Exploring the relationship between conceptions of nature and (largely American) legal thought and practice, this study focuses on the politics and pragmatics of "nature talk"--as expressed in extra-legal disputes as well as different forms of legal discourse. Topics include the forces of nature, endangered species, animal experiments and bestiality. David Delaney demonstrates throughout that nearly any analysis of "nature" entails an interpretation of the essence of "humanity.".

There remains a need to properly analyze the metaphysical assumptions underlying two organ procurement policies: presumed consent and organ sales. Our contention is that if one correctly understands the metaphysics of both the human body and material property, then it will turn out that while organ sales are illiberal, presumed consent is not. What we mean by illiberal includes violating rights of bodily integrity, property, or autonomy, as well as arguing for or against a policy in a manner that runs (...) afoul of Rawlsian public reason. (shrink)

Most people think it is wrong to take organs from the dead if the potential donors had previously expressed a wish not to donate. Yet people respond differently to a thought experiment that seems analogous in terms of moral relevance to taking organs without consent. We argue that our reaction to the thought experiment is most representative of our deepest moral convictions. We realize not everyone will be convinced by the conclusions we draw from our thought experiment. Therefore, we point (...) out that the state ignores consent in performing mandatory autopsies in some cases. If readers are willing to give up the permissibility of mandatory autopsies, we then offer some metaphysical arguments against posthumous harm. Drawing upon claims about bodies ceasing to exist at death and Epicurean-inspired arguments against posthumous interests, we make a case for an organ conscription policy which respects fundamental liberal principles of autonomy, bodily integrity, and property. (shrink)

Laws requiring autopsies have generated little controversy. Yet it is considered unconscionable to take organs without consent for transplantation. We think an organ draft is justified if mandatory autopsies are. We reject the following five attempts to show why a mandatory autopsy policy is legitimate, but organ conscription is not: (1) The social contract gives the state a greater duty to protect its citizens from each other than from disease. (2) There is a greater moral obligation to prevent murders than (...) disease-caused deaths because killing people is morally worse than allowing people to die. (3) Autopsies do not confiscate body parts, but organ transplants do. (4) The citizenry's knowledge that their organs are very likely to be taken will generate more anxiety than the remote possibility of a mandatory autopsy. (5) A religious conviction that one's organs will be needed in order to be resurrected is threatened by organ transplantation but not by autopsies that "return" body parts. (shrink)

There are ethical guidelines that form the foundation of the traditional doctor–patient relationship in medicine. Health care providers are under special obligations to their patients. These include obligations to disclose information, to propose alternative treatments that allow patients to make decisions based on their own values, and to have special concern for patients’ best interests. Furthermore, patients know that these obligations exist and so come to their physicians with a significant level of trust. In this sense, therapeutic medicine significantly differs (...) from straightforward business practices such as the buying and selling of houses, cars, cell phones, etc. However, we argue that this relationship differs when medicine is used for enhancement rather than therapy. When patients seek enhancements they are not as vulnerable as when they are ill. And in an enhancement setting, physicians have little role outside of medical risks to discuss motivation and alternatives. Therefore, we conclude that a more reasonable alternative may be for doctors and patients to use ethical norms associated more with straightforward business practices, specifically sales. We believe that full disclosure of this different set of norms will benefit both physicians and patients. (shrink)

David Hume's early philosophy appeals to fiction and artifice to explain several important features in our cognitive and social activity. In this dissertation, I develop a typology of Humean fictions and artifices to clarify and render his account consistent. In so doing, I identify a special class of fictions I divide into natural fictions and natural artifices. I argue that this special class of fictions represents a significant break with prior English-speaking philosophers, such as Francis Bacon and John Locke, (...) in so far as these fictions and artifices of the imagination are recognized as natural, irresistible, and pragmatically useful in human cognition and social activity. That fictions and artifices are naturally generated by the imagination in epistemic and moral contexts, I argue, is a watershed discovery in the history of philosophy. Indeed, it is a philosophical conclusion that poses serious, perhaps fatal, problems for philosophers who espouse thoroughgoing realist positions. More broadly, Hume's pursuit of applying the experimental method to the moral subject reveals that human nature is mightily governed by the imagination, and that fictions and artifices are ubiquitous across the domains of science, morality, theology, logic, mathematics, and philosophy. For that reason, I suggest Hume ought to be recognized as a central figure in the history of philosophical fictionalism. Specifically, via a comparative analysis of Hume and Hans Vaihinger, I make the case that Hume functions as a vital link between Hobbes, Berkeley, and Kant in the development of early modern fictionalism. (shrink)

