This article explores the extent to which it is or may be possible to have a claim both in contract and in restitution. Restitution will almost never be appropriate before a valid contract has been discharged but after it has been discharged a restitutionary claim may be available as well as a contractual one. A restitutionary claim cannot, however, be used to set aside the contractual allocation of risks. It is argued that while in the past English courts may have (...) been too willing to conclude that restitution would be inconsistent with the allocation of risks, the view of those striving to show the independence of restitution that there will always be a restitutionary claim unless the contract, construed strictly against the party resisting restitution, has excluded it, goes too far in the opposite direction. The terms of the contract and its nature are of vital importance to the existence and extent of any restitutionary claim Apart from the question of express or implied exclusion by a contractual remedial regime which is a complete code, the contract determines both whether contractual rights are "conditional" and defensible or "unconditional", and whether the acts of the person against whom restitution is sought constitute part performance of the contract which will either bar a claim or for which the plaintiff will have to give credit. (shrink)

Despite its short historical moment in the sun, behaviorism has become something akin to a theoria non grata, a position that dare not be explicitly endorsed. The reasons for this are complex, of course, and they include sociological factors which we cannot consider here, but to put it briefly: many have doubted the ambition to establish law-like relationships between mental states and behavior that dispense with any sort of mentalistic or intentional idiom, judging that explanations of intelligent behavior require reference (...) to qualia and/or mental events. Today, when behaviorism is discussed at all, it is usually in a negative manner, either as an attempt to discredit an opponent’s view via a reductio, or by enabling a position to distinguish its identity and positive claims by reference to what it is (allegedly) not. In this paper, however, we argue that the ghost of behaviorism is present in influential, contemporary work in the field of embodied and enactive cognition, and even in aspects of the phenomenological tradition that these theorists draw on. Rather than take this to be a problem for these views as some have, we argue that once the behaviorist dimensions are clarified and distinguished from the straw-man version of the view, it is in fact an asset, one which will help with task of setting forth a scientifically reputable version of enactivism and/or philosophical behaviorism that is nonetheless not brain-centric but behavior-centric. While this is a bit like “the enemy of my enemy is my friend” strategy, as Shaun Gallagher notes (2019), with the shared enemy of behaviorism and enactivism being classical Cartesian views and/or orthodox cognitivism in its various guises, the task of this paper is to render this alliance philosophically plausible. Doi: 10.1007/s11229-019-02432-1. (shrink)

Seeking a decision theory that can handle both the Newcomb problems that challenge evidential decision theory and the unstable problems that challenge causal decision theory, some philosophers recently have turned to ‘graded ratifiability’. However, the graded ratifiability approach to decision theory is, despite its virtues, unsatisfactory; for it conflicts with the platitude that it is always rationally permissible for an agent to knowingly choose their best option.

The paper argues that Spinoza may have deepened his conception of poetry as not only a resource for the understanding but as the highest peak of the understanding. I begin by reviewing selected literature on Spinoza’s views on language and show how Spinoza’s presentation of his philosophy builds on a conception of what language can do. I then make a succinct case for a reading of Ethics Part 5 Proposition 24, where we find an attempt at a poetic expression of (...) thought, as Spinoza explores what he considers the highest form of knowledge: intuitive science. -/- This is an original manuscript of an article published online by Taylor & Francis in the Australasian Philosophical Review on 20 Oct 2024. (shrink)

This paper develops a view on which: (a) all fundamental facts are absolute, (b) some facts do not supervene on the fundamental facts, and (c) only relative facts fail to supervene on the fundamental facts.

How can we be certain that software is reliable? Is there any method that can verify the correctness of software for all cases of interest? Computer scientists and software engineers have informally assumed that there is no fully general solution to the verification problem. In this paper, we survey approaches to the problem of software verification and offer a new proof for why there can be no general solution.

