This chapter approaches new modes of governance (NMG) with the task of clarity in mind. Its essential function will be first to map the dominant conceptions of NMG that frame existing institutional and academic discourse. Second function is to analyze the strengths and weaknesses of NMG as an alternative means of delivering European Union (EU) law and policy, and finally to consider the future prospects of NMG in a political context that both challenges and reinforces their institutional relevance. The chapter (...) also explores that the greatest obstacle to the inside view is the resolute failure of many NMG processes to display the features of bottom‐up and experimental rule which theorists like Charles Sabel and Jonathan Zeitlin attribute to them. Experimentalism's attractive normative conceptualization of NMG may be of limited use given its failure to describe adequately how new governance processes operate. (shrink)

Liberalism without Perfection offers an introduction to the debate between liberal perfectionism and political liberalism. This book is a new account and defence of Rawlsian political liberalism, one of the most discussed, but widely misunderstood and criticized theories in contemporary political theory.

Davidson's account of weakness of will dependsupon a parallel that he draws between practicaland theoretical reasoning. I argue that theparallel generates a misleading picture oftheoretical reasoning. Once the misleadingpicture is corrected, I conclude that theattempt to model akratic belief on Davidson'saccount of akratic action cannot work. Thearguments that deny the possibility of akraticbelief also undermine, more generally, variousattempts to assimilate theoretical to practicalreasoning.

"--Daniel Callahan, cofounder of the Hastings Center "Doctors and people who have no choice but to trust doctors--which means all of us--need to read this book.

Recent proposals that frame norms of action in terms of knowledge have been challenged by Bayesian decision theorists. Bayesians object that knowledge-based norms conflict with the highly successful and established view that rational action is rooted in degrees of belief. I argue that the knowledge-based and Bayesian pictures are not as incompatible as these objectors have made out. Attending to the mechanisms of practical reasoning exposes space for both knowledge and degrees of belief to play their respective roles.

"To some people, life is very simple . . . no shadings and grays, all blacks and whites. . . . Now, others of us find that good, bad, right, wrong, are many-sided, complex things. We try to see every side; but the more we see, the less sure we are." —Sir John Talbot, The Wolf Man (Universal Pictures, 1941).

The rapid development in healthcare technologies in recent years has resulted in the need for health services, whether publicly funded or insurance based, to identify means to maximise the benefits and provide equitable distribution of limited resources. This has resulted in the need for rationing decisions, and there has been considerable debate regarding the substantive and procedural ethical principles that promote distributive justice when making such decisions. In this paper, I argue that while the scientifically rigorous approaches of evidence-based healthcare (...) are claimed as aspects of procedural justice that legitimise such guidance, there are biases and distortions in all aspects of the process that may lead to epistemic injustices. Regardless of adherence to principles of distributive justice in the decision-making process, evidential failings may undermine the fairness and legitimacy of such decisions. In particular, I identify epistemic exclusion that denies certain patient and professional groups the opportunity to contribute to the epistemic endeavour. This occurs at all stages of the process, from the generation, analysis and reporting of the underlying evidence, through the interpretation of such evidence, to the decision-making that determines access to healthcare resources. I further argue that this is compounded by processes which confer unwarranted epistemic privilege on experts in relation to explicit or implicit value judgements, which are not within their remit. I suggest a number of areas in which changes to the processes for developing, regulating, reporting and evaluating evidence may improve the legitimacy of such processes. (shrink)

A critique of conversational epistemic contextualism focusing initially on why pragmatic encroachment for knowledge is to be avoided. The data for pragmatic encroachment by way of greater costs of error and the complementary means to raise standards of introducing counter-possibilities are argued to be accountable for by prudence, fallibility and pragmatics. This theme is sharpened by a contrast in recommendations: holding a number of factors constant, when allegedly higher standards for knowing hold, invariantists still recommend assertion (action), while contextualists do (...) not. Given the knowledge norm of assertion, if one recommendation is preferable to the other, the result favors the preferred recommendation's account of knowledge. In the final section, I offer a unification of these criticisms centering on the contextualist use of 'epistemic position'. Their use imposes on threshold notions of justification, warrant, or knowledge tests that are suitable only to unlimited comparative or scalar notions like confidence or certainty and places them at one with an important strand of sceptical reasoning. (shrink)

