Contemporary tort theory is dominated by a debate between legal economists and corrective-justice theorists. Legal economists suppose that tortfeasors and tortious wrongs are false targets for cheapest cost-avoiders and avoidable future losses. Corrective-justice theorists argue powerfully that the economic account of tort as search for cheapest cost-avoiders with respect to future accidents does not capture the most fundamental fact about tort adjudication, namely, that the reason we hold defendants liable in tort is that they have wronged their victims and should (...) therefore repair the harm they have done. Deterring cheapest cost-avoiders from committing future harms no more justifies imposing liability in tort than deterring future crime justifies hanging the innocent. This is a powerful critique of the economic theory of tort, but it overshoots the mark. As an account of tort law, corrective justice puts the cart before the horse Tort is a law of wrongs, not just a law of redress for wrongs. Repairing harm wrongly done is the next best way of complying with an obligation not to do harm wrongly in the first place. Rights and remedies form a unity in which rights have priority. Corrective justice is thus an essential but subordinate aspect of tort. This paper develops this line of criticism of corrective-justice theory and offers an alternative account of tort that places primary norms of harm avoidance and respect for rights at its center. On this conception, tort isa law of wrongs, but its distinctiveness lies in the content and character of the wrongs with which it is concerned. At its core, tort is concerned with protecting essential conditions of individual agency. (shrink)

The tort law of negligence is one of our principal forms of protection against accidental physical injury. But it is underspecified in one respect and incomplete in another. The common law of negligence is underspecified in that its norm of reasonable care does not register clearly enough the fact that it is reasonable to take greater precautions against some kinds of physical injuries — severe and irreparable ones — than it is against other kinds — mild and fully repairable ones. (...) The common law of negligence is incomplete in that it relies on the award of money damages to induce prospective injurers to exercise reasonable care prospectively, yet does not so much as attempt to fully monetize the harm done by unreasonable risks that result in death. (shrink)

Adam Slavny's Wrongs, Harms, and Compensation: Paying for Our Mistakes (OUP, 2023) is predicated on a break with a foundational assumption of most contemporary tort theory. It renounces all aspirat...

In lieu of an abstract, here is a brief excerpt of the content:Catholic Postliberalism in the Ruins of "the Catholic Moment"James F. KeatingA historically conversant reader interested in the current state of discourse regarding Catholicism and American politics will find a good amount of familiar discord. He will discover, for example, that the life issues continue to bedevil. Can a Catholic vote in good conscience for an abortion-rights candidate over a pro-life competitor if that candidate is more supportive of other (...) policies in line with Catholic Social Teaching? This issue has, of course, been with the American Church for some time now, even if it has taken on renewed urgency given the coincidence of the overturning of Roe v. Wade with the presidency of Joseph Biden, the second Roman Catholic to hold that office and a recent convert to pro-choice stridency. The action of the Supreme Court and the battles within the various states will ensure that abortion remains at the political heart of American Catholicism for years to come. One can say something similar about other issues, such as immigration, gun control, and economic justice. None of this will be found to be particularly surprising. The same cannot be said, however, of the return of a more fundamental question, one thought to have been settled since the mid-1960s. That question is whether Roman Catholicism and American liberal democracy are incompatible to the extent that Catholics ought to seek, if possible, another constitutional arrangement, one more friendly to the Catholic cause.Our reader would be familiar with the standard narrative that, while the existence of a medieval Church in a modern polity that upholds religious freedom had been a matter of concern since the dawn of the Republic, it [End Page 991] became serious only in the first half of the twentieth century as the number of Catholics and their influence grew. Until that time, American bishops, such as Archbishop John Ireland (1815–1918), made a special point of speaking publicly on the benefits of American freedom for the Church, just as they made clear that Catholics could be as patriotic as any other citizen. If there were tensions, they came primarily from anti-Catholic bigotry and governmental overreach. Things changed, however, when the point at issue was no longer primarily a religious one of Catholic believers infecting their Protestant neighbors with erroneous doctrine, but rather the threat so many Catholics posed to the fate of American freedom itself. In a postwar America concerned with the spread of Soviet communism, Paul Blanshard found a ready audience for his scholarly anti-Catholic diatribes, American Freedom and Catholic Power (1949) and Communism, Democracy, and Catholic Power (1951).1 Without much difficultly, he pointed to various statements of Gregory XVI and Pius IX condemning the separation of Church and state, the freedom of religious conscience, and democracy as the best governmental form. To top things off, he had Leo XIII's Testem Benevolentiae, an 1899 letter to the Cardinal Archbishop James Gibbons of Baltimore, warning him and his fellow bishops not to speak of the constitutional arrangement of the United States as a political ideal. While Leo had positive things to say about the American system, his admonition followed the traditional line: while constitutional protections of religious freedom are necessary when Catholics are in the minority, the ideal situation is a state that officially confesses and supports the Catholic religion. Of more recent vintage, Blanshard could quote the response of America's best-known Catholic theologian, Monsignor John A. Ryan, to the question of whether non-Catholics would be permitted to practice their religion in this ideal state:If these are carried on within the family, or in such inconspicuous manner as to be an occasion neither of scandal nor of perversion to the faithful, they may be properly tolerated by the State,... Quite distinct from the performance of false religious worship and preaching to the members of the erring sects, is the propagation of the false doctrine among Catholics. This could become a source of injury, a positive menace, to the religious welfare of true believers. Against such an evil they have a right of protection by the Catholic State... If there is only one true religion, and... (shrink)

