Notwithstanding the expectations related to the ‘invasion’ of human rights into the field of healthcare, the complexity of this field raises some problematic questions about the applicability of such a legal instrument. The present paper analyses the possible limits to the content of the core right to healthcare. These limits are discussed through the examination of two normative pillars of health law: the right to individual self-determination (or the principle of individual autonomy) and the right to healthcare itself. The authors (...) conclude that in the context of the scarcity of resources the effectiveness of the guarantees of the right to healthcare will depend on the narrowing of the concept of the right by choosing the biomedical definition of health as the basis. (shrink)

Michael Smith has recently argued that non-cognitivists are unable to accommodate crucial structural features of moral belief, and in particular that non-cognitivists have trouble accounting for subjects' certitude with respect to their moral beliefs. James Lenman and Michael Ridge have independently constructed 'ecumenical' versions of non-cognitivism, intended to block this objection. We argue that these responses do not work. If ecumenical non-cognitivism, a hybrid view which incorporates both non-cognitivist and cognitivist elements, fails to meet Smith's challenge, it is unlikely that (...) 'purer' and more familiar versions of non-cognitivism will succeed. (shrink)

Just as we can be more or less certain about empirical matters, we can be more or less certain about normative matters. Recently, it has been argued that this is a challenge for noncognitivism about normativity. Michael Smith presented the challenge in a 2002 paper and James Lenman and Michael Ridge responded independently. Andrew Sepielli has now joined the rescue operation. His basic idea is that noncognitivists should employ the notion of being for to account for normative certitude. We shall (...) argue that the being for account of normative certitude is vulnerable to many problems shared by other noncognitivist theories. Furthermore, we shall argue that Sepielli’s account has its own problems: His favored normalization procedure for degrees of being for has highly problematic implications. (shrink)

Accommodating degrees of moral certitude is a serious problem for non-cognitivism about ethics. In particular, non-cognitivism has trouble accommodating fundamental moral certitude. John Eriksson and Ragnar Francén Olinder [2016] have recently proposed a solution. In fact, Eriksson and Francén Olinder offer two different proposals—one ‘classification’ account and one ‘projectivist’ account. We argue that the classification account faces the same problem as previous accounts do, while the projectivist account has unacceptable implications. Non-cognitivists will have to look elsewhere for a plausible solution (...) to the problem of accommodating fundamental moral certitude. (shrink)

‘Shallow’ and ‘deep’ versions of scientific realism may be distinguished as follows: the shallow realist is satisfied with belief in the existence of the posits of our best scientific theories; by contrast, deep realists claim that realism can be legitimate only if such entities are described in metaphysical terms. We argue that this methodological discussion can be fruitfully applied in Everettian quantum mechanics, specifically on the debate concerning the existence of worlds and the recent dispute between Everettian actualism and quantum (...) modal realism. After presenting what is involved in such dispute, we point to a dilemma for realists: either we don’t have the available metaphysical tools to answer the deep realist’s demands, and realism is not justified in this case, or such demands of metaphysical dressing are not mandatory for scientific realism, and deep versions of realism are not really required. (shrink)

Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits of (...) criminal investigation, the costs associated with investigating old crimes, and the need to prioritize investigations in the face of limited police resources. This article emphasizes the first of these factors. It begins by considering the moral goals of a criminal justice system and the contribution of criminal investigations to the achievement of these goals, distinguishing between contributions that depend on further steps in the criminal justice process, such as prosecution and punishment, and contributions that can have value independently of these further steps. Using this important distinction, the article then examines a range of factors that relate the passage of time to criminal justice goals, including the seriousness of the crime; deterioration of evidence; death of the offender, victim and others affected by the crime; and diminished psychological connectedness between those affected by the crime and their current selves. While the range and non-uniformity of relevant factors preclude a simple answer to the question of when historic crimes should be investigated and call instead for case-by-case assessment, we find that the analysis does support some general conclusions that can guide such an assessment. (shrink)

