This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and its (...) counterfeits, coercive force, incapacity, and choice of death. (shrink)

Foucault's rejection of the repressive hypothesis is generally taken as a critique of Freud. Its real target is, however, the left Freudian tradition, which received its paradigmatic articulation in the work of Herbert Marcuse. Marcuse sought to show that the conflict between the repressive demands of civilization and instinctual desires of the individual didn't represent a transhistorical state of affairs, as Freud maintained. He argues, rather, that it represents a particular historical constellation that can be transcended. Foucault purports to reject (...) the entire structure in which the problem arises, that is, the conflict between the demands of civilization and bodily based desire. The thesis of this article is, however, that he doesn't reject the conflict, but simply displaces it. In his scheme, the displaced conflict takes place between the apparatus of sexuality and bodies and pleasures. Furthermore, Foucault maintains that the emancipation of bodies and pleasures from their entrapment in the apparatus of sexuality constitutes the desirable political program. The diagnosis of the situation and the suggested political remedy are, in other words, exactly parallel to Marcuse's. (shrink)

Bayesian conceptions of evidence have been invoked in recent arguments regarding the existence of God, the hypothesis of multiple physical universes, and the Doomsday Argument. Philosophers writing on these topics often claim that, given a Bayesian account of evidence, our existence or something entailed by our existence (perhaps in conjunction with some background knowledge or assumption) may serve as evidence for each of us. In this paper, I argue that this widespread view is mistaken. The mere fact of one's existence (...) qua conscious creature cannot serve as evidence on the standard Bayesian conception of evidence because knowledge of one's existence is a necessary part of the background knowledge relative to which all epistemic probabilities are defined. It follows that some formulations of the fine-tuning argument (for theism or a multiverse), the argument from consciousness (for theism) and a rejoinder to the Doomsday argument are mistaken. (shrink)

Biologists and philosophers have long recognized the importance of species, yet species concepts serve two masters, evolutionary theory on the one hand and taxonomy on the other. Much of present-day evolutionary and systematic biology has confounded these two roles primarily through use of the biological species concept. Theories require entities that are real, discrete, irreducible, and comparable. Within the neo-Darwinian synthesis, however, biological species have been treated as real or subjectively delimited entities, discrete or nondiscrete, and they are often capable (...) of being decomposed into other, smaller units. Because of this, biological species are generally not comparable across different groups of organisms, which implies that the ontological structure of evolutionary theory requires modification. Some biologists, including proponents of the biological species concept, have argued that no species concept is universally applicable across all organisms. Such a view means, however, that the history of life cannot be embraced by a common theory of ancestry and descent if that theory uses species as its entities.These ontological and biological difficulties can be alleviated if species are defined in terms of evolutionary units. The latter are irreducible clusters of reproductively cohesive organisms that are diagnosably distinct from other such clusters. Unlike biological species, which can include two or more evolutionary units, these phylogenetic species are discrete entities in space and time and capable of being compared from one group to the next. (shrink)

: This paper addresses the need to examine teaching practices from the observation that they are beyond what they should be. This task devolved to scientists of education is to learn about teaching practices in their relationship to student learning in order to build the database useful to teacher educators and reflexivity necessary for any teacher about their own practice. The concepts of competence, pattern and are useful instrument in this endeavor of explanation and understanding of the practices. The proposed (...) theoretical framework is illustrated by a perspective of teaching practices of teachers in schools and colleges. These differ in many aspects and this requires the testing of new hypotheses to explain -/- La présente contribution traite de la nécessité d’étudier les pratiques d’enseignement à partir du constat de ce qu’elles sont au delà de ce qu’elles devraient être. Cette tâche dévolue aux chercheurs en sciences de l’éducation vise à mieux connaître les pratiques d’enseignement dans leurs relations aux apprentissages des élèves afin de constituer la base de données utiles aux formateurs d’enseignants et nécessaire à toute réflexivité des enseignants à propos de leur propre pratique. Les notions de compétence, de schème et d’instrument sont utiles à cette entreprise d’explication et de compréhension des pratiques. La proposition de cadrage théorique est illustrée par une mise en perspective des pratiques d’enseignement de professeurs des écoles et de collèges. Celles-ci se distinguent sur bien des aspects ce qui réclame la mise à l’épreuve de nouvelles hypothèses explicatives. (shrink)

Kant's introduction of a distinctive form of philosophical investigation and proof, known as transcendental, inaugurated a new philosophical tradition. Transcendental Philosophy and Naturalism assesses the present state and contemporary relevance of this tradition. The contributors aim to understand the theoretical structures involved in transcendental explanation, and to assess the contemporary relevance of the transcendental orientation, in particular with respect to contemporary philosophical naturalism. These issues are approached from both naturalistic and transcendental perspectives.