An important contribution of Gregory Keating’s Reasonableness and Risk is to mount objections to law and economics whilst articulating an alternative deontological vision of tort law to that offered by corrective justice theorists. In this paper I offer two reservations about Keating’s account. One is that some forms of consequentialism can accommodate at least some aspects of his deontological theory, so we must be careful to distinguish between claims that strike at the heart of consequentialism and those (...) that are only a problem for wealth maximisation. The second is that there are yet other varieties of deontology besides Kantianism and Keating’s alternative to it, and while I accept some of Keating’s claims, I think we should reject others. I will make the case for each of these reservations via discussion of three core features of Keating’s account: the harm/benefit asymmetry, the commitment to objective rather than subjective valuation, and his justification of strict liability. (shrink)

This book explores an important central thread that unifies Russell's thoughts on logic in two works previously considered at odds with each other, the Principles of Mathematics and the later Principia Mathematica. This thread is Russell's doctrine that logic is an absolutely general science and that any calculus for it must embrace wholly unrestricted variables. The heart of Landini's book is a careful analysis of Russell's largely unpublished "substitutional" theory. On Landini's showing, the substitutional theory reveals the unity of Russell's (...) philosophy of logic and offers new avenues for a genuine solution of the paradoxes plaguing Logicism. (shrink)

ABSTRACT:Although Alasdair MacIntyre has criticized both the market economy and applied ethics, his writing has generated significant discussion within the literature of business ethics and organizational studies. In this article, I extend this conversation by proposing the use of MacIntyre’s account of the virtues to conceive of management as a domain-relative practice that requires and develops practical wisdom. I proceed in four steps. First, I explain MacIntyre’s account of the virtues in light of his definition of a “practice.” Second, I (...) examine his distinction between “practices” and “institutions.” Third, I explain what I mean by a “domain-relative practice” and defend the claim that it is helpful to conceive of management in those terms. Finally, I highlight several features of practical wisdom as a virtue developed in and integral to standards of excellence within management as a domain-relative practice. (shrink)

American Philosophy is the first introduction to the tradition of American philosophy that frames the history of the philosophical ideas in the history of America. This is an extraordinary accomplishment that is long overdue. The book tells the story of a philosophical tradition that is shaped by, and critically reacts to, major events in the history of the USA. In their introduction, McKenna and Pratt explain what the American philosophical tradition stood for. For many of the philosophers mentioned in this (...) volume any worthwhile philosophy “should be understood as an activity that arises from experience” and must be committed to ongoing reconstruction of present circumstances as they are lived. Consistent... (shrink)

Contains 1,001 entries that explore issues of philosophy, psychology, and the physiology of the brain, touching on topics such as sleep, bilingualism, criminology, language, and the workings of the nervous system, and includes biographies of major authorities on the workings of the mind.

Coherentism maintains that coherent beliefs are more likely to be true than incoherent beliefs, and that coherent evidence provides more confirmation of a hypothesis when the evidence is made coherent by the explanation provided by that hypothesis. Although probabilistic models of credence ought to be well-suited to justifying such claims, negative results from Bayesian epistemology have suggested otherwise. In this essay we argue that the connection between coherence and confirmation should be understood as a relation mediated by the causal relationships (...) among the evidence and a hypothesis, and we offer a framework for doing so by fitting together probabilistic models of coherence, confirmation, and causation. We show that the causal structure among the evidence and hypothesis is sometimes enough to determine whether the coherence of the evidence boosts confirmation of the hypothesis, makes no difference to it, or even reduces it. We also show that, ceteris paribus, it is not the coherence of the evidence that boosts confirmation, but rather the ratio of the coherence of the evidence to the coherence of the evidence conditional on a hypothesis. (shrink)

This collection highlights such issues as how the nature of time is relevant to the question of whether God is temporal and how God's other attributes are ...

What is the role (or roles) of mathematical theory in ecology and evolutionary biology? How does the construction of such theory advance our understanding? The lack of clear answers to this pair of questions has been a source of controversy both within the sciences themselves, and in the philosophical discussions of these sciences as well. In an attempt to shed some light on these issues, I look at what some biologists have had to say on the matter and at some (...) particular examples. I then draw some morals about the constraints on a successful philosophical treatment of the problem and on the limitations of current philosophical approaches to this type of theoretical explanation. (shrink)

... THIRD WORLD EPISTEMOLOGY L. Jonathan Cohen . Sir Karl Popper's striking hypothesis about a third world of objective knowledge deserves careful scrutiny ...