Rare Disease research has seen tremendous advancements over the last decades, with the development of new technologies, various global collaborative efforts and improved data sharing. To maximize the impact of and to further build on these developments, there is a need for model consent clauses for rare diseases research, in order to improve data interoperability, to meet the informational needs of participants, and to ensure proper ethical and legal use of data sources and participants’ overall protection. A global Task Force (...) was set up to develop model consent clauses specific to rare diseases research, that are comprehensive, harmonized, readily accessible, and internationally applicable, facilitating the recruitment and consent of rare disease research participants around the world. Existing consent forms and notices of consent were analyzed and classified under different consent themes, which were used as background to develop the model consent clauses. The IRDiRC-GA4GH MCC Task Force met in September 2018, to discuss and design model consent clauses. Based on analyzed consent forms, they listed generic core elements and designed the following rare disease research specific core elements; Rare Disease Research Introductory Clause, Familial Participation, Audio/Visual Imaging, Collecting, storing, sharing of rare disease data, Recontact for matching, Data Linkage, Return of Results to Family Members, Incapacity/Death, and Benefits. The model consent clauses presented in this article have been drafted to highlight consent elements that bear in mind the trends in rare disease research, while providing a tool to help foster harmonization and collaborative efforts. (shrink)

If there are vague propositions, then the question arises whether it is rational to care intrinsically about the vague. This paper argues—contra Bacon (2018), the most comprehensive defence of vague proposition to date—that it is. Some things, such as pain, may be rational to care intrinsically about only if precise, but some things, such as truth, are rational to care intrinsically about even if vague.

This collection of new essays presents cutting-edge research on the semantic conception of logic, the invariance criteria of logicality, grammaticality, and logical truth. Contributors explore the history of the semantic tradition, starting with Tarski, and its historical applications, while central criticisms of the tradition, and especially the use of invariance criteria to explain logicality, are revisited by the original participants in that debate. Other essays discuss more recent criticism of the approach, and researchers from mathematics and linguistics weigh in on (...) the role of the semantic tradition in their disciplines. This book will be invaluable to philosophers and logicians alike. (shrink)

Svirsky, Howard, and Berman argue that the Food and Drug Administration inhabits two types of roles which must be balanced: those of bringing about beneficial material change and those...

This volume celebrates the various facets of Alan Turing (1912–1954), the British mathematician and computing pioneer, widely considered as the father of computer science. It is aimed at the general reader, with additional notes and references for those who wish to explore the life and work of Turing more deeply. -/- The book is divided into eight parts, covering different aspects of Turing’s life and work. -/- Part I presents various biographical aspects of Turing, some from a personal point of (...) view. -/- Part II presents Turing’s universal machine (now known as a Turing machine), which provides a theoretical framework for reasoning about computation. His 1936 paper on this subject is widely seen as providing the starting point for the field of theoretical computer science. -/- Part III presents Turing’s working on codebreaking during World War II. While the War was a disastrous interlude for many, for Turing it provided a nationally important outlet for his creative genius. It is not an overstatement to say that without Turing, the War would probably have lasted longer, and may even have been lost by the Allies. The sensitive nature of Turning’s wartime work meant that much of this has been revealed only relatively recently. -/- Part IV presents Turing’s post-War work on computing, both at the National Physical Laboratory and at the University of Manchester. He made contributions to both hardware design, through the ACE computer at the NPL, and software, especially at Manchester. Part V covers Turing’s contribution to machine intelligence (now known as Artificial Intelligence or AI). Although Turing did not coin the term, he can be considered a founder of this field which is still active today, authoring a seminal paper in 1950. -/- Part VI covers morphogenesis, Turing’s last major scientific contribution, on the generation of seemingly random patterns in biology and on the mathematics behind such patterns. Interest in this area has increased rapidly in recent times in the field of bioinformatics, with Turing’s 1952 paper on this subject being frequently cited. -/- Part VII presents some of Turing’s mathematical influences and achievements. Turing was remarkably free of external influences, with few co-authors – Max Newman was an exception and acted as a mathematical mentor in both Cambridge and Manchester. -/- Part VIII considers Turing in a wider context, including his influence and legacy to science and in the public consciousness. -/- Reflecting Turing’s wide influence, the book includes contributions by authors from a wide variety of backgrounds. Contemporaries provide reminiscences, while there are perspectives by philosophers, mathematicians, computer scientists, historians of science, and museum curators. Some of the contributors gave presentations at Turing Centenary meetings in 2012 in Bletchley Park, King’s College Cambridge, and Oxford University, and several of the chapters in this volume are based on those presentations – some through transcription of the original talks, especially for Turing’s contemporaries, now aged in their 90s. Sadly, some contributors died before the publication of this book, hence its dedication to them. -/- For those interested in personal recollections, Chapters 2, 3, 11, 12, 16, 17, and 36 will be of interest. For philosophical aspects of Turing’s work, see Chapters 6, 7, 26–31, and 41. Mathematical perspectives can be found in Chapters 35 and 37–39. Historical perspectives can be found in Chapters 4, 8, 9, 10, 13–15, 18, 19, 21–25, 34, and 40. With respect to Turing’s body of work, the treatment in Parts II–VI is broadly chronological. We have attempted to be comprehensive with respect to all the important aspects of Turing’s achievements, and the book can be read cover to cover, or the chapters can be tackled individually if desired. There are cross-references between chapters where appropriate, and some chapters will inevitably overlap. -/- We hope that you enjoy this volume as part of your library and that you will dip into it whenever you wish to enter the multifaceted world of Alan Turing. (shrink)