According to Regulatory Focus Theory, two systems determine our strategies to pursue goals – the promotion and the prevention system. Individuals with a dominant promotion system focus on achieving gains, i.e., promoters, and individuals with a dominant prevention system focus on avoiding losses, i.e., preventers. Regulatory Fit Theory suggests that a fit between this focus and the situation causes superior performance and makes individuals feel right. We transfer the fit idea to the interaction of dominant regulatory focus with motivational direction. (...) We investigated these interaction effects on individuals’ performance and their experience within creativity workshops. In Study 1, using multi-level analyses, we found that a promotion focus was associated with fluency and a prevention focus with elaborated ideas. This effect was stronger, when preventers also scored high on avoidance motivation. Further, preventers experienced more autonomy support and were more satisfied when they scored high on avoidance. Promoters high on approach motivation reported more autonomy support and more satisfaction than preventers high on approach motivation. For Study 2, we used an experimental design: After measuring regulatory focus, we manipulated approach vs. avoidance motivation in creativity workshops. Using multi-level analyses, we did not find main or interaction effects on fluency or elaboration but we found interaction effects on participants’ experience of the creativity workshop. Preventers were more satisfied when they received the avoidance condition. Promoters reported less autonomy support, lower satisfaction, and more perceived conflicts within their teams in the avoidance condition. (shrink)

In this dissertation we present proof systems for several modal logics. These proof systems are based on analytic (or semantic) tableaux. -/- Modal logics are logics for reasoning about possibility, knowledge, beliefs, preferences, and other modalities. Their semantics are almost always based on Saul Kripke’s possible world semantics. In Kripke semantics, models are represented by relational structures or, equivalently, labeled graphs. Syntactic formulas that express statements about knowledge and other modalities are evaluated in terms of such models. -/- This dissertation (...) focuses on modal logics with dynamic operators for public announcements, belief revision, preference upgrades, and so on. These operators are defined in terms of mathematical operations on Kripke models. Thus, for example, a belief revision operator in the syntax would correspond to a belief revision operation on models. -/- The ‘dynamic’ semantics of dynamic modal logics are a clever way of extending languages without compromising on intuitiveness. We present ‘dynamic’ tableau proof systems for these dynamic semantics, with the express aim to make them conceptually simple, easy to use, modular, and extensible. This we do by reflecting the semantics as closely as possible in the components of our tableau system. For instance, dynamic operations on Kripke models have counterpart dynamic relations between tableaux. -/- Soundness, completeness, and decidability are three of the most important properties that a proof system may have. A proof system is sound if and only if any formula for which a proof exists, is true in every model. A proof system is complete if and only if for any formula that is true in all models, a proof exists. A proof system is decidable if and only if any formula can be proved to be a theorem or not a theorem in a finite number of steps. All proof systems in this dissertation are sound, complete, and decidable. -/- Part of our strategy to create modular tableau systems is to delay concerns over decidability until after soundness and completeness have been established. Decidability is attained through the operations of folding and through operations on ‘tableau cascades’, which are graphs of tableaux. -/- Finally, we provide a proof-of-concept implementation of our dynamic tableau system for public announcement logic in the Clojure programming language. (shrink)

Jonas Olson presents a critical survey of moral error theory, the view that there are no moral facts and so all moral claims are false. Part I explores the historical context of the debate; Part II assesses J. L. Mackie's famous arguments; Part III defends error theory against challenges and considers its implications for our moral thinking.

Several proponents of the 'buck-passing' account of value have recently attributed to G. E. Moore the implausible view that goodness is reason-providing. I argue that this attribution is unjustified. In addition to its historical significance, the discussion has an important implication for the contemporary value-theoretical debate: the plausible observation that goodness is not reason-providing does not give decisive support to the buck-passing account over its Moorean rivals. The final section of the paper is a survey of what can be said (...) for and against the buck-passing account and Moore's views about goodness and reasons. (shrink)