I am grateful to Philip Reed for his article ‘Expressivism at the Beginning and End of Life’. His piece compellingly demonstrates the import of expanding analyses concerning the expressivist thesis beyond the reproductive sphere to the end-of-life sphere. I hope that his intervention spurns further work on this connection. In what follows, I want to focus on what I take to be moments of slippage in his use of the concept of disability, a slippage to which many disability theorists succumb. (...) In short, I argue that there are crucial moments in his argument where Reed runs together cases of disability that should be kept distinct—at minimum for the context in which he discusses them. Namely, forms of disability the suffering of which justice can eliminate versus those that ‘no amount of accessibility and social justice could eliminate’. (shrink)

Research on innovation often highlights analogies from sources outside the current problem domain as a major source of novel concepts; however, the mechanisms underlying this relationship are not well understood. We analyzed the temporal interplay between far analogy use and creative concept generation in a professional design team's brainstorming conversations, investigating the hypothesis that far analogies lead directly to very novel concepts via large steps in conceptual spaces . Surprisingly, we found that concepts were more similar to their preceding concepts (...) after far analogy use compared to baseline situations . Yet far analogies increased the team's concept generation rate compared to baseline conditions. Overall, these results challenge the view that far analogies primarily lead to novel concepts via jumps in conceptual spaces and suggest alternative pathways from far analogies to novel concepts. (shrink)

Corporations have scrambled to bring to market products positioned and advertised as addressing the needs of the environmentally-conscious consumer. The vast majority of claims presented in support of these products are best described, however, as confused, misleading or outright illegal. Ethical considerations have not yet been integrated into environmental marketing, and as a result, long-term harm on both the individual and societal level may result. A framework for reversing this trend is presented. It identifies the sequence of actions necessary for (...) the development and communication of ethical environmental marketing claims. The sequence is based upon two aspects of ethical theory: moral style and normative behavior. Specific implications for marketers'' actions at each stage in the sequence of framework development are also discussed. (shrink)

In the second half of this essay, we continue our reading of Leo Strauss’ important later essay on Maimonides, ‘How to Begin to Study the Guide of the Perplexed’. Our method is to try, as best as we are able, to read this essay as Strauss directs us to read esoteric texts in Persecution and the Art of Writing. As a means of testing and attempting to confirm our reading of this difficult later essay on Maimonides, we will close by (...) situating our reading of ‘How to Begin to Study’ and Strauss’ partly concealed positions there on philosophy, prophecy and the Torah alongside the claims of his earlier, much less esoteric, but also rarely studied 1930s essay: ‘Some Remarks on the Political Science of Maimonides and Farabi’. Because of the widely recognised foundational importance of Maimonides in understanding Leo Strauss’ own lasting positions, this work aims at making a contribution to the continuing, and presently highly contentious, task of trying to understand Strauss’ thoughts on Athens and Jerusalem, reason and revelation, the city and man. (shrink)

The commentaries on our target article have raised important issues about central neuroplasticity and its role in persistent pain states. Some suggest that central neuroplasticity plays nothing more than a minor role in persistent pain, while others argue that persistent pain depends critically on peripheral inputs for its maintenance. Some stress that persistent pain relies to a large extent on changes in the brain and on centrifugal inputs from brain to spinal cord, whereas others argue that it depends on alterations (...) in inhibitory as well as excitatory systems. We attempt to addresseach of the commentators' points, while defending our position that central neuroplasticity is critical to pathological persistent pain states. (shrink)

Ainslie's insightful treatment of dynamically inconsistent choice stands in contrast to traditional views in psychology, economics, and philosophy. We comment on the form of the discounting function and on new findings regarding choice between delayed rewards. Finally, we argue that the positive correlation between temporal and probability discounting is inconsistent with the view that impulsivity represents a unitary trait.

In this essay, I answer Nick Trakakis’ second critique of my argument against the adequacy of traditional free will theodicy. I argue, first, that Trakakis errs in his implicit assertion that my argument relies upon our being strongly malevolent by nature. I argue, second, that Trakakis errs in thinking that our being weakly benevolent, morally bivalent, or weakly malevolent by nature is sufficient to refute my critique of the traditional freewill theodicy. I still maintain that the argument from freedom of (...) the will offers an explanation of moral evil that is, in the final analysis, manifestly inadequate. (shrink)

In this essay, I respond to Nick Trakakis’ “A Third (Meta-)Critique.” This critique is directed against my argument concerning the inadequacy of the traditional theistic argument from free will. I contend that the argument from free will does not adequately explain the distribution of moral evil in the world. I maintain that the third critique, like Trakakis’ earlier critiques, is unconvincing. I remain convinced that my original argument regarding the inadequacy of the traditional argument from free will is compelling. The (...) argument from freedom of the will, considered in itself, is unpersuasive. (shrink)

This chapter focuses on the implications of economically self‐interested behavior by voters and lobbyists, rather than important issues of irredentism, demagoguery, and security. It also focuses on the political problems of liberalizing migration between poor and wealthy states. Economists often support temporary migration in order to guard against potential adverse effects of brain drain. International organizations can serve to engage in surveillance, communication, and adjudication in order to enforce rules. Responsibility for international economic migration could be assigned to an existing (...) organization or to a new organization. The chapter addresses the possible features of a new international organization addressing migration. It also describes the present migration‐related functions of the International Organization for Migration (IOM), International Labor Organization (ILO), and World Trade Organization (WTO). The ILO has broad experience in a variety of labor and migration issues, and its tripartite structure facilitates negotiations that involve the concerns of industry and labor. (shrink)

We show that subspaces of the space ${\mathbb{Q}}$ of rational numbers give rise to uncountably many d-logics over K4 without the finite model property.

Nesta conferência analisa-se o impasse do juiz que se vê chamado a servir à justiça, por dever de consciência, e a aplicar a lei, ainda quando injusta, por dever de ofício. Deslocando a discussão da difícil relação do juiz com a lei para o ethos iníquo do social, a exposição conclui que todos temos, mas especialmente o juiz pela natureza das responsabilidades que lhe são inalienáveis, o dever moral de servir à justiça – dever que paira acima da imposição jurídica (...) –, em busca de uma sociedade mais ética. (shrink)