A study of selected popular literature on Spinoza for the Blackwell Companion to Spinoza.

Scholars who mention the turn to Aristotelian virtue ethics in the Mid-Twentieth Century tend to cite G. E. M. Anscombe’s famous ‘complaint’, and sometimes Alasdair MacIntyre’s After Virtue. It is less usual to write of Roger Scruton. Placed in the context of Bernard Williams and John Casey’s works – at the intersection of moral philosophy and the philosophy of the emotions – Scruton’s theory of the imagination is shown to concern the rationality of moral attitudes. In short, it concerns virtue (...) ethics. Of broader interest, following Scruton’s arguments, his aesthetics may be conceived as concerning stores of moral knowledge; this is by virtue of the sensuous conditioning of the thought-content of moral judgement. The centrality of imitation to Aristotelian ethics, in other words, finds its concomitant in the object of imitation as the artwork. It is my view that Scruton’s work, Art and Imagination (his PhD thesis of 1973), is an attempt to provide a framework for the judgement involved in virtue ethics, concerning both intentionality and object. (shrink)

In this article, I examine the purpose of public philosophy, challenging the claim that its goal is to create better citizens. I define public philosophy narrowly as the act of professional philosophers engaging with non-professionals, in a non-academic setting, with the specific aim of exploring issues philosophically. The paper is divided into three sections. The first contrasts professional and public philosophy with special attention to the assessment mechanism in each. The second examines the relationship between public philosophy and citizenship, calling (...) into question the effect public philosophy has on political reasoning. The third focuses on the practice of public philosophy, describing actual events to investigate the nature and limits of their outcomes. I conclude that public philosophy aims at future philosophical inquiry but is best considered a form of entertainment. (shrink)

In “The Bioethics of Environmental Injustice: Ethical, Legal, and Clinical Implications of Unhealthy Environments,” Keisha Ray and Jane Fallis Cooper argue that one aspect of environmental health h...

This paper addresses the question of whether Medicaid is in fact a high-cost program after adjusting for the health of the people it covers. We compare and simulate annual per capita medical spending for lower-income people (families with incomes under 200% of poverty) covered for a full year by either Medicaid or private insurance. We first show that low-income privately insured enrollees and Medicaid enrollees have very different socioeconomic and health characteristics. We then present simulated comparisons based on multivariate statistical (...) models that estimate the effects of private and Medicaid coverage on the likelihood of using services, and the level of expenditures, given any use, holding constant demographic, economic, and health status characteristics. The simulations demonstrate that if people with Medicaid coverage—with their health status, disability, and chronic conditions—were given private coverage, they would cost considerably more than they do today. Conversely, if the privately insured were given Medicaid coverage, spending would be lower. We find no evidence that spending differences between Medicaid and private coverage for low-income people are due to lower service use by Medicaid beneficiaries. We conclude that most of the difference in expenditures is due to differences in provider payment rates. (shrink)

