causally distant from the accuser when they fail to believe the accuser’s allegation. First, I argue that there are responses that we, as everyday members of society, owe to victims of sexual assault. A condition enabling everyday people to respond in (...) the way owed to victims is that they have an outright belief that the accuser was assaulted. Actively suspending judgement about whether a crime occurred is in tension with the ability to respond to the victim in a way that supports and validates them. When an everyday person fails to have an outright belief in the truth of an allegation, they wrong the accuser because they risk failing to satisfy the conditions enabling them to fulfill their obligation to her. Second, I argue that everyday people wrong women who are causally distant from the accuser because in our social context, women are often treated in particular ways – especially in the sexual domain – because they are women. As a result, when women hear that an everyday person fails to believe a particular allegation, they easily project themselves into the accuser’s position and reasonably worry that if they were to be assaulted, they too would be met with doubt and disbelief by the people in their community. (shrink)

Empathy is an extensively studied construct, but operationalization of effective empathy is routinely debated in popular culture, theory, and empirical research. This article offers a process-focused approach emphasizing the relational functions of empathy in interpersonal contexts. We argue that this perspective offers advantages over more traditional conceptualizations that focus on primarily intrapsychic features. Our aim is to enrich current conceptualizations and empirical approaches to the study of empathy by drawing on psychological, philosophical, medical, linguistic, and anthropological perspectives. In doing so, (...) we highlight the various functions of empathy in social interaction, underscore some underemphasized components in empirical studies of empathy, and make recommendations for future research on this important area in the study of emotion. (shrink)

The paper argues that relations of probabilistic independence between evidence statements must be preserved in enumerative induction. It further shows that, given such a preservation principle, there is a straightforward Bayesian solution to Goodman's new riddle of induction.

Is there anything wrong with publishing philosophical work which one does not believe (publishing without belief, henceforth referred to as ‘PWB’)? I argue that there is not: the practice isn’t intrinsically wrong, nor is there a compelling consequentialist argument against it. Therefore, the philosophical community should neither proscribe nor sanction it. The paper proceeds as follows. First, I’ll clarify and motivate the problem, using both hypothetical examples and a recent real-world case. Next, I’ll look at arguments that there is something (...) wrong with PWB, and show that none is sound. Then, I’ll give some reasons for thinking a norm against PWB is detrimental to the profession. Do I believe these arguments? If I’m right, it shouldn’t matter. (shrink)

Übereinstimmend mit Körner versteht der Autor unter 'praktischer Philosophie' die Gesamtheit der handlungsbezogenen Disziplinen. 'Handlung' ist informationsgelenktes Verhalten eines Subjektes. Der Handlungsbegriff wird durch den handlungsbestimmenden Informationsverarbeitungsprozeß charakterisiert. Handlungstheoretische Analysen erfordern eine erkenntnismäßig differenzierte Semantik. Der Begriff der Handlung setzt die Existenz von Handlungsspielräumen voraus. Der Autor kritisiert die Unterscheidung von kognitivem und präskriptivem Sollen und zeigt, daß Normsätze einer gegebenen Bedeutung in verschiedenen pragmatischen Funktionen verwendet werden können. Es werden die Begriffe 'Normenlogik' und 'deontische Logik' einander gegenübergestellt. Die Standardsysteme (...) der deontischen Logik sind keine geeignete Basis für die normativen Disziplinen. Der Autor fordert die Ausarbeitung einer genuinen Normenlogik, in der Sollsätzen eine primäre und Darfsätzen nur eine sekundäre Rolle zukommt. (shrink)

We examined effects of exposure to unreportable images of spiders on approach towards a tarantula. Pretests revealed awareness of the stimuli was at chance. Participants high or low on fear of spiders were randomly assigned to receive computer-generated exposure to unreportable pictures of spiders or outdoor scenes. They then engaged in a Behavioral Approach Task with a live tarantula. Non-fearful participants completed more BAT items than spider-fearful individuals. Additionally, as predicted, a significant interaction = 5.12, p < .03) between fear (...) of spiders and stimulus demonstrated that spider-fearful participants exposed to spiders completed more BAT items than spider-fearful participants exposed to control stimuli . The findings support the hypothesis that exposure to unreportable feared stimuli promotes approach towards the feared object. Future research and clinical implications were discussed. (shrink)

We introduce a distinct type of choice that has yet to be addressed by self-control research: Choosing between activities that offer both delayed and immediate rewards. We describe when and why such mixed-reward choices pose challenges to self-control, and suggest that self-control in mixed-reward choices may be supported by delay discounting.

