Suppose a physician advises a woman to delay her planned pregnancy for a few months in order to significantly reduce the likelihood that her baby will suffer with Spina Bifida. If the woman chooses to ignore this advice and conceives soon after, I believe most people would consider it a matter of common sense that the child thus born is a victim of this woman’s negligence, even if it is fortunate enough to not be burdened with Spina Bifida. This common (...) sense judgement appeared to have been done in by the fact that the timing of conception can be identity-influencing, and so the child that is born only exists because of its mother’s decision to ignore her physician’s advice. However, recently, contemporary contractualist theories have been used to make sense of preconception negligence towards persons whose existence is a result of that same negligence. I will briefly discuss this interesting development and then show how this retrieval of the common sense judgement comes at a great cost to prenatal reproductive autonomy. (shrink)

Upon first studying Capital, I believed, as have most Marxists I have known, that the answer to the question posed in the title of this article was obvious. After all, Marx declared that surplus labour is “extorted from the immediate producer, the worker,” and capitalist accumulation involves “the theft of alien labour time.” He also insisted that capitalists “extort” surplus value and divide amongst themselves “the loot of other people’s labour,” so that the wage exchange, in spite of its equality, (...) is “only the age-old dodge of every conqueror who buys commodities from the conquered with the money he has robbed them of.”. (shrink)

In the end of the century atmosphere in which the whole world is entering the valley of nihilism. It seems from a human dilemma, Buddhist and Christian spiritual resources should be jointly developed through conversation, contribute their ideas, values ​​and practices, to promote recovery of people's lives meaning. This article deals Christianity and Buddhism way of talking, is to use my "comparative philosophy." This is a basic way of thinking and practice, must be differences in the surface or the opposite (...) situation were found complementary to each other, on the one hand respect for differences, on the one hand to find complementary. The so-called "contrast" is the difference and complementarity, continuity and rupture, to take distance and common membership of the question of the dialectical game, constitutes the object of study of the structure and dynamics of development. I put as Christianity and Buddhism are different but can still be complementary, but still there is a gap between the two religions together. This article focuses on Buddhism, the so-called "consciousness" and the so-called Christian "salvation" two important doctrines, and the creative interpretation of the two considered to be conducive to human through the modern / postmodern nihilism Glen. I will focus on the following four questions: First, the two major religions of common concern for human suffering and the root causes of human suffering. Second, the Christian religion, the so-called "salvation" and Buddhism, the so-called "consciousness," the contrast between the mainly concentrated in the so-called "transcendental principles" and "The internal principles." Third, to teach the theory of Christianity, "there are successful" and Buddhism so-called "empty" or "origins of the air." Fourth, the moral ethics of Christianity and Buddhism are all for a total of method, can be seen as way to overcome nihilism, the practice of road domination and alienation. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

Mainstream and Formal Epistemology provides the first, easily accessible, yet erudite and original analysis of the meeting point between mainstream and formal theories of knowledge. These two strands of thinking have traditionally proceeded in isolation from one another, but in this book, Vincent F. Hendricks brings them together for a systematic comparative treatment. He demonstrates how mainstream and formal epistemology may significantly benefit from one another, paving the way for a new unifying program of 'plethoric' epistemology. His book will (...) both define and further the debate between philosophers from two very different sides of the epistemological spectrum. (shrink)

" Façonner le monde atome par atome " : tel est l'objectif incroyablement ambitieux affiché par les promoteurs américains de la " National Nanoinitiative ", lancée en 1999. Un projet global de " convergence des sciences ", visant à " initier une nouvelle Renaissance, incorporant une conception holiste de la technologie fondée sur [..] une analyse causale du monde physique, unifiée depuis l'échelle nano jusqu'à l'échelle planétaire. " Ce projet démiurgique est aujourd'hui au coeur de ce qu'on appelle la " (...) technoscience ", étendard pour certains, repoussoir pour d'autres. En précisant dans ce livre la signification de ce concept, pour sortir enfin du sempiternel conflit entre technophiles et technophobes, son auteur propose d'abord une sorte d'archéologie du terme " technoscience ". Loin d'être un simple renversement de hiérarchie entre science et technique, il s'agit d'un changement de régime de la connaissance scientifique, ayant désormais intégré la logique entrepreneuriale du monde des affaires et mobilisant des moyens considérables. Surtout, Bernadette Bensaude-Vincent montre que le brouillage de la frontière entre science et technique n'est que la manifestation d'un tremblement plus général, marqué par l'effacement progressif des distinctions traditionnelles : nature/artifice, inerte/vivant, matière/esprit, homme/machine, etc. Alors que nos sociétés sont silencieusement reconfigurées par les nanotechnologies, Internet, le génie génétique ou les OGM, ce livre montre l'importance de faire enfin pleinement entrer les questions de choix technologiques et scientifiques dans la sphère du politique et dans l'arène publique. Car la technoscience est un processus historique qui engage la nature en la refaçonnant et qui implique la société dans son ensemble. (shrink)

Uffink and Valente claim that there is no time-asymmetric ingredient that, added to the Hamiltonian equations of motion, allows to obtain the Boltzmann equation within the Lanford’s derivation. This paper is a discussion and a reply to that analysis. More specifically, I focus on two mathematical tools used in this derivation, viz. the Boltzmann–Grad limit and the incoming configurations. Although none of them are time-asymmetric ingredients, by themselves, I claim that the use of incoming configurations, as taken within the B–G (...) limit, is such a time-asymmetric ingredient. Accordingly, this leads to reconsider a kind of Stoßzahlansatz within Lanford’s derivation. (shrink)

Holism maintains that a phenomenon is more than the sum of its parts. Yet analysis--a mental process crucial to comprehension--involves dismantling the whole to grasp it piecemeal and relationally. Wading through such quandaries, Vincent Descombes guides readers to a deepened appreciation of the entity that enables understanding: the human mind.