This paper argues that Carnap both did not view and should not have viewed Frege's project in the foundations of mathematics as misguided metaphysics. The reason for this is that Frege's project was to give an explication of number in a very Carnapian sense — something that was not lost on Carnap. Furthermore, Frege gives pragmatic justification for the basic features of his system, especially where there are ontological considerations. It will be argued that even on the question of the (...) independent existence of abstract objects, Frege and Carnap held remarkably similar views. I close with a discussion of why, despite all this, Frege would not accept the principle of tolerance. (shrink)

This leading scholar draws on extensive research from four plurinational states - the United Kingdom, Spain, Belgium, and Canada - to provide a radical rethink of the very nature of sovereignty and the state. This innovative account demonstrates how transnational integration and other demands on the nation-state have broken the automatic link between state and nation, and goes on to provide a major new analysis of the subsequent challenges of recognition of nationality and democracy.

Leading bioethicist Gregory Pence demystifies seven foundational theories of addiction to reveal how they must work together to build more comprehensive solutions. Concerned citizens, individuals suffering from addiction, their families, and those who devote their lives to fighting addiction will find this new perspective a hopeful call to arms.

This volume examines the diversity of new scientific theories of religion, by outlining the logical and causal relationships between these enterprises.

Preface : migrations without migrants and migrants without migrations -- Introduction : the presence of migrant-hood and the absence of politics -- Atomization : the ubiquitous condition of migrant-hood -- Activity : atomization through connection -- Action : the presence of politics and the absence of migrant-hood.

Quine’s ‘Two Dogmas of Empiricism’ is generally seen as overturning Carnap’s epistemological picture of mathematics and the sciences. However, I wish to stress how this paper grew out of arguments not having anything to do with large-scale epistemological concerns, but ones originally presented against quantified modal logic. Quine thought he could demonstrate the impossibility of adding anything like ordinary quantification to modal logic, but Barcan Marcus did exactly this. In fact, as I will argue, ‘Two Dogmas ...’ can be seen (...) as growing out of a 1947 paper of Quine’s where Barcan Marcus is the explicit target. Later, in certain exchanges with Quine, Barcan Marcus puts forward and defends a consistent and interesting position on matters of ontology and the philosophy of language. This chapter will examine Barcan Marcus’s role in both the debate over analyticity and the debate on (meta-)ontology. (shrink)

Gregory Lavers gives us a timeline of Waismann’s career, an overview of Waismann’s most significant publications in this later period and a detailed walkthrough from the first to the last paper of Waismann’s series on analyticity, “Analytic - Synthetic”. Lavers closes his paper with comparisons of Waismann and Quine as well as Waismann and Carnap. Both Waismann and Quine argue that the concept of analyticity is vague and both reject reductionism. However, behind these superficial similarities we find fundamentally different (...) epistemologies. According to Lavers, the web of inferential relations, spanning from every experience to any item of scientific knowledge, that supports the outlook suggested by Quine, is rejected as manifestly wrong by Waismann. Conversely, Lavers shows that despite superficial contrasts between Waismann and Carnap—Waismann being interested in the subtleties of natural language, Carnap in replacing these through explication—the two do not really oppose each other’s’ views on analyticity and necessary truth. (shrink)

John Gregory presents new translations of a selection of key passages from Neoplatonist writings, an introduction that puts in context the writings, and an..

According to the seventh-century C.E. philosopher Kumārila Bhat.t.a, epistemic agents are warranted in taking their world-presenting experiences as veridical, if they lack defeaters. For him, these experiences are defeasibly sources of knowledge without the agent reflecting on their content or investigating their causal origins. This position is known as svatah prāmāṇya in Sanskrit (henceforth the SP principle). -/- As explicated by the eleventh-century commentator, Pārthasārathi Misŕa, this position entails that epistemic agents know things without simultaneously knowing that they know them, (...) or being in a position to know that they know. In contrast, some contemporary Anglo-analytic philosophers argue for the “knows-knows principle” (KK principle), in which if someone knows that p, then that person also knows that they know that p, or that person is in a position to know that they know p. Despite some apparent similarities, the SP principle is not a version of the KK principle, nor would Pārthasārathi’s Kumārila have held the KK principle. -/- Recently, Daniel Immerman (2018) has argued that the SP principle is a position-to-know version of the “knows-knows principle” (KK-pos principle). By examining Kumārila’s response to his Buddhist opponent, who challenges the veracity of Vedic testimony, we will see that Kumārila understands higher-order knowing as involving an independent check on one’s epistemic processes, through an epistemic instrument known as postulation (arthāpatti). This precludes him from holding the KK-pos principle. (shrink)

There has been some concern m recent years that economic interests in the biotechnology area could, particularly through patenting, have a constricting influence on scientific research. Despite this concern, there have been no studies of this phenomenon beyond isolated cases. In this article we examine the evolution of the biomedical field of hybridoma/monoclonal antibody research with detailed examples of the three types of patent claims that have emerged there—basic claims, claims on application techniques, and claims on specific antibodies. We analyze (...) the impact of these claims and their legal histories on the free flow of scientific information and, the activity of scientific researchers. We conclude that such patent claims present severe restrictions for both, not only in the monoclonal area but in general, amounting to a subtle but significant shift in the political economy of science and technology. (shrink)