A standard view in philosophy is that knowledge entails justification. Yet recent research suggests otherwise. We argue that this admirable and striking research suffers from an important limitation: participants were asked about knowledge but not justification. Thus it is possible that people attributed knowledge partly because they thought the belief was justified. Perhaps though, if given the opportunity, people would deny justification while still attributing knowledge. It is also possible that earlier findings were due to perspective taking. This paper reports (...) further research that directly addresses these questions. Our findings support the hypothesis that knowledge entails justification on the ordinary view. (shrink)

. The author conceives rules as action‐determining ideas. They are general and of hypothetical form, and they are of three semantic types: descriptive, technological, and normative rules. The most important categorisation of normative rules is the distinction between rules of behaviour and power‐conferring rules. Both kinds of rules are necessary to establish institutions. Principles are a special kind of normative rules. The social existence of normative rules is connected with their institutionalisation as frames for action. The dynamics of rules is (...) in principle based on two elements: on socially approved habit, and/or on authorised norm creation. (shrink)

The author criticizes Kelsen's distinction between static and dynamic systems of norms and his theory of legal dynamics. The author moreover presents the institutionalist conception of legal dynamics. Kelsen's concept of static systems is incompatible with normological scepticism: The deduction of rules from a basic principle depends on additional premises; even in static systems there is a kind of dynamics produced by actual facts. Kelsen's conception of legal dynamics is also incompatible with normological scepticism and with Kelsen's demand of purity (...) of jurisprudence. In the institutionalist conception Iegal dynamics is rather conceived as an interplay of legal norms and facts. Empowering relations, the principle of co‐validity, temporal limits of norms, derogation, legal validity and the basic norm are analysed accordingly. Appendices deal with Paulson's empowering theory of legal norm and Lippold's double‐faced reconstruction of the legal order. (shrink)

Evolutionary debunking arguments draw on claims about the biological origins of our moral beliefs to undermine moral realism. In this paper, I argue that moral disagreement gives us reason to doubt the evolutionary explanations of moral judgment on which such arguments rely. The extent of cross-cultural and historical moral diversity suggests that evolution can’t explain the content of moral norms. Nor can it explain the capacity to make moral judgment in the way the debunker requires: empirical studies of folk moral (...) judgments show that they lack the kind of objectivity debunkers point to as an evolutionary contribution to our capacity for moral judgment. Thus, the empirical premise of debunking arguments lacks empirical support. (shrink)

Legal interpretations of the Uniform Determination of Death Act (UDDA) can and have evolved over time. Interpretation of the statutory term “irreversible” (circulation cannot ever resume) to mean “...

Recent evidence indicates that transcriptional bursts are intrinsically amplified by messenger RNA cytoplasmic processing to generate large stochastic fluctuations in protein levels. These fluctuations can be exploited by cells to enable probabilistic bet‐hedging decisions. But large fluctuations in gene expression can also destabilize cell‐fate commitment. Thus, it is unclear if cells temporally switch from high to low noise, and what mechanisms enable this switch. Here, the discovery of a post‐transcriptional mechanism that attenuates noise in HIV is reviewed. Early in its (...) life cycle, HIV amplifies transcriptional fluctuations to probabilistically select alternate fates, whereas at late times, HIV utilizes a post‐transcriptional feedback mechanism to commit to a specific fate. Reanalyzing various reported post‐transcriptional negative feedback architectures reveals that they attenuate noise more efficiently than classic transcriptional autorepression, leading to the derivation of an assay to detect post‐transcriptional motifs. It is hypothesized that coupling transcriptional and post‐transcriptional autoregulation enables efficient temporal noise control to benefit developmental bet‐hedging decisions. (shrink)