Earthbodies describes how our bodies are open circuits to a sensual magic and planetary care that when closed off leads to disastrous detours, such as illness, ...

This article identifies two mistakes commonly made about the concept of punishment. First, confusion exists about when an analysis of punishment counts as retributive, and when as justificatorily n...

An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy for a (...) theory of punishment: it must take aggregation sufficiently seriously that it returns plausible results when scaled up from individual cases to large public institutions. In this vein, I briefly sketch a prioritarian metric for evaluating the use of custodial sanctions as a means of creating and allocating social advantage. (shrink)

This essay discusses how our traditional ethics may harbor assumptions that place humans in a position in which overt violence towards animals is an almost inevitable outcome since their formulation involves violence towards ourselves and our animal fellows in our cutting our embodied ties with them. The essay explores Derrida’s Animal that Therefore, I Am, in its detailing of the two discourses within European intellectual history of those who felt they were “above” animals and were not addressed by them versus (...) those who could acknowledge that animals do address us. Derrida also cites the “lyconomy” of this tradition that brandishes the image of the “wolf” within us as a streak of rapacious violence that we can only fight with violence, thus projecting onto the wolf a false identity to justify our own demons of violence. Merleau-Ponty’s notions of embodiment further this idea that we are enmeshed with animals in a basic affective, perceptual and visceral way and that to ignore this interweaving of lives is to do violence to ourselves as well as violence towards them. I then cite ethologists for evidence that wolves are one of the most social, non-violent animals on the planet and detail how two million were slaughtered in the name of eradicating an “evil” being. Such behavior on our part I call “speciocide,” as heinous as genocide. Finally, phenomenology, as one particular philosophical approach, may have a critical edge in helping us to see our animal fellows more clearly, to understand them better, and discern our truer moral obligations to them. (shrink)

While many possible goals could be achieved by punishing offenders, the reality of punishment in today's criminal justice system is that lawmakers have created the illusion of purpose in punishment when in fact the expectations are unrealistic and the options for punishment too few to expect the simultaneous accomplishment of all possible desirable goals. This lack of clear purpose has led to a punishment policy shaped largely by what some scholars refer to as “paranoid politicians,” who have used public fear (...) of crime as a fulcrum to launch “tough on crime” policies. Over a long period of time, this process has created a punishment system that many scholars argue has become too harsh and exceeds what a system of just deserts would allow for. This outcome has led some to propose that systematic mercy be implemented where appropriate, in order to offset the perceived harshness of the criminal justice system. While such a proposal is problematic, a re-evaluation of punishment policy seems appropriate. This paper suggests that any re-evaluation of punishment policy should include provisions for a broader consideration of victims' issues in sentencing as an integral part of the implementation of punishment in a truly just system. (shrink)

Ontic structuralism or ontic structural realism in the philosophy of physics can be broadly considered as an interpretative strategy providing a set of conceptual and metaphysical tools—or, more ambitiously, an ontological framework—in order to account for central features of current fundamental physics. This article aims to review the main structuralist interpretative moves in the context of our two best fundamental physical theories of matter and spacetime, namely, quantum theory and general relativity. We highlight in particular the structuralist understanding of permutation (...) invariance, entanglement and nonlocality in quantum theory, and of the dynamical features of spacetime, diffeomorphism invariance and background independence in general relativity. (shrink)

This paper critically discusses recent objections that have been raised against the contextual understanding of fundamental physical objects advocated by non-eliminative ontic structural realism. One of these recent objections claims that such a purely relational understanding of objects cannot account for there being a determinate number of them. A more general objection concerns a well-known circularity threat: relations presuppose the objects they relate and so cannot account for them. A similar circularity objection has also been raised within the framework of (...) the weak discernibility claims made in the last few years about quantum particles. We argue that these objections rely either on mere metaphysical prejudice or on confusing the logico-mathematical formalism within which a physical theory is formulated with the physical theory itself. Furthermore, we defend the motivations for taking numerical diversity as a primitive fact in this context. (shrink)

En plus d'un excellent ouvrage analytique sur Proust, cette thèse dépasse son objet en distinguant bien la pensée du romancier de celle du théoricien. Ainsi la notion de philosophie du roman est profondément explorée et la proposition d'une réforme de la théorie du récit (narratologie) est esquissée. Suppose lecture de la ##Recherche##.