Self-driving cars promise solutions to some of the hazards of human driving but there are important questions about the safety of these new technologies. This paper takes a qualitative social science approach to the question ‘how safe is safe enough?’ Drawing on 50 interviews with people developing and researching self-driving cars, I describe two dominant narratives of safety. The first, safety-in-numbers, sees safety as a self-evident property of the technology and offers metrics in an attempt to reassure the public. The (...) second approach, safety-by-design, starts with the challenge of safety assurance and sees the technology as intrinsically problematic. The first approach is concerned only with performance—what a self-driving system does. The second is also concerned with why systems do what they do and how they should be tested. Using insights from workshops with members of the public, I introduce a further concern that will define trustworthy self-driving cars: the intended and perceived purposes of a system. Engineers’ safety assurances will have their credibility tested in public. ‘How safe is safe enough?’ prompts further questions: ‘safe enough for what?’ and ‘safe enough for whom?’. (shrink)

The study of highly imagistic representations of Spinoza's philosophy found in popular, extra‐academic literature is essential for building a rational view on Spinoza's philosophy. Popular literature on Spinoza is an ineliminable condition of academic literature on Spinoza. The cementing of Spinoza's popularity belongs to a larger history of Spinoza's reception. This chapter examines two late‐nineteenth and early‐twentieth century works on Spinoza. Jules Prat's idiosyncratic blend of Spinozism and left‐wing French Republicanism stands out as a historically and philosophically rich approach to (...) Spinoza that has hardly been studied thus far. The chapter also examines the fiction of Isaac Bashevis Singer and Bernard Malamud. One common feature to Singer and Malamud is the way that they root their Spinozists in a Jewish world. In this, they are forerunners of the ongoing popular preoccupation with Spinoza's own relation to Judaism. (shrink)

In this paper, I inspect the grounds for the mature Spinozist argument for substance monism. The argument is succinctly stated at Ethics Part 1, Proposition 14. The argument appeals to two explicit premises: (1) that there must be a substance with all attributes; (2) that substances cannot share their attributes. In conjunction with a third implicit premise, that a substance cannot not have any attribute whatsoever, Spinoza infers that there can be no more than one substance. I begin the inspection (...) with the analysis of the first premise, which is provided in the form of the four proofs of God’s existence in Ethics Part 1, Proposition 11. While demonstrating how Spinoza adopts a progressive approach, where the fourth proof of God’s existence is more successful and persuasive than the third, which is more successful than the second, etc., I also unpack concepts central to Spinoza’s thinking here, including the concepts of reason (ratio) and power (potesta or potentia). I then analyze the second premise of the Spinozist argument for substance monism, as established by Ethics Part 1, Proposition 4 in conjunction with Ethics Part 1, Proposition 5. I take up and respond to the objection attributed to Leibniz that a substance p can have the attributes x and y and a substance q can have the attributes y and z, and thus that substances can share some attributes while remaining distinct. Throughout the study, my attention is focused on the argumentative procedures Spinoza adopts. This yields a close, internalist reading of the text where Spinoza effectively embraces substance monism. In conclusion to this study, I underscore to the originality of Spinoza’s argument for seventeenth century theories of substance. (shrink)

In this article, I examine the purpose of public philosophy, challenging the claim that its goal is to create better citizens. I define public philosophy narrowly as the act of professional philosophers engaging with nonprofessionals, in a non-academic setting, with the specific aim of exploring issues philosophically. The paper is divided into three sections. The first contrasts professional and public philosophy with special attention to the assessment mechanism in each. The second examines the relationship between public philosophy and citizenship, calling (...) into question the effect public philosophy has on political reasoning. The third focuses on the practice of public philosophy, describing actual events to investigate the nature and limits of their outcomes. I conclude that public philosophy aims at future philosophical inquiry but is best considered a form of entertainment. (shrink)

