Legal decision-making emphasizes, in a very self-conscious way, the justificatory significance of reasons. This paper argues that the obligation to provide reasons for choices, which must be articulated and structured around a set of generally shared and publicly comprehensible categories of thought, can serve to make the space of possible choices ‘concept sensitive’ in a very useful way. In particular, concept sensitivity has the effect of restricting certain movements within the choice space so that some of the systematic difficulties in (...) achieving an equilibrium in social choice which arise out of an excess of rational doing are avoided. The resulting equilibrium is path dependent. But because it is dependent on a choice path which ‘makes sense’ (or is ordered by thought precisely because it is concept sensitive), it is not the sort of arbitary path-dependent social choice which originally concerned Kenneth Arrow. This paper illustrates these points with examples from criminal law procedure, contract law and constitutional law. (shrink)

In this book, Bruce Waller attacks two prevalent philosophical beliefs. First, he argues that moral responsibility must be rejected; there is no room for such a notion within our naturalist framework. Second, he denies the common assumption that moral responsibility is inseparably linked with individual freedom. Rejection of moral responsibility does not entail the demise of individual freedom; instead, individual freedom is enhanced by the rejection of moral responsibility. According to this theory of "no-fault naturalism," no one deserves either (...) blame or reward.In the course of arguing against moral responsibility, Waller critiques major compatibilist arguments-by Dennett, Frankfurt, Strawson, Bennett, Wolf, Hampshire, Glover, Rachels, Sher, and others. In addition, the implications of denying moral responsibility-for individual freedom, for moral judgments and moral behavior, and for social justice-are examined; the supposed dire consequences of the denial of moral responsibility are challenged; and the benefits of denying moral responsibility are described. Author note: Bruce N. Waller, Assistant Professor of Philosophy at Youngstown State University, Youngstown, Ohio, is the author of Critical Thinking: Consider the Verdict. (shrink)

Many working in bioethics today are engaging in forms of normative interpretation concerning the meaningful contexts of relational agency and institutional structures of power. Using the framework of relational bioethics, this article focuses on two significant social practices that are significant for health policy and public health: the practices of solidarity and the practices of care. The main argument is that the affirming recognition of, and caring attention paid to, persons as moral subjects can politically motivate a society in three (...) respects. The recognition of solidarity and the attention of care can prompt progressive change toward a democratic willingness: (a) to provide for equal respect for rights and dignity; (b) to provide the social resources and services needed for just health and well‐being; and (c) to focus its creativity and wealth on the actualization of potential flourishing of each and all. Solidarity is discussed as a morally developmental stance that moves from standing up for another, standing up with another, and standing up as another. Care is discussed as a morally developmental stance that moves from the attentive rehabilitation of another, attentive companionship with and for another, and attentive commitment to another. (shrink)

Morphological elements, or structures, are sorted into four categories depending on their level of anatomical isolation and the presence or absence of intrinsically identifying characteristics. These four categories are used to highlight the difficulties with the concept of structure and our ability to identify or define structures. The analysis is extended to the concept of homology through a discussion of the methodological and philosophical problems of the current concept of homology. It is argued that homology is fundamentally a similarity based (...) concept rather than a phylogenetic concept, and a proposal is put forth to return to a comparative context for homology. It is shown that for both the concepts of structure and homology ana priori assumption of stable underlying patterns (i.e. archetypes) is essential. (shrink)

In their target article, “Proposed Principles for International Bioethics Conferencing: Anti-Discriminatory, Global, and Inclusive,” Jecker et al. (2024) highlight the growing international scope o...

Heartbeat bills are laws prohibiting abortion in most circumstances once a fetal heartbeat can be detected, and are common in US states. They have been criticised as poorly designed and disingenuous. In this letter to the editor I examine these criticisms.

Innovation is fundamental to cumulative culture, allowing progressive modification of existing technology. The authors define innovation as an asocial process, uninfluenced by social information. We argue that innovation is inherently social – innovation is frequently the product of modifying others' outputs, and successful innovations are acquired by others. Research should target examination of the cognitive underpinnings of socially-mediated innovations.

Performing reason: Mendelssohn on Judaism and enlightenment -- Jacobi and Mendelssohn: the tragedy of a messianic friendship -- In the year of the Lord 1800: Rosenzweig and the Spinoza quarrel -- Reinhold and Kant: the quest for a new religion of reason -- Beautiful life: Mendelssohn, Hegel, and Rosenzweig -- Mendelssohn, Rosenzweig, and political theology: beyond sovereign violence -- Beyond 1800: an immigrant Rosenzweig.

