A review‐article of Julius Stone, Legal System and Lawyers' Reasonings, Stanford, University Press Herbert Wechsler, Principles, Politics and Fundamental Law, Harvard University Press H. L. A. Hart, The Concept of Law, Oxford University Press Richard A. Wasserstrom, The Judicial Decision, Toward a Theory of Legal Justification, Stanford University Press Judith N. Shklar, Legalism, Harvard University Press.

In their recent paper ‘Why lockdown of the elderly is not ageist and why levelling down equality is wrong’ Savulescu and Cameron attempt to argue the case for subjecting the ‘elderly’ to limits not imposed on other generations. We argue that selective lockdown of the elderly is unnecessary and cruel, as well as discriminatory, and that this group may suffer more than others in similar circumstances. Further, it constitutes an unjustifiable deprivation of liberty.

Over the past decade or so, several commentators have called for mission-driven research programs on solar geoengineering, also known as solar radiation management (SRM) or climate engineering. Building on the largely epistemic reasons offered by earlier commentators, this paper argues that a well-designed mission-driven research program that aims to evaluate solar geoengineering could promote justice and legitimacy, among other valuable ends. Specifically, an international, mission-driven research program that aims to produce knowledge to enable well-informed decision-making about solar geoengineering could (1) (...) provide a more effective way to identify and answer the questions that policymakers would need to answer; and (2) provide a venue for more efficient, effective, just, and legitimate governance of solar geoengineering research; while (3) reducing the tendency for solar geoengineering research to exacerbate international domination. Thus, despite some risks and limitations, a well-designed mission-driven research program offers one way to improve the governance of solar geoengineering research relative to the ‘investigator-driven’ status quo. (shrink)

"Understanding Phenomenology" provides a guide to one of the most important schools of thought in modern philosophy. The book traces phenomenology's historical development, beginning with its founder, Edmund Husserl and his "pure" or "transcendental" phenomenology, and continuing with the later, "existential" phenomenology of Martin Heidegger, Jean-Paul Sartre, and Maurice Merleau-Ponty. The book also assesses later, critical responses to phenomenology - from Derrida to Dennett - as well as the continued significance of phenomenology for philosophy today. Written for anyone coming to (...) phenomenology for the first time, the book guides the reader through the often bewildering array of technical concepts and jargon associated with phenomenology and provides clear explanations and helpful examples to encourage and enhance engagement with the primary texts. (shrink)

A number of ways of taxonomizing human learning have been proposed. We examine the evidence for one such proposal, namely, that there exist independent explicit and implicit learning systems. This combines two further distinctions, (1) between learning that takes place with versus without concurrent awareness, and (2) between learning that involves the encoding of instances (or fragments) versus the induction of abstract rules or hypotheses. Implicit learning is assumed to involve unconscious rule learning. We examine the evidence for implicit learning (...) derived from subliminal learning, conditioning, artificial grammar learning, instrumental learning, and reaction times in sequence learning. We conclude that unconscious learning has not been satisfactorily established in any of these areas. The assumption that learning in some of these tasks (e.g., artificial grammar learning) is predominantly based on rule abstraction is questionable. When subjects cannot report the rules that govern stimulus selection, this is often because their knowledge consists of instances or fragments of the training stimuli rather than rules. In contrast to the distinction between conscious and unconscious learning, the distinction between instance and rule learning is a sound and meaningful way of taxonomizing human learning. We discuss various computational models of these two forms of learning. (shrink)

The strongest arguments for the permissibility of geoengineering (also known as climate engineering) rely implicitly on non-ideal theory—roughly, the theory of justice as applied to situations of partial compliance with principles of ideal justice. In an ideally just world, such arguments acknowledge, humanity should not deploy geoengineering; but in our imperfect world, society may need to complement mitigation and adaptation with geoengineering to reduce injustices associated with anthropogenic climate change. We interpret research proponents’ arguments as an application of a particular (...) branch of non-ideal theory known as “clinical theory.” Clinical theory aims to identify politically feasible institutions or policies that would address existing (or impending) injustice without violating certain kinds of moral permissibility constraints. We argue for three implications of clinical theory: First, conditional on falling costs and feasibility, clinical theory provides strong support for some geoengineering techniques that aim to remove carbon dioxide from the atmosphere. Second, if some kinds of carbon dioxide removal technologies are supported by clinical theory, then clinical theory further supports using those technologies to enable “overshoot” scenarios in which developing countries exceed the cumulative emissions caps that would apply in ideal circumstances. Third, because of tensions between political feasibility and moral permissibility, clinical theory provides only weak support for geoengineering techniques that aim to manage incoming solar radiation. (shrink)