Jean-Claude Milner’s Le sage trompeur (2013), a controversial recent piece of French Spinoza literature, remains regrettably understudied in the English-speaking world. Adopting Leo Strauss’ esoteric reading method, Milner alleges that Spinoza dissimulates his genuine analysis of the causes of the persecution and survival of the Jewish people within a brief “manifesto” found at the end of the Tractatus Theologico-Politicus (TTP), Chapter 3. According to Milner, Spinoza holds that the Jewish people themselves are responsible for the hatred of the Jewish people, (...) and that the engine of their longevity is the hatred they engender. Additionally, claims Milner, Spinoza covertly insinuates that the solution to this persistent state of hatred consists in the mass apostasy of the Jewish people under the leadership of a Sabbatai Zevi-like figure. This article presents the Milner–Spinoza controversy to the English-speaking public along with the larger context of French-language scholarship on Spinoza’s relation to Judaism. While refuting Milner’s reading of Spinoza, I simultaneously clarify relevant elements of Spinoza’s discussions of Judaism in the TTP, such as Spinoza’s examination of Jewish identity and the nature of divine election, Spinoza’s understanding of the causes of national hatred, and Spinoza’s appeals to Portuguese, Spanish, Chinese, and Turkish political history. -/- This is an original manuscript of an article published by Oxford University Press in Modern Judaism: A Journal of Jewish Ideas and Experience on 05 May 2020. (shrink)

The thesis presented here focuses on the concept of totality in the work of the contemporary cultural critic Fredric Jameson (1934–). By totality, we mean how the human heart enables the human body, but without the body, the heart has no part concerning the whole; they are mutually dependent. This work shall argue that totality is the allegorical figuration framing Jameson’s political critiques of modernity in The Political Unconscious (1981) and Postmodernism (1991). The postmodern world today as an absent totality (...) represents the contradiction in Jameson: We live in a complex world despite its unrepresentability. Whilst studies of early Jameson have interpreted his works through postmodernity and cognitive mapping, their unsubstantiation of Jameson’s later totality has resulted in not being able to explicate Jameson’s view of the a-historicity of postmodernity. Part One shall examine Jameson’s readings of Immanuel Kant and Georg Hegel, demonstrating that Hegel’s critique of Kant concerning the boundary of knowledge includes its overcoming and that Hegelian totality is not closed, permitting Jameson to represent the world as an open totality. Part Two shall argue that Jameson’s reading of the works of Karl Marx and the Marxist tradition of Georg Lukács, Theodor Adorno and Walter Benjamin reinforces totality in their writing styles, which allows Jameson to glimpse totality through writing. Part Three shall argue that totality in Jameson’s interpretation of Johann Wolfgang von Goethe’s novel Wilhelm Meisters Lehrjahre (1796) is at work and that Friedrich Schlegel’s novel Lucinde (1799) elucidates a counterpoint to totality which can be used to understand non-dialectical thinkers which Jameson examines such as Martin Heidegger, Jacques Derrida and Gilles Deleuze. Part Four shall argue that Jameson’s reading of these thinkers is justified in critiquing their productive misreadings of totality as closed, informing their political quietism, thereby re-politicising totality as an allegory. (shrink)

This article examines turns prefaced by `look'. Analysis indicates that `look'-prefaced turns in first position are used to launch a course of action. In second position, prefacing by `look' serves to mark a disjunction and redirection of the talk away from the conditionally relevant next action and towards some alternative. Examples from recorded conversations and news interviews reveal participants' own orientation to these functions of `look'-prefaced turns. Moreover, comparison with turns prefaced by `listen', which also launch courses of action, suggests (...) that `look'-prefaced turns have an intercessionary function. (shrink)

It has been proven that philosophical dialogues and debates using digital information dissemination tools now play a leading role in popularizing philosophy beyond the academic community. It has been established that the main differences between oral dialogue and printed interviews are the degree of text editing, the possibility of changing the positions of dialogue participants, the presence of speech intonational and emotional colouring, and stylistic communication limitations. The perceptual advantages of oral dialogue lie in its accessibility to a wide range (...) of people, deeper immersion in the communicative situation, and a better understanding of the personal traits of the communication participants. (shrink)

Encyclopedia entry for the Springer Encyclopedia of EM Phil and the Sciences, ed. D. Jalobeanu and C. T. Wolfe.

Une analyse de l'interprétation de la philosophie spinoziste comme philosophie de l'immanence soutenue par G. Deleuze, notamment dans "Qu'est-ce que la philosophie?" (Paris: Éd. Minuit, 1991).