There is overwhelming evidence that the opioid crisis—which has cost hundreds of thousands of lives and trillions of dollars (and counting)—has been created or exacerbated by webs of influence woven by several pharmaceutical companies. These webs involve health professionals, patient advocacy groups, medical professional societies, research universities, teaching hospitals, public health agencies, policymakers, and legislators. Opioid companies built these webs as part of corporate strategies of influence that were designed to expand the opioid market from cancer patients to larger groups (...) of patients with acute or chronic pain, to increase dosage as well as opioid use, to downplay the risks of addiction and abuse, and to characterize physicians’ concerns about the addiction and abuse risks as “opiophobia.” In the face of these pervasive strategies, conflict of interest policies have proven insufficient for addressing corporate influence in medical practice, medical research, and public health policy. Governments, the academy, and civil society need to develop counterstrategies to insulate themselves from corporate influence and to preserve their integrity and public trust. These strategies require a paradigm shift—from partnerships with the private sector, which are ordinarily vehicles for corporate influence, to a norm of separation. (shrink)

COVID-19 vaccine requirements have generated significant debate. Here, we argue that, on the evidence available, such policies should have recognised proof of natural immunity as a sufficient basis for exemption to vaccination requirements. We begin by distinguishing our argument from two implausible claims about natural immunity: natural immunity is superior to ‘artificial’ vaccine-induced immunity simply because it is ‘natural’ and it is better to acquire immunity through natural infection than via vaccination. We then briefly survey the evidence base for the (...) comparison between naturally acquired immunity and vaccine-induced immunity. While we clearly cannot settle the scientific debates on this point, we suggest that we lack clear and convincing scientific evidence that vaccine-induced immunity has a significantly higher protective effect than natural immunity. Since vaccine requirements represent a substantial infringement of individual liberty, as well as imposing other significant costs, they can only be justified if they are necessary for achieving a proportionate public health benefit. Without compelling evidence for the superiority of vaccine-induced immunity, it cannot be deemed necessary to require vaccination for those with natural immunity. Subjecting them to vaccine mandates is therefore not justified. We conclude by defending the standard of proof that this argument from necessity invokes, and address other pragmatic and practical considerations that may speak against natural immunity exemptions. There are no data in this work. (shrink)

The use of genetic testing has prompted the question of whether insurance companies should be able to use predictive genetic test results (GTRs) in their risk classification of clients. While some jurisdictions have passed legislation to prohibit this practice, the UK has instead adopted a voluntary code of practice that merely restricts the ways in which insurance companies may use GTRs. Critics have invoked various theories of justice to argue that this approach is unfair. However, as well as sometimes relying (...) on somewhat idealised assumptions, these analyses have tended to invoke theories that have wide-ranging and highly revisionary implications for insurance. Moreover, they fail to adequately engage with a conception of justice that plausibly undergirds the status quo approach to insurance in the UK. I argue that it is a mistake to simply invoke a single contestable theory in seeking to develop sound policy on the use of GTRs in insurance. To that end, in this paper, I outline three plausible principles of justice that policy on this issue ought to balance: A principle of equity, a principle of equal access and a principle of need. In doing so, I shall offer a pluralist justice-based argument in support of the spirit, if not the precise letter, of the UK approach. (shrink)

Musical formalism, which strictly limits the type of thing any description of the music can tell us, is ill-equipped to account for contemporary performance practice. If performative interpretations are in a position to tell us something about musical works—that is if performance is a kind of description, as Peter Kivy argues—then we have to loosen the restrictions on notions of musical relevance to make sense of performance. I argue that musical formalism, which strictly limits the type of thing any description (...) of the music can tell us, is inconsistent with Kivy's quite compelling account of performance. This shows the difficulty that actual performances pose to overly rigid conceptions of music. Daniel Barenboim unannounced performance of Wagner in Israel in 2001 shows that the problem of the boundaries of musical relevance is no mere philosophical puzzle. It is a pressing problem in the musical public sphere. (shrink)