Keith Thomas: Gerald Edward Aylmer, 1926-2000 Adrian Hollis: William Spencer Barrett, 1914-2001 Bruce Williams: Charles Frederick Carter, 1919-2002 Malcolm Mackintosh: John Erickson, 1929-2002 J. H .R. Davis: Raymond William Firth, 1901-2002 F. M. L. Thompson: Hrothgar John Habakkuk, 1915-2002 A. W. Price: Richard Mervyn Hare, 1919-2002 Hugh Lloyd-Jones: Geoffrey Stephen Kirk, 1921-2003 Michael Lapidge and Peter Matthews: Vivien Anne Law, 1954-2002 Ann Moss: John Lough, 1913-2000 Terence Cave: Ian Dalrymple McFarlane, 1915-2002 Ludwig Paul: David Neil MacKenzie, 1926-2001 Peter (...) Birks: John Kieran Barry Moylan Nicholas, 1919-2002 Jonathan Shepard: Dimitri Dimitrievich Obolensky, 1918-2001 David Cannadine: John Harold Plumb, 1911-2001 Daniel Waley: Nicolai Rubinstein, 1911-2002 Ian Wood: John Michael Wallace-Hadrill, 1916-1985 R. G. M. Nisbet: William Smith Watt, 1913-2002 G. W. Bernard: Richard Bruce Wernham, 1906-1999. (shrink)

I explore various ways in which the karma we create is believed to affect our environment, which in turn is instrumental in rewarding or punishing us according to our just deserts. I argue that the problem of explaining naturalistically the causal operation of the law of karma and of accounting for the precise moral calculation it requires point to the necessity of a theistic administrator. But this option faces a serious dilemma when attempting to specify the relation of God to (...) the law of karma. (shrink)

Recognition of legal personhood in contemporary international and domestic law is a matter of signs. Those signs identify the existence of the legal person: human animals, corporations and states. They also identify facets of that personhood that situate the signified entities within webs of rights and responsibilities. Entities that are not legal persons lack agency and are thus invisible. They may be acted on but, absent the personhood that is communicated through a range of indicia and shapes both legal and (...) popular understanding of powers and obligations, they lack standing in judicial fora. They are signified as entities that are the subjects of action by legal persons, for example exploitation through rights regarding natural resources or commodification of ‘wild’, companion and other non-human animals. They are also signified as members of a diverse class of non-persons such as ‘nature’ and ‘the environment’. This article explores the consequences of law’s signification of personhood and the natural world before asking whether we both should and could recognise domains such as specific rivers, forests or even Antarctica as a type of legal person. Recognition might acknowledge the salience of nature in the ontologies of colonised First Peoples. It might also underpin a global response to climate change as the existential crisis of the Anthropocene. In understanding law as a matter of signifiers and syntaxes the article cautions that ostensible recognition of some domains as persons has been aspirational rather than substantive, with observers misreading the sign as necessarily transforming power relationships. The article also cautions that personhood for nature or particular domains may be contrary to the self-determination of colonised First Peoples. (shrink)

This chapter contains sections titled: A‐theories, T‐theories, and P‐theories Problems with A‐theories and T‐theories Predication Advantages of P‐theories A New Look at Some Old Examples What are Concepts? Some Problems about DSTs More about Concepts The Plausibility of the P‐theory.

Defeasible rules are said to allow for the following two-staged sequence, viz., that p → q and yet p & r → not-q. This is puzzling because in the logic of conditionals the sufficiency of p for q cannot normally be undermined if one adds to the antecedent a further proposition r. Critics argue that the better approach to comprehending defeasibility is explicitly to represent the limiting factor r in a single-stage articulation of the rule, viz., as p & not-r (...) → q. This is a more complete statement of the rule; where the old rule announced, confidently and without qualification, that in circumstances or class of cases p consequence q follows, the new rule admits from the outset that q only follows if we add the qualifier that limits the antecedent circumstances to the smaller class of cases p & not-r. This is not only more complete, the critics argue, it is also a more accurate or truthful statement of the rule. The rule p → q, articulated at the first stage of the defeasible process, is only a pretender encountered along the way to this more complete truth. In this paper I show how, and why, contrary to the critics, the process of private law adjudication supports the multi-staged structure and representation of defeasible legal rules. What matters when one party makes a claim against another party is not so much that the claim is true (or even that it is advanced as a legitimate claim under the rule that is most likely to be true), but rather that the claim is of the sort that the party can justifiably say is true. The latter, at least, is what carries the plaintiff past the initial burden of proof, and what calls for the defendant to reply if the plaintiff is not to carry the day. I illustrate the argument by way of the court’s reluctance in a tort case to entertain a purely statistical basis for a plaintiff’s claim that the defendant has caused her injury. Rather, the court will insist on direct evidence that appears to arise out of the particular circumstances of the case as the plaintiff alleges them to be, and even if, as a purely statistical matter, the latter sort of claim is less likely to be true than the claim grounded in pure statistical likelihood. I relate this argument for defeasible rules (and against rules that are more truthful) to some important arguments offered by the philosopher Stephen Darwall in his recent book The Second Person Viewpoint. Private law’s defeasible rules, I argue, capture the special respect (and interpersonal accountability) that attaches only to rights arising out of “second personal” claiming (and counterclaiming) and which are not realizable merely as a matter of “third personal” (moral) truth. (shrink)