Hume’s account of contrariety in Book I of the Treatise poses several interpretive puzzles. I consider each in turn and offer a novel interpretation of contrariety based on Hume’s discussion of the passions. That Book II and Book I form a complete chain of reasoning suggests that the way in which passions are related is analogous to the way in which ideas are related in the understanding. I argue that Hume identifies three species of empirical contrariety in Book II: contraries, (...) oppositions, and contradictions. All three species help clarify Hume’s remarks concerning contrariety in Book I. I further identify a second genus I call logical contrariety by drawing on Hume’s discussion of fictitious duration and distance. (shrink)

Tennis smashed onto the worldwide athletic scene soon after its modern rules and equipment were introduced in nineteenth-century England. Exciting, competitive, and uniquely accessible to people of all ages and talent levels, tennis continues to enjoy popularity, both as a recreational activity and a spectator sport. Life imitates sport in Tennis and Philosophy. Editor David Baggett approaches tennis not only as a game but also as a surprisingly rich resource for philosophical analysis. He assembles a team of champion scholars, (...) including David Foster Wallace, Robert R. Clewis, David Detmer, Mark Huston, Tommy Valentini, Neil Delaney, and Kevin Kinghorn, to consider numerous philosophical issues within the sport. Profiles of tennis greats such as John McEnroe, Roger Federer, the Williams sisters, and Arthur Ashe are paired with pertinent topics, from the ethics of rage to the role of rivalry. Whether entertaining metaphysical arguments or examining the nature of beauty, these essays promise insightful discussion of one of the world's most popular sports. (shrink)

In this introduction to the special issue of Theoretical Medicine and Bioethics on the topic of personal identity and bioethics, I provide a background for the topic and then discuss the contributions in the special issue by Eric Olson, Marya Schechtman, Tim Campbell and Jeff McMahan, James Delaney and David Hershenov, and David DeGrazia.

- Poétique et Études littéraires – GALERIE – Nouvel article.

In this introduction to the special issue of Theoretical Medicine and Bioethics on the topic of personal identity and bioethics, I provide a background for the topic and then discuss the contributions in the special issue by Eric Olson, Marya Schechtman, Tim Campbell and Jeff McMahan, James Delaney and David Hershenov, and David DeGrazia.

The authors use empirical research into the environmental practices of 31 manufacturing small and medium-sized enterprises (SMEs) to show that ‚business performance’ and ‚regulation’ considerations drive behaviour. They suggest that this is inevitable, given the market-based decision-making frames that permeate and dominate the industry in which manufacturing SMEs operate. Since the environment is a pillar of corporate social responsibility (CSR), the findings have important implications for CSR policy, which promotes voluntary actions predicated on a business case. It is argued that (...) this approach will not alter the behaviour of manufacturing SMEs significantly because CSR practice will be regarded as an optional and costly ‚extra’ affecting core business activity. Consequently, the use and development of existing regulatory structures, providing minimum standards for many activities covered by CSR, remains the most effective means through which the behaviour of manufacturing SMEs will be changed in the short to medium-term. Another feature of the paper is the distinction made between ‚business performance’ and the ‚business case’ argument. Business performance emphasises cost reductions and efficiency whereas the business case accentuates the benefits to shareholders of good practices as their firms become more attractive to stakeholders and society. Manufacturing SMEs␣try to improve business performance because of the pressures placed on them by market-dominated decision-making frames. These frames do not encourage manufacturing SMEs to undertake voluntary actions for the benefit of wider stakeholders and society. (shrink)

David Hume (1711-76) is the grand intellectual figure of the Scottish Enlightenment. Ironically, what is now considered his magnum opus, the ill-received three-volume A Treatise of Human Nature (1739-40), was rejected by Hume himself by 1751. Subsequently, when Hume first compiled his Essays and Treatises on Several Subjects two years later, he excluded the Treatise and considered this new collection of essays to be his complete philosophical writings. Hume revised the Essays and Treatises some ten times in various editions, (...) adding, modifying and deleting material. This 1777 edition incorporates his final changes which he made quite literally on his deathbed, fully aware that this edition would be the last to involve his input. As such it is considered the definitive edition of Hume's philosophical writings and should be read alongside the first definitive edition of the Treatise. (shrink)

One. Hundred. Years. of. Homosexuality. I. In 1992, when the patriots among us will be celebrating the fivehundredth anniversary of the discovery of America by Christopher Columbus, our cultural historians may wish to mark the centenary of  ...

