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)

Ectogenesis, or the use of an artificial womb to allow a foetus to develop, will likely become a reality within a few decades, and could significantly affect the abortion debate. We first examine the implications for Judith Jarvis Thomson’s violinist analogy, which argues for a woman’s right to withdraw life support from the foetus and so terminate her pregnancy, even if the foetus is granted full moral status. We show that on Thomson’s reasoning, there is no right to the death (...) of the foetus, and abortion is not permissible if ectogenesis is available, provided it is safe and inexpensive. This raises the question of whether there are persuasive reasons for the right to the death of the foetus that could be exercised in the context of ectogenesis. Eric Mathison and Jeremy Davis have examined several arguments for this right, doubting that it exists, while Joona Räsänen has recently criticized their reasoning. We respond to Räsänen’s analysis, concluding that his arguments are unsuccessful, and that there is no right to the death of the foetus in these circumstances. (shrink)

How important is the concept of solidarity in our society's calculus of consent as regards the legitimacy and ethical and political support for public health, health policy, and health services? By the term “calculus of consent,” we refer to the answer that people give to rationalize and justify their obedience to laws, rules, and policies that benefit others. The calculus of consent answers questions such as, Why should I care? Why should I help? Why should I contribute to the public (...) provision of others? Consent here does not have to be a deliberate, explicit act of informed agreement. And a calculus does not have to be a quantifiable, quasimathematical operation; more often, such a calculus takes narrative form in stories that a society tells about itself and that individuals tell about their place in it. One vital function of bioethics is to inform and shape those stories. Bioethics has the potential to offer society a keener insight into and perception of what is ethically at stake in controversies concerning health, science, and society. This insight is what we shall refer to as a “moral imagination,” by which we do not mean make-believe or fantasy but, rather, the capacity to take a critical distance from the given, to think reality otherwise. The moral imagination enables one to see connections between factors at work in history, in large social and communal structures, and in the shape of one's own life, thoughts, and feelings. Here we are especially concerned with the contribution that the concept of solidarity can make to the moral imagination of bioethics. We contend that solidarity must become more widely active and explicit in bioethics analysis and argumentation as it endeavors to shape reasons for obeying norms and rules of common benefit in an open, diverse society. (shrink)

The current paper synthesizes theory and data from the field of life history (LH) evolution to advance a new developmental theory of variation in human LH strategies. The theory posits that clusters of correlated LH traits (e.g., timing of puberty, age at sexual debut and first birth, parental investment strategies) lie on a slow-to-fast continuum; that harshness (externally caused levels of morbidity-mortality) and unpredictability (spatial-temporal variation in harshness) are the most fundamental environmental influences on the evolution and development of LH (...) strategies; and that these influences depend on population densities and related levels of intraspecific competition and resource scarcity, on age schedules of mortality, on the sensitivity of morbidity-mortality to the organism’s resource-allocation decisions, and on the extent to which environmental fluctuations affect individuals versus populations over short versus long timescales. These interrelated factors operate at evolutionary and developmental levels and should be distinguished because they exert distinctive effects on LH traits and are hierarchically operative in terms of primacy of influence. Although converging lines of evidence support core assumptions of the theory, many questions remain unanswered. This review demonstrates the value of applying a multilevel evolutionary-developmental approach to the analysis of a central feature of human phenotypic variation: LH strategy. (shrink)

Center for Humans and Nature, 109 West 77th Street, Suite 2, New York, NY 10024, USA. Tel.: 212 362 7170; Fax: 212 362 9592; Email: brucejennings{at}humansandnature.org ' + u + '@' + d + ' '//--> . Abstract A fundamental question for the ethical foundations of public health concerns the moral justification for limiting or overriding individual liberty. What might justify overriding the individual moral claim to non-interference or to self-realization? This paper argues that the libertarian justification for limiting individual (...) liberty known as the ‘harm principle’ or the ‘Millian paradigm’ is inadequate as a basis of public health ethics and policy. But simply pitting some collectivist value or utilitarian criterion over against individual liberty is not theoretically satisfactory, either. John Stuart Mill himself was not a Millian, in this sense, and his utilitarianism does not pit itself against individual liberty as a situation of balancing conflicting values. A reconsideration of Mill, particularly in light of the later work of Berlin on liberty, points toward a conception of relational liberty that is crucial for public health ethics because it contains within itself the basis for its own moral limitation. CiteULike Connotea Del.icio.us What's this? (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)

The concept of consensus is often appealed to in discussions of biomedical ethics and applied ethics, and it plays an important role in many influential ethical theories. Consensus is an especially influential notion among theorists who reject ethical realism and who frame ethics as a practice of discourse rather than a body of objective knowledge. It is also a practically important notion when moral decision making is subject to bureaucratic organization and oversight, as is increasingly becoming the case in medicine. (...) Two models of consensus are examined and criticized: pluralistic consensus and overlapping consensus. As an alternative to these models, the paper argues that consensus refers to the dialogic aspects of a broader normative conception of democratic moral agency. When the preconditions for that dialogic democratic practice are met, consensus has a justificatory role in ethics; when they are not, consensus, as distinct from mere agreement, does not emerge and can have no moral authority. Keywords: applied ethics, bioethics, consensus, contract theory, democracy, discourse ethics, liberalism CiteULike Connotea Del.icio.us What's this? (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)

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.

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.

