In Australia, since 2004, there has been a move to expand the range of models for legal practice. Lawyers may now incorporate a legal practice, which may have non-legal directors and shareholders. They may also enter into a partnership with a range of non-legal professional partners. This change is happening at the same time that legal practice culture is moving from a professional service model to a business-oriented model. Increased pressures have been thrown into the mix by the global financial (...) crisis and the downturn in the legal market. Inevitably, these changes have created new conflict problems. When a lawyer is responsible to both clients and shareholders, how can that conflict be resolved? What are the roles of non-legal directors or partners? What if they have ethical or legal duties which conflict with a lawyer?s duty to a client? When a corporate legal business is listed on the stock exchange, what pressure may that bring to bear on the business model of the legal practice? How can all of these issues be resolved in grim financial times? The author will examine all of these issues in light of Australian and international experiences with new lawyering patterns and the global financial crisis. (shrink)

Many think that properties are powers. However, whilst some claim that properties are pure powers, others claim that properties are powerful qualities. In this paper, I argue that the canonical formulation of the powerful qualities view is no different from the pure powers view. Contrary to appearances, the two positions accept the same view of properties. Thus, the debate between them rests on an illusion. I draw out some consequences of this surprising result for issues over property individuation. Along the (...) way, I argue that all existing objections to the powerful qualities view fail. (shrink)

Aesthetic non-inferentialism is the widely-held thesis that aesthetic judgements either are identical to, or are made on the basis of, sensory states like perceptual experience and emotion. It is sometimes objected to on the basis that testimony is a legitimate source of such judgements. Less often is the view challenged on the grounds that one’s inferences can be a source of aesthetic judgements. This paper aims to do precisely that. According to the theory defended here, aesthetic judgements may be unreasoned, (...) insofar as they are immediate judgements made on the basis of, and acquiring their justification from, causally prior sensory states. Yet they may also be reasoned, insofar as they may be the outputs of certain inferences. Crucially, a token aesthetic judgement may be unreasoned and reasoned, simultaneously. A key reason for allowing inference a serious role in aesthetic judgements emerges from reflection upon the nature of aesthetic expertise. (shrink)

Perceptual experience has representational content. My argument for this claim is an inference to the best explanation. The explanandum is cognitive penetration. In cognitive penetration, perceptual experiences are either causally influenced, or else are partially constituted, by mental states that are representational, including: mental imagery, beliefs, concepts and memories. If perceptual experiences have representational content, then there is a background condition for cognitive penetration that renders the phenomenon prima facie intelligible. Naïve realist or purely relational accounts of perception leave cognitive (...) penetration less well-explained, even when formulated with so-called ‘standpoints’ or ‘third relata.’. (shrink)

In this paper, I defend a version of compatibilism against luck-related objections. After introducing the types of luck that some take to be problematic for moral responsibility, I consider and respond to two recent attempts to show that compatibilism faces the same problem of luck that libertarianism faces—present luck. I then consider a different type of luck—constitutive luck—and provide a new solution to this problem. One upshot of the present discussion is a reason to prefer a history-sensitive compatibilist account over (...) a purely nonhistorical structuralist account. (shrink)

There is an overriding orthodoxy amongst philosophers that attention is a ‘unified phenomenon’, subject to explanation by one monistic theory. In this article, I examine whether this philosophical orthodoxy is reflected in the practice of psychology. I argue that the view of attention that best represents psychological work is a variety of conceptual pluralism. When it comes to the psychology of attention, monism should be rejected and pluralism should be embraced. _1_ The Monistic Consensus _2_ The Varieties of Pluralism _3_ (...) Three Concepts _3.1_ Blindsight _3.2_ Executive attention _3.3_ Alerting _4_ Pluralism _4.1_ Methodological conceptual pluralism _4.2_ Three monist interpretations _5_ Philosophical Monism? _6_ Conclusion. (shrink)

A central question for philosophical psychology is which mental faculties form natural kinds. There is hot debate over the kind status of faculties as diverse as consciousness, seeing, concepts, emotions, constancy and the senses. In this paper, I take emotions and concepts as my main focus, and argue that questions over the kind status of these faculties are complicated by the undeservedly overlooked fact that natural kinds are indeterminate in certain ways. I will show that indeterminacy issues have led to (...) an impasse in the debates over emotions and concepts. I first consider and reject one way of resolving this impasse. I then suggest a different method, which places more emphasis on a close analysis of predictive and explanatory practices in psychology. I argue that when we apply this method, a new position emerges: that it is indeterminate whether concepts or emotions are natural kinds. They are neither determinately natural kinds, nor determinately not natural kinds. Along the way, we will see that natural kinds have been put to two completely different theoretical uses, which are often been blurred together, and that they are ill-suited to fulfil one of them. (shrink)

Defenders of the phenomenal concept strategy have to explain how both physical and phenomenal concepts provide a substantive grasp on the nature of their referents, whilst referring to the very same experience. This is the ‘new challenge’ to physicalism. In this paper, I argue that if the physicalist adopts the powerful qualities ontology of properties then a new and powerful version of the phenomenal concept strategy can be developed, which answers the new challenge.

Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion against (...) rational agents involves a profound status wrong--namely, their treatment as children or animals--and that this system of differential status and treatment (including self-ownership rights for rational agents) can be morally justified by our capacity for autonomy. (shrink)

Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a decentralized (...) and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts. (shrink)

Background:Data representing people’s behaviour, attitudes, feelings and relationships are increasingly being harvested from social media platforms and re-used for research purposes. This can be ethically problematic, even where such data exist in the public domain. We set out to explore how the academic community is addressing these challenges by analysing a national corpus of research ethics guidelines and published studies in one interdisciplinary research area.Methods:Ethics guidelines published by Research Councils UK, its seven-member councils and guidelines cited within these were reviewed. (...) Guidelines referring to social media were classified according to published typologies of social media research uses and ethical considerations for social media mining. Using health research as an exemplar, PubMed was searched to identify studies using social media data, which were assessed according to their coverage of ethical considerations and guidelines.Results:Of the 13 guidelines published or recom... (shrink)

In this paper, I argue that it is open to semicompatibilists to maintain that no ability to do otherwise is required for moral responsibility. This is significant for two reasons. First, it undermines Christopher Evan Franklin’s recent claim that everyone thinks that an ability to do otherwise is necessary for free will and moral responsibility. Second, it reveals an important difference between John Martin Fischer’s semicompatibilism and Kadri Vihvelin’s version of classical compatibilism, which shows that the dispute between them is (...) not merely a verbal dispute. Along the way, I give special attention to the notion of general abilities, and, though I defend the distinctiveness of Fischer’s semicompatibilism against the verbal dispute charge, I also use the discussion of the nature of general abilities to argue for the falsity of a certain claim that Fischer and coauthor Mark Ravizza have made about their account. (shrink)

A distinctive position in contemporary political philosophy is occupied by those who defend the principle of public justification. This principle states that the moral or political rules that govern our common life must be in some sense justifiable to all reasonable citizens. In this article, I evaluate Gerald Gaus’s defence of this principle, which holds that it is presupposed by our moral reactive attitudes of resentment and indignation. He argues, echoing P.F. Strawson in ‘Freedom and Resentment’, that these attitudes are (...) so deep a part of us that we are unable to rationally reject them. I examine and reject this defence of the principle. Considering the nature of our commitment to the moral reactive attitudes, I argue that those attitudes need not be grounded in a commitment to public justification. The availability of alternative grounds for these attitudes shows, contra Gaus, that we can rationally reject the principle of public justification while maintaining a wholehearted commitment to the reactive attitudes. (shrink)

In many theories in contemporary philosophy of mind, attention is constitutively linked to phenomenal consciousness. Ned Block has recently argued that ‘identity crowding’ provides an example of subjects consciously seeing something to which they are unable to attend. Here I examine the reasons that Block gives for thinking that this is a case of a consciously perceived item that we are unable to attend to, and I offer a different interpretation.

The current literature on indeterminacy centers around two projects. One concerns the logic of indeterminacy; the other concerns its nature or source. The aim of this paper is to introduce, motivate and go some way toward addressing a new, third project: that of providing what I call a minimal characterization of indeterminacy. An MC, to a first approximation, is a relatively pre-theoretical characterization of indeterminacy that is neutral between the various substantive theories of the nature and logic of indeterminacy. An (...) MC thus captures a generic sense of indeterminacy that, at least in principle, is recognized by all parties to the debate over the phenomenon’s underlying nature and logic. I begin by introducing the concept of an MC and outlining some of the main theoretical virtues of providing an MC. I then establish some desiderata on a suitable MC, and use these desiderata to rule out various initially attractive proposals. In the final part of the paper I sketch the beginnings of my own MC and defend it against objections. (shrink)

Governments around the world collect huge amounts of personal data from their citizens for counterterrorist purposes. While mining this data has arguably increased the security of populations, the practices through which these data are currently collected in many countries have been criticised for violating individuals’ rights to privacy. Yet it is not clear what a permissible data collection regime would look like and thus also how we could reform existing regimes to make them morally acceptable. This article explores a number (...) of ways in which we might justify a data collection regime to those affected in spite of the setbacks to their privacy. In contrast to existing justifications, I argue that individuals can be asked to surrender their personal data as a requirement of reciprocity in a cooperative system in which they gain security from others doing likewise. Relying on this justification, though, has significant implications for how we should reform existing data collection regimes. In particular, more stringent limits will need to be placed on the forms which these regimes can legitimately take. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