Aristotle is one of the very greatest thinkers in the Western tradition, but also one of the most difficult. The contributors to this volume do not attempt to disguise the nature of that difficulty, but at the same time they offer a clear exposition of the central philosophical concerns in his work. Approaches and methods vary and the volume editor has not imposed any single interpretation, but has rather allowed legitimate differences of interpretation to stand. An introductory chapter provides an (...) account of Aristotle's life, and then guides the reader through the complex subject of what Aristotle actually wrote as a basis for characterising his philosophical development. Subsequent chapters cover Aristotle's writings on logic, metaphysics, science, psychology, ethics, politics, rhetoric, and poetics. It is a basic assumption of the Companion that its readers will not know Greek. (shrink)

Properties come in clusters. It seems impossible, for instance, that a mass could float free, unattached to any other property. David Armstrong takes this as a reductio of the bundle theory and an argument for substrata, while Peter Simons and Arda Denkel reply by supplementing the bundle theory with accounts of property interdependencies. I argue against both views. Virtually all plausible ontologies turn out to be committed to the existence of free masses.

This essay considers the prospects of modeling spacetime as a phenomenon that emerges in the low-energy limit of a quantum liquid. It evaluates three examples of spacetime analogues in condensed matter systems that have appeared in the recent physics literature, indicating the extent to which they are viable, and considers what they suggest about the nature of spacetime.

"The chief problem of human life", wrote Auguste Comte, is "the subordination of egoism to altruism". This collection examines the nature and value of altruism as a moral virtue, restoring it to its proper place at the centre of our moral and political thinking. The first five essays in the collection explore the relationship between altruism and other moral concepts such as self-interest, autonomy, community and impartiality. The five essays in the second part show how altruism is invoked in practical (...) moral problems, including aid to developing countries, the market for human body parts, multiculturalism and the politics of recognition, and medical ethics. Through these discussions, the central role of altruism in moral thinking is brought into sharper focus. (shrink)

This book provides readers with an introduction to epistemology within the Buddhist intellectual tradition. It is designed to be accessible to those whose primary background is in the “Western” tradition of philosophy and who have little or no previous exposure to Buddhist philosophical writings. The book examines many of the most important topics in the field of epistemology, topics that are central both to contemporary discussions of epistemology and to the classical Buddhist tradition of epistemology in India and Tibet. Among (...) the topics discussed are Buddhist accounts of: the nature of knowledge episodes, the defining conditions of perceptual knowledge and of inferential knowledge, the status of testimonial knowledge, and skeptical criticisms of the entire project of epistemology. The book seeks to put the field of Buddhist epistemology in conversation with contemporary debates in philosophy. It shows that many of the arguments and debates occurring within classical Buddhist epistemological treatises coincide with the arguments and disagreements found in contemporary epistemology. The book shows, for example, how Buddhist epistemologists developed an anti-luck epistemology—one that is linked to a sensitivity requirement for knowledge. Likewise, the book explores the question of how the study of Buddhist epistemology can be of relevance to contemporary debates about the value of contributions from experimental epistemology, and to broader debates concerning the use of philosophical intuitions about knowledge. (shrink)

While Billy Budd's beauty has often been connected to his innocence and his moral goodness, the significance of the musical character of his beauty—what I will argue is the site of a struggle for political expression—has not been remarked upon by commentators of Melville's novella. It has, however, been deeply explored by Britten's opera. Music has often been situated at, or just beyond, the limits of communication; it has served as a medium of the ineffable, of unsaid and unsayable truths (...) (and lies), of an expressive power beyond language and reason. It is this expressive but communicatively problematic role that Billy embodies and that Billy Budd sets into political motion. In this essay, I would like to suggest that Billy's musical beauty can only be fully appreciated, and assumes full significance, when considered within the context of the various conceptions of beauty, and corresponding conceptions of authority, presented in the novella and in the opera. In particular, I will argue that Billy's beauty is a modern one that calls for the active participation of its audience. (shrink)