Bruce Ellis Benson puts forward the surprising idea that Nietzsche was never a godless nihilist, but was instead deeply religious. But how does Nietzsche affirm life and faith in the midst of decadence and decay? Benson looks carefully at Nietzsche's life history and views of three decadents, Socrates, Wagner, and Paul, to come to grips with his pietistic turn. Key to this understanding is Benson's interpretation of the powerful effect that Nietzsche thinks music has on the human spirit. Benson (...) claims that Nietzsche's improvisations at the piano were emblematic of the Dionysian or frenzied, ecstatic state he sought, but was ultimately unable to achieve, before he descended into madness. For its insights into questions of faith, decadence, and transcendence, this book is an important contribution to Nietzsche studies, philosophy, and religion. (shrink)

Systems Theory analyses the world in terms of communications and divides the natural world into environment and systems. Systems are characterised by their high density of communications and tend to become more complex and efficient with time, usually by means of increased specialisation and coordination of functions. Management is an organisational sub-system which models all necessary aspects of organisational activity such that this model may be used for monitoring, prediction and planning of the organisation as a whole. The function of (...) a specific management system depends on its history of selection by interactions with the environment (which includes other systems). The main function of a management system will be a consequence of the most powerful and sustained selection pressure it has experienced. Systems Theory implies a management science which is quantitative and comparative. It is quantitative because it is based upon the measurement and mapping of communications as the basis of analysis; it is comparative because evaluations relate to specific variables measured in a specific spatio-temporal context and subjected to analytic processes of constrained complexity. Selection processes are broadly responsible for the dominance of management in contemporary Western societies. The complexity of management systems will probably continue to increase for as long as the efficiency-enhancing potential of complexity outweighs its increased transaction costs. (shrink)

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.

I reply to criticisms of the divine command theory with an eye to noting the relation of ethics to an ontological ground. The criticisms include: the theory makes the standard of right and wrong arbitrary, it traps the defender of the theory in a vicious circle, it violates moral autonomy, it is a relic of our early deontological state of moral development. I then suggest how Henry Veatch's view of good as an ontological feature of the world provides a context (...) in which the divine command theory can be reasonably justified. (shrink)

The SDML programming language which is optimized for modelling multi-agent interaction within articulated social structures such as organizations is described with several examples of its functionality. SDML is a strictly declarative modelling language which has object-oriented features and corresponds to a fragment of strongly grounded autoepistemic logic. The virtues of SDML include the ease of building complex models and the facility for representing agents flexibly as models of cognition as well as modularity and code reusability.

I reply to Houston Craighead, who presents two arguments against my version of the cosmological argument. First, he argues that my arguments in defense of the causal principle in terms of the existence being accidental to an essence is fallacious because it begs the question. I respond that the objection itself is circular, and that it invokes the questionable contention that what is conceivable is possible. Against my contention that the causal principle might be intuitively known, I reply to his (...) contention that again I have begged the question. Begging the question is not applicable in that I have not argued that a denial of the principle it possible, only that if it be denied, other endeavors likewise become impossible. Second, against my contention that the causal principle is really necessary, he asserts that the necessity predicated of propositions is solely logical necessity. I reject his contention that a really necessary proposition must either be logically necessary or else a plain contingent factuality. (shrink)

When modelling complex systems one can not include all the causal factors, but one has to settle for partial models. This is alright if the factors left out are either so constant that they can be ignored or one is able to recognise the circumstances when they will be such that the partial model applies. The transference of knowledge from the point of application to the point of learning utilises a combination of recognition and inference ­ a simple model of (...) the important features is learnt and later situations where inferences can be drawn from the model are recognised. Context is an abstraction of the collection of background features that are later recognised. Different heuristics for recognition and model formulation will be effective for different learning tasks. Each of these will lead to a different type of context. Given this, there are (at least) two ways of modelling context: one can either attempt to investigate the contexts that arise out of the heuristics that a particular agent actually applies (the `internal' approach); or (if this is feasible) one can attempt to model context using the external source of regularity that the heuristics exploit. There are also two basic methodologies for the investigation of context: a top-down (or `foundationalist') approach where one tries to lay down general, a priori principles and a bottom-up (or `scientific') approach where one can try and find what sorts of context arise by experiment and simulation. A simulation is exhibited which is designed to illustrate the practicality of the bottom-up approach in elucidating the sorts of internal context that arise in an artificial agent which is attempting to learn simple models of a complex environment. It ends with a plea for the cooperation of the AI and Machine Learning communities as both learning and inference is needed if context is to make complete sense. (shrink)

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)

Examining the thought of key postmodern thinkers like Nietzsche, Derrida and Marion, Bruce Ellis Benson offers profound insight into the nature of conceptual idolatry and our need for the biblical revelation of God in Jesus Christ.

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)

I first discuss the Buddhist concept of the self as lying between nihilism and substantialism, understood in terms of sets of skandhas and later momentariness. I then discuss the role of karma as a causal nexus that brings the skandhas into a state of co-ordination and whether this role is subjective or objective. Finally, I discuss the import of this view that there is no substantial self but only momentary events of various discrete sorts on the meaning and possibility of (...) life after death and the rootedness of the law of karma in justice. Finally, I consider the implications of this for rebirth and nirvana. (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)

An investigation into the conditions conducive to the emergence of heterogeneity amoung agents is presented. This is done by using a model of creative artificial agents to investigate some of the possibilities. The simulation is based on Brian Arthur's 'El Farol Bar' model but extended so that the agents also learn and communicate. The learning and communication is implemented using an evolutionary process acting upon a population of strategies inside each agent. This evolutionary learning process is based on a Genetic (...) Programming algorithm. This is chosen to make the agents as creative as possible and thus allow the outside edge of the simulation trajectory to be explored. A detailed case study from the simulations show how the agents have differentiated so that by the end of the run they had taken on qualitatively different roles. It provides some evidence that the introduction of a flexible learning process and an expressive internal representation has facilitated the emergence of this heterogeneity. (shrink)