Critics of synergism often complain that the view entails Pelagianism, and so, critics think, monergism looks like the only live option. Critics of monergism often claim that the view entails that the blame for human sin ultimately traces to God. Recently, several philosophers have attempted to chart a middle path by offering soteriological accounts which are monergistic but maintain the resistibility of God’s grace. In this paper, we present a challenge to such accounts of the resistibility of grace, namely that (...) they imply that human beings are praiseworthy for omitting to resist God’s grace. Even if such views escape Pelagianism as it is typically defined, they fail to avoid the worry at the heart of prominent criticisms of Pelagianism concerning the praise for a human being’s salvation. At the end of the paper, we suggest three possible solutions to this problem. (shrink)

The relation between mind and matter is considered in terms of recent ideas from both phenomenology and brain science. Phenomenology is used to give clues to help bridge the brain-mind gap by providing constraints on any underlying neural architecture suggested from brain science. A tentative reduction of mind to matter is suggested and used to explain various features of phenomenological experience and of ownership of conscious experience. The crucial mechanism is the extended duration of the corollary discharge of attention movement, (...) with its gating of activity for related content. Aspects of experience considered in terms of the model are the discontinuous nature of consciousness, immunity to error through misidentification, and the state of 'pure' consciousness as experienced through meditation. Corollary discharge of attention movement is proposed as the key idea bringing together basic features of meditation, consciousness and neuroscience, and helping to bridge the gap between mind and matter. (shrink)

The most popular philosophical account of how death can harm (or be bad for) the deceased is the deprivation account, according to which death is bad insofar as it deprives the deceased of goods that would have been enjoyed by that person had the person not died. In this paper, the author surveys four main challenges to the deprivation account: the No-Harm-Done Argument, the No-Subject Argument, the Timing Argument, and the Symmetry Argument. These challenges are often raised by Epicureans, who (...) (following Epicurus) claim that death cannot harm the deceased, and each challenge is addressed in Thomas Nagel’s classic essay, “Death,” which has been very influential on recent developments in the literature on the philosophy of death. The author of this paper summarizes some of these recent developments as the challenges are considered. (shrink)

In an emergency, challenges faced by disabled individuals may be exacerbated by ineffective communication, power outages, transportation shortcomings, and inhospitable shelters. During Hurricanes Katrina and Rita, Gulf Coast shelters did not routinely provide closed captioning or sign language interpreters; for individuals with auditory disabilities, understanding instructions issued in these shelters was extremely difficult. Individuals with mobility-related disabilities experienced challenges evacuating from their homes due to public transportation that could not accommodate wheelchairs. After the hurricanes, difficulties arose in identifying wheelchair-accessible trailers (...) and in communicating with disabled trailer residents. Failing to anticipate these challenges intensifies the disadvantaged situation of those with disabilities during an emergency. (shrink)

Knowledge Representation and Reasoning (KR&R) is based on the idea that propositional content can be rigorously represented in formal languages long the province of logic, in such a way that these representations can be productively reasoned over by humans and machines; and that this reasoning can be used to produce knowledge-based systems (KBSs). As such, KR&R is a discipline conventionally regarded to range across parts of artificial intelligence (AI), computer science, and especially logic. This standard view of KR&R’s participating fields (...) is correct — but dangerously incomplete. The view is incomplete because, as we explain herein, sophisticated KR&R must rely heavily upon philosophy. Encapsulated, the reason is actually quite straightforward: Sophisticated KR&R must include the representation of not only simple properties, but also concepts that are routine in the formal sciences (theoretical computer science, mathematics, logic, game theory, etc.), and everyday socio-cognitive concepts like mendacity, deception, betrayal, and evil. Because in KR&R the representation of such concepts must be rigorous in order to enable machine reasoning (e.g., machine-generated and machine-checked proofs that a is lying to b) over them, philosophy, devoted as it is in no small part to supplying analyses of such concepts, is a crucial partner in the overall enterprise. To put the point another way: When the knowledge to be represented is such as to require lengthy formulas in expressive formal languages for that representation, philosophy must be involved in the game. In addition, insofar as the advance of KR&R must allow formalisms and processes for representing and reasoning over visual propositional content, philosophy will be a key contributor into the future. (shrink)

Our research seeks to answer the question of how a conventional commodity supply chain can be transformed into a disintermediated commodity supply chain in the context of the fair trade (FT) movement. We present a normative framework for conceptualizing the disintermediation process, exploring the variables bearing on this process using the case of FT coffee to illustrate our insights. We highlight the motivational sources driving FT, suggesting that it is increasingly to the advantage of multinational enterprises to leverage their market (...) power to circumvent intermediaries in the supply chain and, in so doing, shift a greater share of income and wealth to producing communities. A research agenda centered on building an FT supply‐chain disintermediation index is proposed. (shrink)