My aim in this essay is largely defensive. I aim to discuss some problems for moral error theory and to offer plausible solutions. A full positive defense of moral error theory would require substantial investigations of rival metaethical views, but that is beyond the scope of this essay. I will, however, try to motivate moral error theory and to clarify its commitments. Moral error theorists typically accept two claims – one conceptual and one ontological – about moral facts. The conceptual (...) claim is that moral facts are or entail facts about categorical reasons (and correspondingly that moral claims are or entail claims about categorical reasons); the ontological claim is that there are no categorical reasons – and consequently no moral facts – in reality. I accept this version of moral error theory and I try to unpack what it amounts to in Section 2.1 In the course of doing so I consider two preliminary objections: that moral error theory is (probably) false because its implications are intuitively unacceptable (what I call the Moorean objection) and that the general motivation for moral error theory is self-undermining in that it rests on a hidden appeal to norms. The above characterization seems to entail the standard formulation of moral error theory, according to which first-order moral claims are uniformly false. Critics have argued that the standard formulation is incoherent since – by the law of excluded middle – the negation of a false claim is true. Hence if ‘Torture is wrong’ is false, ‘Torture is not wrong’ is true. Contrary to what moral error theorists contend, then, moral error theory seems to carry first-order moral implications that by the theory’s own lights are uniformly false. In Section 3 I suggest a formulation that is consistent with the standard formulation of moral error theory, free of first-order moral implications, and subject to no logical difficulties. In Section 4 I consider and rebut Stephen Finlay’s recent attack on moral error theory. According to Finlay the conceptual claim is false because all moral claims – and indeed all normative claims – are, or should be understood as, relativized to some moral standard or system of ends. Moral error theorists thus attribute to ordinary speakers an error that simply isn’t there. I argue that Finlay’s view has some very implausible implications and that it does not avoid commitment to various forms of error theory. This becomes especially clear when we focus on fundamental moral claims. In Section 5 I consider the worry that error theorists’ rejection of categorical reasons proves too much; in particular, the worry that error theorists’ qualms about categorical reasons apply equally to claims about hypothetical reasons, that is, claims to the effect that there is reason to take the means to one’s ends. In my view error theorists such as Mackie and Joyce have failed to pay due consideration to this problem. What the challenge establishes, I submit, is that error theorists cannot just take for granted that hypothetical reasons are metaphysically unproblematic; they must offer an account of hypothetical reasons that shows that they are. I argue that the only plausible account available to error theorists is one according to which claims about hypothetical reasons reduce to non-normative claims about relations between means and ends. (shrink)

Discusses the ethical implications of modern technology and examines the responsibility of humanity for the fate of the world.

In lieu of an abstract, here is a brief excerpt of the content:Spinoza and the Theory of Organism HANS JONAS I CARTESIANDUALISMlanded speculation on the nature of life in an impasse: intelligible as, on principles of mechanics, the correlation of structure and function became within the res extensa, that of structure-plus-function with feeling or experience (modes of the res cogitans) was lost in the bifurcation, and thereby the fact of life itself became unintelligible at the same time that the (...) explanation of its bodily performance seemed to be assured. The impasse became manifest in Occasionalism : its tour de force of an extraneous, divine "synchronization" of the outer and the inner world (the latter denied to animals) not only suffered from its extreme artificiality, the common failing of such ad hoc constructions, but even at so high a cost failed to accomplish its theoretical purpose by its own terms. For the animal machine, like any machine, raises beyond the question of the "how" that of the "what for" of its functioning---of the purpose for which it had thus been constructed by its maker.1 Its performance, however devoid of immanent teleology, must serve an end, and that end must be someone's end. This end may (directly) be itself, as indeed Descartes had implied when declaring self-preservation to be the effect of the functioning of the organic automaton. In that case the existence as such of the machine would be its end--either terminally, or in turn to benefit something else. In the former case, the machine would have to be more than a machine, for a mere machine cannot enioy its existence. But since, by the rigorous conception of the res extensa, it cannot be more than a machine, its function and/or existence must serve something other than itself. Automata in Descartes ' time were mainly for entertainment (rather than work). But the raison d'etre of the living kingdom could not well be seen in God's indulging his mechanical abilities or in the amusement of celestial spectators--especially since mere complexity of arrangement does not create new quality and thus add something to the unrelieved sameness of the simple substratum that might enrich the spectrum of being. For quality, beyond the primitive determinations of the extended per se, is the subjective creature of sensation, the confused representation of quantity in a mind; and thus organisms cannot harbor it because as mere machines they lack mentality, and pure spirits cannot because they lack sensuality, or the privilege of confusion and thereby of illusion with its possible enjoyment. And as to their intellectual enjoyment, even that, deprived of the thrill of discovery by the same token, would pale in the contemplation of what to sufficiently large The concept of "machine," adopted for its strict confinementto efficientcause, is still a finalisticconcept,even thoughthe final cause is no longer internal to the entity, as a mode of its own operation,but external to it as antecedent design. [43] 44 HISTORY OF PHILOSOPHY intellects is nothing but the ever-repeated exemplification of the same few, elementary (and ultimately trivial) truths. There remained, then, the time-honored--Stoic as well as Christian--idea that plants and animals are for the benefit of Man. Indeed, since the existence of a living world is the necessary condition for the existence of any of its members, the self-justifying nature of at least one such member (= species) would justify the existence of the whole. In Stoicism, Man provided this end by his possession of reason, which makes him the culmination of a terrestrial scale of being that is also self-justifying throughout all its grades (the end as the best of many that are good in degrees) ; in Christianity, by his possession of an immortal soul, which makes him the sole imago Dei in creation (the end as the sole issue at stake) ; and Cartesian dualism radicalized this latter position by making man even the sole possessor of inwardness or "soul" of any kind, thus the only one of whom "end" can meaningfully be predicated as he alone can entertain ends. All other life then, the product of physical necessity, can be considered his means. However, this traditional idea, in its anthropocentric vanity never a... (shrink)