Philosophy and anthropology need to integrate their accounts of what a morality is. I identify three desiderata that an account of morality should satisfy: (1) it should recognize significant diversity and variation in the major kinds of value, (2) it should specify a set of criteria for what counts as a morality, and (3) it should indicate the basis for distinguishing between more or less justifiable moralities, or true and false moralities. I will discuss why these three desiderata are hard (...) to satisfy at the same time, and why they are controversial. Anthropologists and philosophers will differ on which ones they are inclined to reject. I argue that all three should be accepted and can be satisfied. (shrink)

In the eyes of many “classical” phenomenologists, Kantianism has seemed to invite individuals to leave the rich, complexly motivated environment of lived experience in favor of a shadowy, formal kingdom of abstract duties and rights. Yet there have been notable attempts within the phenomenological tradition to articulate a richer vision of Kantian moral consciousness and to exhibit, from a first-person perspective, the shape of mental life and the standing dispositions that befit membership in a Kantian kingdom of ends. Here I (...) offer two such competing paradigms of Kantian moral consciousness: on the one hand, the responsive, situational Kantian moral consciousness that recent commentators have reconstructed from Martin Heidegger’s work, and on the other hand, the very different, explicitly cosmopolitan Kantian moral consciousness traced in Hannah Arendt’s conception of an “enlarged mentality.” While each is arguably a legitimately Kantian view, these alternative models of moral consciousness offer considerably different spirits of Kantianism with different benefits and detriments, and each places very different cognitive and moral burdens on agents. (shrink)

David Wiggins; II*—Deliberation and Practical Reason, Proceedings of the Aristotelian Society, Volume 76, Issue 1, 1 June 1976, Pages 29–52, https://doi.org/10.

There are many ways the world might be, for all I know. For all I know, it might be that there is life on Jupiter, and it might be that there is not. It might be that Australia will win the next Ashes series, and it might be that they will not. It might be that my great-grandfather was my great-grandmother’s second cousin, and it might be that he was not. It might be that copper is a compound, and it (...) might be that it is not. (shrink)

According to a “selective” (as opposed to “instructive”) model of human language capacity, people come to know more than they experience. The discrepancy between experience and eventual capacity (the “poverty of the stimulus”) is bridged by genetically provided information. Hence any hypothesis about the linguistic genotype (or “Universal Grammar,” UG) has consequences for what experience is needed and what form people's mature capacities (or “grammars”) will take. This BBS target article discusses the “trigger experience,” that is, the experience that actually (...) affects a child's linguistic development. It is argued that this must be a subset of a child's total linguistic experience and hence that much of what a child hears has no consequence for the form of the eventual grammar. UG filters experience and provides an upper bound on what constitutes the triggering experience. This filtering effect can often be seen in the way linguistic capacity can change between generations. Children only need access to robust structures of minimal (“degree-0”) complexity. Everything can be learned from simple, unembedded “domains” (a grammatical concept involved in defining an expression's logical form). Children do not need access to more complex structures. (shrink)

In an important departure from theories of causation, David Owens proposes that coincidences have no causes, and that a cause is something which ensures that its effects are no coincidence. In Causes and Coincidences, he elucidates the idea of a coincidence as an event which can be analysed into constituent events, the nomological antecedents of which are independent of each other. He also suggests that causal facts can be analysed in terms of non-causal facts, including relations of necessity. Thus, (...) causation is defined in terms of coincidence, and coincidence without reference to causation. David Owens challenges the ideas associated with Hume, Davidson and Lewis, constructing a theory which distinguishes nomological necessity and sufficiency from their logical counterparts. He is able to offer novel solutions to the major problems of causation, including the direction of causation, the logical form of causal statements, the distinction betwen causal connections and logical connections, and the relationship between psychological and physical causation. (shrink)

I develop an account of how mathematized theories in physics represent physical systems, in response to the frequent claim that any such account must presuppose a non-mathematized, and usually linguistic, description of the system represented. The account I develop contains a circularity, in that representation is a mathematical relation between the models of a theory and the system as represented by some other model --- but I argue that this circularity is not vicious, in any case refers in linguistic accounts (...) of meaning and representation, and is simply a consequence of the fact that we have no unmediated, representation-independent access to the world. (shrink)