This discussion paper proposes that a meaningful distinction between science and technoscience can be found at the level of the objects of research. Both notions intermingle in the attitudes, intentions, programs and projects of researchers and research institutions – that is, on the side of the subjects of research. But the difference between science and technoscience becomes more explicit when research results are presented in particular settings and when the objects of research are exhibited for the specific interest they hold. (...) When an experiment is presented as scientific evidence, which confirms or disconfirms a hypothesis, this agrees with traditional conceptions of science. When organic molecules are presented for their capacity to serve individually as electric wires that carry surprisingly large currents, this would be a hallmark of technoscience. Accordingly, we propose research on the ontology of research objects. The focus on the material presence of research objects makes this a specifically philosophical project. (shrink)

The superassertability theory of truth, inspired by Crispin Wright (1992, 2003), holds that a statement is true if and only if it is superassertable in the following sense: it possesses warrant that cannot be defeated by any improvement of our information. While initially promising, the superassertability theory of truth is vulnerable to a persistent difficulty highlighted by James Van Cleve (1996) and Terrence Horgan (1995) but not properly fleshed out: it is formally illegitimate in a similar sense that unsophisticated epistemic (...) theories of truth are widely acknowledged to be. Sustained analysis reveals that the unrestricted formal legitimacy argument is firmly grounded in first person conceivability evidence. (shrink)

This essay details wolves’ sense of their surround in terms of how wolves’ perceptual acuities, motor abilities, daily habits, overriding concerns, network of intimate social bonds and relationship to prey gives them a unique sense of space, time, belonging with other wolves, memorial sense, imaginative capacities, dominant emotions (of affection, play, loyalty, hunger, etc.), communicative avenues, partnership with other creatures, and key role in ecological thriving. Wolves are seen to live within a vast sense of aroundness and closeness to aspects (...) of their surround (compared to humans), a highly charged intimacy and cooperation with other wolves, and a caring and non-aggressive attitude that goes beyond the pack, despite their loyalty and defense of territory. The cultural myths and history that absurdly demonize the wolf are explored in their self-righteous attempts to exterminate wolves, which I call “speciocide” and probe for projections of human viciousness. The supposed rapaciousness of wolves is re-examined by expanding Barry Lopez’s sense of the silent dialogue of death with other creatures to be reconsidered as a kind of respect, assertion of vitality, recognition or mortality and cooperation. (shrink)

The criminal law has at least two goals: to provide a degree of protection to a variety of individual and collective interests, and to communicate to those to whom it applies that those interests are protected. The question I consider is whether the criminal law should be used to advance the second goal independently of its use in advancing the first. Drawing on what I refer to as non-comparative egalitarianism, I argue that it should not. After developing a general argument (...) for this claim, I turn to considering its implications for the criminalization of hate speech, focusing specifically on a line of argument found both in the Supreme Court of Canada’s s.2 jurisprudence as well as Jeremy Waldron’s recent book,The Harm in Hate Speech. I also briefly consider a structurally similar, but broader argument – recently defended by Alon Harel – which suggests that there is a constitutional duty to criminalize conduct that would, if engaged in, interfere with a person’s dominion over how her life goes, regardless of whether criminalization would or would not drive down the actual incidence of the targeted conduct. I claim that egalitarians should not recognize any such duty. (shrink)

The purpose of this study is to determine whether there is any unified theory of mental phenomena in the writings of Charles Sanders Peirce . Our thesis is that we find in Peirce's semiotic approach to human consciousness a remarkably unified perspective. ;In order to understand Peirce's reflections on the nature of mind, it is necessary first to situate them in the larger context of his philosophical system. Thus, in the first chapter, we present an overview of his system of (...) thought. In the second chapter, we examine Peirce's concept of sign-activity or what he called semiosis, since this constitutes for him the perspective from which all manifestations of mind must be interpreted. In order to be in a position to grasp Peirce's semiotic approach to mind, it is essential to have a basic understanding of his concept of semiosis. ;In the third chapter, we consider the way in which Peirce's critique of intuitionism cleared the way for his semiotic interpretation of mental phenomena. In the fourth chapter, we examine the particulars of Peirce's attempt to interpret the various modifications of human consciousness as instances of semiosis or sign-activity. ;This semiotic interpretation of mental phenomena is found in Peirce's early writings. But, as a result of later refinements and developments in his understanding of semiosis, Peirce's theory of mind undergoes corresponding refinements and developments. In the fifth and final chapter, we examine Peirce's mature formulation of his semiotic theory, a formulation which gives a prominent place to both habits and self-control. (shrink)

We define an optimal proof-by-proof embedding of intuitionistic sequent calculus into linear logic and analyse the (purely logical) linearity information thus obtained.

Résumé La défense du marché dans la tradition socialiste libérale est instrumentale : le marché est toléré lorsqu’il permet de produire des richesses en abondance que l’on peut redistribuer ex post. De son côté, la justification républicaine du marché, telle que présentée dans les travaux de Pettit, vise à réduire la domination dans l’échange. Cet article soutient qu’une telle justification nécessite d’être renforcée en l’adossant à un égalitarisme matériel, garant d’un échange entre égaux, établi ex ante.