The first decade of event-related potential (ERP) research had established that the most consistent correlates of the onset of visual consciousness are the early visual awareness negativity (VAN), a posterior negative component in the N2 time range, and the late positivity (LP), an anterior positive component in the P3 time range. Two earlier extensive reviews ten years ago had concluded that VAN is the earliest and most reliable correlate of visual phenomenal consciousness, whereas LP probably reflects later processes associated with (...) reflective/access consciousness. This article provides an update to those earlier reviews. ERP and MEG studies that have appeared since 2010 and directly compared ERPs between aware and unaware conditions are reviewed, and important new developments in the field are discussed. The result corroborates VAN as the earliest and most consistent signature of visual phenomenal consciousness, and casts further doubt on LP as an ERP correlate of phenomenal consciousness. (shrink)

The existence of fundamental moral disagreements is a central problem for moral realism and has often been contrasted with an alleged absence of disagreement in mathematics. However, mathematicians do in fact disagree on fundamental questions, for example on which set-theoretic axioms are true, and some philosophers have argued that this increases the plausibility of moral vis-à-vis mathematical realism. I argue that the analogy between mathematical and moral disagreement is not as straightforward as those arguments present it. In particular, I argue (...) that pluralist accounts of mathematics render fundamental mathematical disagreements compatible with mathematical realism in a way in which moral disagreements and moral realism are not. 11. (shrink)

_Germany and the French Wars of Religion, 1560-1572_ explores how the first decade of the religious wars in France was interpreted by German Protestants and why they felt compelled to intervene.

Perception purports to help you gain knowledge of the world even if the world is not the way you expected it to be. Perception also purports to be an independent tribunal against which you can test your beliefs. It is natural to think that in order to serve these and other central functions, perceptual representations must not causally depend on your prior beliefs and expectations. In this paper, I clarify and then argue against the natural thought above. All perceptual systems (...) must solve an under-determination problem: the sensory data they receive could be caused by indefinitely many arrangements of distal objects and properties. Using a Bayesian approach to perceptual processing, I argue that in order to solve the under-determination problem, perceptual capacities must rely on prior beliefs or expectations of some kind. I then argue that perceptual states or processes can help ground knowledge of the world whether the ‘beliefs’ necessary for perceptual processing are encoded as sub-personal states within a perceptual system or cognitive states, such as person-level beliefs. My argument has two main parts. First, I give a preliminary argument that cognitive influence on perception can be appropriate, and I respond to three lines of objection. Second, I argue that cognitively influenced perceptual states can be instances of seeing that p, which makes the relevant states well suited to help ground knowledge that p. I conclude that a cognitively penetrated perceptual state or process can help ground knowledge under some circumstances. (shrink)