An analysis of the use of "necessary" in the cosmological argument reveals that the criticism of it, i.e., that its conclusion is self-contradictory because no existential proposition can be logically necessary, is due to the mistaken contention that the necessity involved is logical rather than conditional necessity.

I explore two positions on divine goodness: God is good because of his nature or is good because of his acts. The first is advanced by Thomas Aquinas through two basic arguments: that God is good because of his being as pure act, and that God is good because of God's desirableness. Goodness predicated because of being runs into conflict with divine freedom. The second leads to the view that God freely wills to do the good and as such could, (...) if he so chose, do evil. But though doing evil is a logical possibility, for God it is a moral impossibility, given his character and dispositions. I conclude by replying to four objections to this position. (1) If God deviated from the moral law, he would not be God. Hence, it is logically impossible for God to do wrong. (2) This view implies a standard of good independent of God. (3) We cannot term God as praiseworthy, for God is goodness itself. (4) That God is logically contingently good diminishes God's holiness. (shrink)

We ask God to involve himself providentially in our lives, yet we cherish our freedom to choose and act. Employing both theological reflection and philosophical analysis, the author explores how to resolve the interesting and provocative puzzles arising from these seemingly conflicting desires. He inquires what sovereignty means and how sovereigns balance their power and prerogatives with the free responses of their subjects. Since we are physically embodied in a physical world, we also need to ask how this is compatible (...) with our being free agents. Providence raises questions about God's fundamental attributes. The author considers what it means to affirm God's goodness as logically contingent, how being almighty interfaces with God's self-limitation, and the persistent problems that arise from claiming that God foreknows the future. Discussion of these divine properties spills over into the related issues of why God allows, or even causes, pain and suffering; why, if God is all-knowing, we need to petition God repeatedly and encounter so many unanswered prayers; and how miracles, as ways God acts in the world, are possible and knowable. Throughout, the author looks at Scripture and attends to how providence deepens our understanding of God and enriches our lives. (shrink)

At the end of Frank Ramsey’s “General Propositions and Causality” ([1929b] 1990), he offers an enigmatic footnote that briefly describes his philosophy of science as a “forecasting theory”. What he means by this and by a “forecast” is unclear. However, elsewhere in his unpublished notes, he uses the term sporadically. An examination of those notes reveals the skeleton of a behavioral theory of mind. Ramsey held that all actions are at root driven by the sum total of a person’s dispositions (...) or habits. These habits operate in an unconscious process that produces psychological expectations about the realization of desires. When those expectations are frustrated, the violation is registered consciously to the individual as a proposition, and the offending habit is identified. Humans can then regulate and change those habits by the conscious application of logic through deliberation. The applicable logic is Ramsey’s decision theory, which aims to make beliefs probabilistically coherent by adopting the laws and chances that signify the habits people might use for guiding behavior. The outcome of this deliberation is to refashion psychological expectations as mathematical expectations on laws and chances. These mathematical expectations are forecasts, and a forecasting theory of science takes scientific theories to provide forecasts. (shrink)

The relationship between ethics and economics in the modern age is typically viewed as external. This view is usually articulated in the notion that for economic relations to be ethical, an ethic must be imposed. Otherwise, economic relations are amoral. I try to show how the relationship is actually best explained by adopting an explanatory framework of inter-dependent arising, according to which the emergence and development of both ethical and economic relations is a matter of mutual determination. Ethical values emerge (...) in the course of developing economic relations and, in turn, direct or at least implicate economic relations. The consequences of such a view, however, are that exchange values inform moral concepts and moral concepts help frame economic ones. I offer an argument that starts with a description of an historical relationship between two disparate cultures. The interactions between these cultures were determined initially by trade and then military interests. These interests eventually underwent pressure to evolve into legal and even religiously informed arrangements that necessarily involved certain moral values. Using a presupposition analysis, I show how this evolution was no accident and did not depend on some agent imposing the moral values onto the relationship. Rather, those values arose as a matter of course. In conclusion, the paper advances the idea that, since the relationship between ethics and economics is internal, the ethics of economic relations needs to be formulated more in terms of understanding what economic relations are fundamentally designed to achieve. (shrink)