Time pressure has been shown to have a negative impact on ethical decision-making. This paper uses an experimental approach to examine the impact of an antecedent of time pressure, whether it is anticipated or not, on participants’ perceptions of unethical behaviour. Utilising 60 business school students at an Australian university, we examine the differential impact of anticipated and unanticipated time deadline pressure on participants’ perceptions of the likelihood of unethical behaviour occurring. We find the perception of the likelihood of unethical (...) behaviour occurring to be significantly reduced when time pressure is anticipated rather than unanticipated. The implications of this finding for both professional service organisations and tertiary institutions are considered. (shrink)

Although the importance of literacy is widely acknowledged in society and remains at the top of the political agenda, writing has been slow to establish a place in the cognitive sciences. Olson argues that to understand the cognitive implications of literacy, it is necessary to see reading and writing as providing access to and consciousness of aspects of language, such as phonemes, words and sentences, that are implicit and unconscious in speech. Reading and writing create a system of metarepresentational concepts (...) that bring those features of language into consciousness as a subject of discourse. This consciousness of language is essential not only to acquiring literacy but also to the formation of systematic thought and rationality. The Mind on Paper is a compelling exploration of what literacy does for our speech and hence for our thought, and will be of interest to readers in developmental psychology, cognitive science, linguistics, and education. (shrink)

An experiment was conducted to test the effectiveness of brief instruction in information structuring (i.e., representing and integrating information) for improving the coherence of probability judgments and binary choices among intelligence analysts. Forty-three analysts were presented with comparable sets of Bayesian judgment problems before and immediately after instruction. After instruction, analysts’ probability judgments were more coherent (i.e., more additive and compliant with Bayes theorem). Instruction also improved the coherence of binary choices regarding category membership: after instruction, subjects were more likely (...) to invariably choose the category to which they assigned the higher probability of a target’s membership. The research provides a rare example of evidence-based validation of effectiveness in instruction to improve the statistical assessment skills of intelligence analysts. Such instruction could also be used to improve the assessment quality of other types of experts who are required to integrate statistical information or make probabilistic assessments. (shrink)

One central question of climate justice is how to fairly allocate the global emissions budget. Some commentators hold that the concept of fairness is hopelessly equivocal on this point. Others claim that we need a complete theory of distributive justice to answer the question. This paper argues to the contrary that, given only weak assumptions about fairness, we can show that fairness requires an allocation that is at least as prioritarian as the equal per capita view. Since even the equal (...) per capita view is more prioritarian than is politically feasible, fairness is univocal enough for all practical purposes. (shrink)

David R. Raynor - On Adam Smith's Wealth of Nations : A Philosophical Companion - Journal of the History of Philosophy 43:3 Journal of the History of Philosophy 43.3 365-366 Samuel Fleischacker. On Adam Smith's Wealth of Nations: A Philosophical Companion. Princeton, NJ: Princeton University Press, 2004. Pp. xvii + 329. Cloth, $39.50. Adam Smith's fame now rests primarily upon his Wealth of Nations of 1776, which did not receive much attention until Prime Minister Pitt praised it in Parliament (...) in 1791. Before then Smith's reputation was almost entirely based upon his Theory of Moral Sentiments of 1759. Fleischacker begins this "philosophical companion" to WN with the observation that "Adam Smith was a philosopher before he was a social scientist, yet it remains unclear to this day what.. (shrink)

Through a series of multidisciplinary readings, Environmental Ethics: The Big Questions contextualizes environmental ethics within the history of Western intellectual tradition and traces the development of theory since the 1970s. Includes an extended introduction that provides an historical and thematic introduction to the field of environmental ethics Features a selection of brief original essays on why to study environmental ethics by leaders in the field Contextualizes environmental ethics within the history of the Western intellectual tradition by exploring anthropocentric (human–centered) and (...) nonanthropocentric precedents Offers an interdisciplinary approach to the field by featuring seminal work from eminent philosophers, biologists, ecologists, historians, economists, sociologists, anthropologists, nature writers, business writers, and others Designed to be used with a web–site which contains a continuously updated archive of case studies: http://environmentalethics.info/. (shrink)

Within the current global political context in Western democracies, one might argue that engaging in public discourse about matters of shared concern is not an inviting opportunity for citizens. Generally speaking, participation in public discourse is not something we seek out unless, perhaps, from behind the privacy of our electronic devices. What this might indicate, following an Arendtian insight, is that we currently have no sense of a shared world together. In other words, we have become alienated from that which (...) binds us together: a common world. The primacy of a horiztonal, political relation wherein we speak to one another and not at or against each other is in urgent need of articulation and, for this, we... (shrink)

The rationality debate centers on the meaning of deviations of decision makers' responses from the predictions/prescriptions of normative models. But for the debate to have significance, the meaning and functions of normative analysis must be clear. Presently, they are not, and the debate's persistence owes much to conceptual blur. An attempt is made here to clarify the concept of normative analysis.