Schlussfolgern setzt voraus, dass die schlussfolgernde Person sieht, dass ihre Konklusion aus den Prämissen folgt und sie sie deswegen aus den Prämissen herleitet. Dies hat Paul Boghossian jüngst als eine Bedingung für eine adäquate Erklärung des Schlussfolgerns formuliert. Jonas Held entwickelt eine Erklärung, die sich diese Bedingung zum Maßstab setzt. Zugleich greift er kritisch in die neuere Debatte zum Thema ein, in der der Vollzug einer Schlussfolgerung zumeist als kausale Abfolge mentaler Einstellungen verstanden wird. Indem er auf Immanuel Kants (...) Verständnis von Urteil und Schluss zurückgreift, weist Jonas Held diese Annahme zurück und entwickelt einen alternativen Erklärungsansatz. Der systematische Anspruch des Buches wird so zugleich historisch verortet und untermauert. (shrink)

O texto apresentado a seguir é uma traduçáo da conferência intitulada “The Burden and Blessing of Mortality” ( The Hastings Center Report , 22, n. 1, jan-fev. 1992, p. 34-40), que foi apresentada à Fundaçáo do Palácio Real [The Royal Palace Foundation], em Amsterdam, no dia 19 de março de 1991. Esta conferência foi traduzida para o alemáo por Reinhard Löw e revisada pelo próprio Jonas, aparecendo com o título “Last und Segen der Sterblichkeit” em Scheidewege 21, 1991/92, p. (...) 26-40, e mais tarde em um livro do próprio Jonas: Philosophische Untersuchungen und metaphysische Vermutungen [Investigações Filosóficas e Suposições Metafísicas] . Frankfurt am Main: Insel Verlag, 1992, p. 81-100. Por sua vez, o texto original, em inglês, veio ainda a fazer parte de uma coletânea de ensaios de Jonas, editada por Lawrence Vogel ( Mortality and Morality : a search for good after Auschwits. Ed. Lawrence Vogel. Evanston, Illinois: Northwestern University Press, 1996, p. 87-97). (shrink)

Can art, religion, or philosophy afford ineffable insights? If so, what are they? The idea of ineffability has puzzled philosophers from Laozi to Wittgenstein. In Ineffability and its Metaphysics: The Unspeakable in Art, Religion and Philosophy, Silvia Jonas examines different ways of thinking about what ineffable insights might involve metaphysically, and shows which of these are in fact incoherent. Jonas discusses the concepts of ineffable properties and objects, ineffable propositions, ineffable content, and ineffable knowledge, examining the metaphysical pitfalls (...) involved in these concepts. Ultimately, she defends the idea that ineffable insights as found in aesthetic, religious, and philosophical contexts are best understood in terms of self-acquaintance, a particular kind of non-propositional knowledge. Ineffability as a philosophical topic is as old as the history of philosophy itself, but contributions to the exploration of ineffability have been sparse. The theory developed by Jonas makes the concept tangible and usable in many different philosophical contexts. (shrink)

According to T.M. Scanlon's buck-passing account of value, to be valuable is not to possess intrinsic value as a simple and unanalysable property, but rather to have other properties that provide reasons to take up an attitude in favour of their owner or against it. The 'wrong kind of reasons' objection to this view is that we may have reasons to respond for or against something without this having any bearing on its value. The challenge is to explain why such (...) reasons are of the wrong kind. This is what I set out to do, after illustrating the objection more thoroughly. (shrink)

We articulate a distinction between ontology, understood as involving existence questions, and metaphysics, understood as either providing for metaphysical profiles of entities or else as dealing with fundamentality and/or grounding and dependence questions. The distinction, we argue, allows a better understanding of the roles of metaontology and metametaphysics when it comes to discussing the relations between ontology and science on the one hand, and metaphysics and science on the other. We argue that while ontology, as understood in this paper, may (...) have reasonable perspectives for naturalization, given its relation to science, the same cannot be said for metaphysics, given that it is typically understood as an additional theoretical layer over science, not participating in the scientific investigation. That may result either in skepticism over metaphysics, or else on accepting that metaphysics is an autonomous branch of investigation, depending on one’s concern for metaphysics. (shrink)