Nothing can kill a promising research program in ethics more quickly than a plausible argument to the effect that it is committed to a morally repellent consequence. It is especially troubling when a theory one favors is jeopardized in this way. I have this worry about Harry Frankfurt's theory of free will, autonomous agency and moral responsibility, for there is a very plausible argument to the effect that aspects of his view commit him to a version of the late Stoic (...) thesis that acting freely is a matter of ‘making do,’ that is, of bringing oneself to be motivated to act in accordance with the feasible, so that personal liberation can be achieved by resigning and adapting oneself to necessity. In this paper I try to determine whether the theory does in fact commit Frankfurt (and adherents like me) to this result and, if so, what can be done to prevent it. (shrink)

In _Thinking After Heidegger_, David Wood takes up the challenge posed by Heidegger - that after the end of philosophy we need to learn to _think_. But what if we read Heidegger with the same respectful irreverence that he brought to reading the Greeks, Kant, Hegel, Husserl and the others? For Wood, it is Derrida's engagements with Heidegger that set the standard here – enacting a repetition through transformation and displacement. But Wood is not content to crown the new (...) king. Instead he sets up a many-sided conversation between Heidegger, Hegel, Adorno, Nietzsche, Blanchot, Kierkegaard, Derrida and others. Derrida and deconstruction are first critically addressed and then drawn into the fundamental project of philosophical renewal, or renewal _as_ philosophy. The book begins by rewriting Heidegger's inaugural lecture, 'What is Metaphysics?' and ends with an extended analysis of the performativity of his extraordinary _Beitrage_. _Thinking after Heidegger_ will be a valuable text for scholars and students of contemporary philosophy, literature and cultural studies. (shrink)

The question whether two things can be in the same place at the same time is an ambiguous one. At least three distinct questions could be meant: Can two things simpliciter be in the same place at the same time? Can two things of the same kind be in the same place at the same time? Can two substances of the same kind be in the same place at the same time? The answers to these questions vary. In what follows, (...) all three will be discussed in the light both of recent and of classic earlier examinations of the matter. The following theses will be defended. (shrink)

Papineau-David_Doubts-about-indexicality.

There are many people who think that deconstruction has run its course, has had its day, and that it is now time to return to the important business of philosophy, or perhaps to serious ethical, social and political questions. Derrida's work, it is said, leads nowhere but a sterile philosophy of difference that in its de-politicized, de-historicized abstractness is a form of conservatism little better than the kinds of identity thinking to which it seems to be so radically opposed. In (...) short, we must go ‘beyond’ deconstruction. (shrink)

According to a widespread contention, individuals are among the basic building blocks of the world. The contention, however, raises a perennial problem. If individuals are basic, they cannot be fully accounted for in terms of their empirically detectable qualities. But then, how can we detect, or know, or identify, individuals? Shamik Dasgupta has influentially argued that considerations along these lines, together with a lesson from the history of physics, should make us reject any picture on which individuals are basic constituents (...) of reality. In this paper, I defend such a picture against Dasgupta’s argument. (shrink)

Digital phenotyping is the term given to the capturing and use of user log data from health and wellbeing technologies used in apps and cloud-based services. This paper explores ethical issues in making use of digital phenotype data in the arena of digital health interventions. Products and services based on digital wellbeing technologies typically include mobile device apps as well as browser-based apps to a lesser extent, and can include telephony-based services, text-based chatbots, and voice-activated chatbots. Many of these digital (...) products and services are simultaneously available across many channels in order to maximize availability for users. Digital wellbeing technologies offer useful methods for real-time data capture of the interactions of users with the products and services. It is possible to design what data are recorded, how and where it may be stored, and, crucially, how it can be analyzed to reveal individual or collective usage patterns. The paper also examines digital phenotyping workflows, before enumerating the ethical concerns pertaining to different types of digital phenotype data, highlighting ethical considerations for collection, storage, and use of the data. A case study of a digital health app is used to illustrate the ethical issues. The case study explores the issues from a perspective of data prospecting and subsequent machine learning. The ethical use of machine learning and artificial intelligence on digital phenotype data and the broader issues in democratizing machine learning and artificial intelligence for digital phenotype data are then explored in detail. (shrink)