Stephen Gardiner and Augustin Fragnière suggest replacing the Oxford Principles for the governance of climate engineering (CE) with their 10 Tollgate Principles (Gardiner & Fragnière, 2018). Like the Oxford Principles, the Tollgate Principles offer abstract, high-level guidance. Translating either set of principles into actual policies or governance mechanisms therefore requires considerable effort. In this commentary, I offer some suggestions for putting the Tollgate Principles into practice, paying special attention to the notions of ‘ethically defensible forms’ of CE and ‘well-founded ethical (...) norms’. (shrink)

David Law's new book deals with Kierkegaard's `apophaticism' - or those elements of Kierkegaard's thought which emphasize the incapacity of human reason and the hiddenness of God.

This article asks whether enhancement can truly lead to something beyond humanity, or whether it is, itself, an inherently human act. The ‘posthuman’ is an uncertain proposition. What, exactly, would one be? Many commentators suggest it to be an endpoint for the use of enhancement technologies, yet few choose to codify the term outright; which frequently leads to unnecessary confusion. Characterizing and contextualizing the term, particularly its more novel uses, is therefore a valuable enterprise. The abuse of the term ‘Human’, (...) especially in the context of the enhancement debate and the myriad meanings ascribed to it, could give ‘posthuman’ very different slants depending on one's assumptions. There are perhaps three main senses in which the term ‘human’ is employed: the biological, the moral, and the self-idealizing. In the first of these, ‘human’ is often conflated with Homo sapiens, and used interchangeably to denote species; in the second, ‘human’ generally refers to a community of beings which qualify as having a certain moral value; and the third, the self-idealizing sense, is more descriptive; a label denoting the qualities that make us who we are as beings, or ‘what matters about those who matter’. So, what might enhancement make us? A novel species or genus of hominid? Or, perhaps, a morally more valuable being than a regular human? Of course, there's a third option: that a posthuman is a being which embodies our self-ideal more successfully than we do ourselves – one ‘more human than human’. Which to choose? (shrink)

The generative and governing "idea" of radical modernity is spawned by the technique of mathematical construction deployed and interpreted by the major early-modern thinkers and their legatees. ;Chapter I is a survey of this legacy as it appears in Vico, Kant, Fichte, Marx and Nietzsche and in the post-Nietzschean inheritance of contemporary philosophy, hyperbolic in the case of Derrida et al., elliptical, in the case of Carnap and Goodman. ;In Chapter II I try to show how the pre-modern mathematical tradition, (...) represented by Euclid, aimed at keeping the enticements of technical facility in check by means of didactic phronesis and how the post-Kantian interpretation of "existence" in Euclid as constructibility betrays his usage and self-understanding. I suggest that his focus in the postulates and elsewhere is on the undistorted iterability of graphic evocations of the items already intelligible thanks to the definitions or to the pre-understanding shared by the teacher and student. ;In Chapter III, devoted to Descartes the principal claims of modern constructivism are brought to sight. After examining Descartes' fabulous autobiography and its emphasis on self-origination, I turn to the style, contents and under-pinnings of the Geometry in an effort to extract from that text what he once referred to as "the metaphysics of geometry." The latter yields the conditions of successful problem-solving, i.e., dimensional homogeneity and kinematic continuity. These conditions, in turn, find their justification in Descartes' theses in the Rules concerning order, measure and the uniformity of "mental" activity. In the final section I apply the lessons learned from the Geometry and the Rules to one critical issue in the later Meditations, the transition from essence to existence. Descartes' "solution" generates a sequence of perplexities with Hobbes, Leibniz, Kant and other radical moderns continue to wrestle. (shrink)

Included are essays in epistemology, metaphysics, and philosophical psychology by one of the most important twentieth-century continental philosophers.

What is nowhere? Is it a non-place that has been created by the disappearance of distinct identities in the spread of standardised, global capitalism? Or has it come about as a result of colonialisation and the separation of indigenous cultures from their lands, and their replacement with vacuous, colonised, globalised non-places? This article suggests that ‘nowhere’, which was satirically entitled, ‘Erewhon’ by Samuel Butler due to the inverted action of machines, is still being created today, but by the combined forces (...) of financial capitalism, digital colonialisation and the present-day global curriculum, and its concomitant teaching and learning methods. Even though the present day curriculum refers to place, for example, in geographical studies, this referencing in no way establishes a connection with or to this place for the cohort. Rather, the present day curriculum precisely and systematically evacuates any possibility of connective-affective-synthesis (i.e. a cur... (shrink)

What is color? Of course, examples of colorful objects are not hard to come by (Fig. 1 provides numerous examples), so the question itself is slightly puzzling, suggesting that some confusion needs to be cleared up or ignorance enlightened. But how could anyone (who isn’t blind or Fig. 1 Atoms Inside Balloons totally lacking in color vision) possibly be confused about what color is? After all, if we learn anything about the world merely by looking at it, it’s the colors (...) of the things we see. How could we do this if we were confused about or ignorant of the nature of color? We might be confused.. (shrink)