Machine learning (ML) trains itself by discovering patterns of correlations that can be applied to new inputs. That is a very powerful form of generalization, but it is also very different from the sort of generalization that the west has valorized as the highest form of truth, such as universal laws in some of the sciences, or ethical principles and frameworks in moral reasoning. Machine learning’s generalizations synthesize the general and the particular in a new way, creating a multidimensional model (...) that often retains more of the complex differentiating patterns it has uncovered in the training process than the human mind can grasp. Particulars speak louder in these models than they do in traditional generalizing frameworks. This creates an odd analogy with recent movements in moral philosophy, particularly the feminist ethics of care which rejects the application of general moral frameworks in favor of caring responses to the particular needs and interests of those affected by a moral decision. This paper suggests that our current wide-spread and justified worries about ML’s inexplicability—primarily arising from its reliance on staggeringly complex patterns of particulars—may be preparing our culture more broadly for a valorizing of particulars as at least as determinative as generalizations, and that this might help further advance the importance of particulars in ideas such as those put forward by the ethics of care. (shrink)

The ability to identify which citizens are democratically competent and which fall beneath the relevant standard of competence bears on numerous questions in democratic theory. These include questions about the distribution of the franchise, the type of civic education that democratic governments should provide to their citizens, and how we might prevent democratic backsliding. In this paper, we aim to identify and defend a criterion of minimal democratic competence. Specifically, we argue that a voter should be regarded as minimally democratically (...) competent with respect to a given election if and only if that voter knows how to vote for the candidates or policies that, if chosen, would not predictably bring about the end of that electoral democracy, and intends to vote that way. (shrink)

It is uncontroversial that something goes wrong with the blaming practices of hypocrites. However, it is more difficult to pinpoint exactly what is objectionable about their blaming practices. I contend that, just as epistemologists have recently done with blame, we can constructively treat hypocrisy as admitting of an epistemic species. This paper has two objectives: first, to identify the epistemic fault in epistemically hypocritical blame, and second, to explain why epistemically hypocritical blamers lose their standing to epistemically blame. I tackle (...) the first problem by appealing to an epistemic norm of consistency. I address the second by arguing that the epistemically hypocritical blamer commits to an opting-out of the set of shared epistemic standards that importantly underlies our standing to epistemically blame. I argue further that being epistemically hypocritical undermines a blamer’s standing even to judge epistemically blameworthy. (shrink)

This paper offers a defense of ‘publishing without belief’ (PWB) – the view that authors are not required to believe what they publish. I address objections to the view ranging from outright denial and advocacy of a belief norm for publication, to a modified version that allows for some cases of PWB but not others. I reject these modifications. In doing so, I offer both an alternative story about the motivations for PWB and a diagnosis of the disagreement over its (...) permissibility. The original defense focused on consequentialist reasons for allowing PWB, offering mostly defensive arguments against potential criticisms. But I argue that once we shift our focus to the reasons why authors might be prone to PWB, we see a difference in two types of motivation: whereas I imagine PWB as arising from underconfident agents, critics point to cagey or nefarious authorial practices, or authors’ failure to clarify their own degrees of belief. Underlying the debate over norms of philosophical publishing, we find two different conceptions of philosophy itself. (shrink)

When a term is used in science, we tend to integrate its origins, functions, and history to see if the term is a scientific one or comes from other fields. The term «empathy» is an example to such a case. This article challenges the widespread view that empathy is the capability of a person to understand emotions and thoughts of others. We will deconstruct the concept of empathy as an academic one by focusing on its limits. We will discuss the (...) possibility of empathy for humans in critically reconstructing the meaning of the word and its meanings from its ancient origins to contemporary research. Our question is centered on cognitive actions that enable empathy as an emotional way of understanding others. Based on our findings, we argue that the concept of empathy is a recently established academic term. As a concept, it matches with some alternative concepts such as apathy and sympathy. In rhetoric, it is the pathos of the speech that affects the speaker by emotions since no specific receptive ability of the speaker is needed. Similarly, when we use the term empathy, we should use it as a category of the sender, not that of the receiver. This concept of logical empathy opposes to the classical view of empathy studies emphasizing that empathy is a receptive category of the receiver. So, empathy is nothing else but the ability to send emotional or intellectual content suitable to a capable receiver. Also, the comparative study in the concept of empathy in Buddhism gives us evidence that empathy is a spiritual or mental concept whose applications are in the area of pre-linguistic states and esoteric contexts. In rhetorical terms we could define it as a persuasive mood of pathos-driven speech. (shrink)

El desarrollo de la presente investigación se sustenta en los argumentos legales y constitucionales que permiten impulsar la modernización del Estado ecuatoriano, considerando la desmaterialización de las actuaciones notariales y la manera como esta se vincula al principio de seguridad jurídica. La metodología empleada se basó en el enfoque cualitativo, de tipo descriptivo, utilizando como instrumento de recolección de datos la entrevista estructurada dirigida a notarios y abogados. Los principales resultados indican que en efecto la desmaterialización de documentos es percibida (...) como parte del proceso de modernización del Estado, y se ciñe al principio de seguridad jurídica, en virtud de los procedimientos establecidos, sin embargo, es preciso que se mantenga actualizado el sistema de información informático conforme a los adelantos tecnológicos, con el fin de lograr afianzar la confianza del usuario en el sistema, así como la constante capacitación de los servidores notariales y la simplificación de trámites para la obtención de la información. (shrink)

Contrary to the contemporary view that negation is a logical operation that modifies the mere content of a thought or judgment, but not the act of thinking or judging it, Kant maintains that negation is an act of logical apperception through which I exclude a thought or judgment from what ‘I think.’ In this paper, I argue against two interpretations of Kant’s account of logical negation. According to the first, negation is a subjective psychological act of excluding an erroneous judgment. (...) Against this, I will show that for Kant, negation is an operation of logical, not empirical apperception. The second interpretation views logical negation as an objective representation either of a relation of opposition or of non-being. I argue that, on the contrary, the logical function of negation is merely formal, not material, and therefore does not have semantic content. The paper’s final section develops a positive conception of logical negation as a formal function of judging. (shrink)

In this paper the author first presents a critical account of some basic views of Habermas' Discourse Philosophy. He points out some difficulties inherent in notions such as valid justification in argumentation theory, in the notion of ideal form of discourses, and in consensus theory of truth. Secondly, he focuses on Habermas' conceptions of validity, acceptance and legitimacy of law from the perspective of neo‐institutionalism. In particular, (i) the author argues that Habermas' definition of legal validity is unclear and unrealistic; (...) (ii) the author stresses the distinction between acceptance and acceptability; (iii) Habermas presupposes harmony between sovereignty and human rights postulates, but the present author takes into account the possibility of conflicts between autonomous popular decisions and human rights which must be resolved by methods of discursive democracy; (iv) criteria for acceptance of law cannot be fixed by a stipulative definition, but are in social discussion; (v) legitimacy is not an objective feature of valid law and presupposes an evaluation based on our political convictions. (shrink)

Journal of Applied Philosophy, EarlyView.

Rescher charakterisiert die Gesetzesaussage durch a) nomische Notwendigkeit, b) hypothetische Kraft; Gesetzeshaftigkeit sei Bereitschaft zur faktentranszendenten Anwendungeines Allsatzes. Dem wird die These gegenübergestellt, daß die Struktur des nomischen Allsatzes so zu bestimmen ist, daß die faktentranszendente Anwendung durch den Satz begründet erscheint. Dies wird durch einen Allsatz erreicht, der nicht nur über die reale Welt, sondern auch über ein System von Alternativwelten über der realen Welt spricht. Durch den nomischen Allsatz wird gleichzeitig die nomische Notwendigkeit expliziert. Die Begründung der faktentranszendenten (...) Geltung ist gleich stark wie jene der erfahrungszendenten Gehung in der realen Weh. (shrink)

We experience evidence, but experienced evidence does not entail objective validity of the evident content. There are different kinds of intuitive evidence: logical and analytical evidence, the presuppositions of realism etc.; there is intuitive evidence in the cognitive field as well as in the practical realm. Intuitive evidence is linked with the basic framework of the respective field. Intuition may be replaced by deeper intuition on the basis of new views that evoke a reconstruction of the framework. Value intuition is (...) characterized as an established opinion which seems undubitable. All persons, all groups and all institutions have actually some practical convictions on which they found their practical evaluation. (shrink)

This paper examines how the Barthesian difference between écrivains et écrivants can help analyse H.L.A. Hart’s Open Texture of the law. By comparing literary and judicial interpretation, one is able to better understand how lawyers, judges, and legislators can better interpret, use, and draft legislation and case law. In using concrete examples of legislation with regard to the phrase “cruel and usual”, this paper evaluates different interpretive techniques, uncovering key differences. In particular, it compares what implications the Death of the (...) Author would have on legislation that may be considered as vague, or open-ended. Could this mean the Death of the Legislator? What kind of impact may this have on a democracy’s authority? Ultimately, it is suggested that Barthe’s interpretive literary theories are undesirable when it comes to deciphering legislation. Indeed, more concrete and structured approaches are needed. (shrink)