The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

Laudan constructs a fresh approach to a longtime problem for the philosopher of science: how to explain the simultaneous and widespread presence of both agreement and disagreement in science. Laudan critiques the logical empiricists and the post-positivists as he stresses the need for centrality and values and the interdependence of values, methods, and facts as prerequisites to solving the problems of consensus and dissent in science.

Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics.

Temkin presents a new way of thinking about equality and inequality that challenges the assumptions of philosophers, welfare economists, and others, and has significant implications on both a practical and theoretical level.

Johnston presents an argument for a form of immortality that divests the notion of any supernatural elements. The book is packed with illuminating philosophical reflection on the question of what we are, and what it is for us to persist over time.

Normative naturalism is a view about the status of epistemology and philosophy of science; it is a meta-epistemology. It maintains that epistemology can both discharge its traditional normative role and nonetheless claim a sensitivity to empirical evidence. The first sections of this essay set out the central tenets of normative naturalism, both in its epistemic and its axiological dimensions; later sections respond to criticisms of that species of naturalism from Gerald Doppelt, Jarrett Leplin and Alex Rosenberg.

_Slow Cures and Bad Philosophers_ uses insights from the philosophy of Ludwig Wittgenstein to rethink bioethics. Although Wittgenstein produced little formal writing on ethics, this volume shows that, in fact, ethical issues permeate the entirety of his work. The scholars whom Carl Elliott has assembled in this volume pay particular attention to Wittgenstein’s concern with the thick context of moral problems, his suspicion of theory, and his belief in description as the real aim of philosophy. Their aim is not to (...) examine Wittgenstein’s personal moral convictions but rather to explore how a deep engagement with his work can illuminate some of the problems that medicine and biological science present. As Elliott explains in his introduction, Wittgenstein’s philosophy runs against the grain of most contemporary bioethics scholarship, which all too often ignores the context in which moral problems are situated and pays little attention to narrative, ethnography, and clinical case studies in rendering bioethical judgments. Such anonymous, impersonal, rule-writing directives in which health care workers are advised how to behave is what this volume intends to counteract. Instead, contributors stress the value of focusing on the concrete particulars of moral problems and write in the spirit of Wittgenstein’s belief that philosophy should be useful. Specific topics include the concept of “good dying,” the nature of clinical decision making, the treatment of neurologically damaged patients, the moral treatment of animals, and the challenges of moral particularism. Inspired by a philosopher who deplored “professional philosophy,” this work brings some startling insights and clarifications to contemporary ethical problems posed by the realities of modern medicine. _Contributors._ Larry Churchill, David DeGrazia, Cora Diamond, James Edwards, Carl Elliott, Grant Gillett, Paul Johnston, Margaret Olivia Little, James Lindemann Nelson, Knut Erik Tranoy. (shrink)

In this book, Mark Johnston argues that God needs to be saved not only from the distortions of the "undergraduate atheists" but, more importantly, from the idolatrous tendencies of religion itself. Each monotheistic religion has its characteristic ways of domesticating True Divinity, of taming God's demands so that they do not radically threaten our self-love and false righteousness. Turning the monotheistic critique of idolatry on the monotheisms themselves, Johnston shows that much in these traditions must be condemned as (...) false and spiritually debilitating. A central claim of the book is that supernaturalism is idolatry. If this is right, everything changes; we cannot place our salvation in jeopardy by tying it essentially to the supernatural cosmologies of the ancient Near East. Remarkably, Johnston rehabilitates the ideas of the Fall and of salvation within a naturalistic framework; he then presents a conception of God that both resists idolatry and is wholly consistent with the deliverances of the natural sciences. Princeton University Press is publishing Saving God in conjunction with Johnston's forthcoming book Surviving Death, which takes up the crux of supernaturalist belief, namely, the belief in life after death. (shrink)

1. Implicature: some basic oppositions IMPLICATURE is a component of speaker meaning that constitutes an aspect of what is meant in a speaker’s utterance without being part of what is said. What a speaker intends to communicate is characteristically far richer than what she directly expresses; linguistic meaning radically underdetermines the message conveyed and understood. Speaker S tacitly exploits pragmatic principles to bridge this gap and counts on hearer H to invoke the same principles for the purposes of utterance interpretation. (...) The contrast between the said and the meant, and derivatively between the said and the implicated (the meant-but-unsaid), dates back to the fourth century rhetoricians Servius and Donatus, who characterized litotes—the figure of pragmatic understatement—as a figure in which we say less but mean more (“minus dicimus et plus significamus”; see Hoffmann 1987 and Horn 1991a for discussion). In the classical Gricean model, the bridge from what is said (the literal content of the uttered sentence, computed directly from its grammatical structure with the reference of indexicals resolved) to what is communicated is constructed through implicature. As an aspect of speaker meaning, implicatures are by definition distinct from the non-logical inferences that the hearer draws; it is a category mistake to attribute implicatures either to hearers or to sentences (e.g. P and Q) and subsentential expressions (e.g. some). But we can systematically (at least for generalized implicatures; see below) correlate the speaker’s intention to implicate q (in uttering p in context C), the expression p that carries the implicature in C, and the inference of q induced by the speaker’s utterance of p in C. (shrink)

Aristotle claims, in his Nicomachean Ethics, that in addition to being, for example, just and courageous, and temperate, the virtuous person will also be witty. Very little sustained attention, however, has been devoted to explicating what Aristotle means when he claims that virtuous persons are witty or to justifying the plausibility of the claim that wittiness is a virtue. It becomes especially difficult to see why Aristotle thinks that being witty is a virtue once it becomes clear that Aristotle’s witty (...) person engages in what he calls ‘educated insolence’. Insolence, for Aristotle, is a form of slighting which, as he explains in the Rhetoric, generally causes the person slighted to experience shame and anger. In this paper, I attempt to bring some clarity to Aristotle’s claim that being witty is a virtue by examining why Aristotle thinks that the object of a witty person’s raillery will find this joking pleasant. (shrink)

Jaegwon Kim’s causal exclusion argument has rarely been evaluated from an empirical perspective. This is puzzling because its conclusion seems to be making a testable claim about the world: supervenient properties are causally inefficacious. An empirical perspective, however, reveals Kim’s argument to rest on a mistaken conception about how to test whether a property is causally efficacious. Moreover, the empirical perspective makes visible a metaphysical bias that Kim brings to his argument that involves a principle of non-inclusion.

Adrian Johnston offers a first-of-its-kind sustained critical response to Slavoj Zizek's Less Than Nothing and Absolute Recoil, in which Zizek returns to Hegel. Johnston develops what he calls transcendental materialism, an antireductive materialism capable of preserving and advancing the legacies of the Hegelian, Marxian, and Freudian traditions.

There is a rich tradition within game theory, decision theory, economics, and philosophy correlating practical rationality with impartiality, and spatial and temporal neutrality. I argue that in some cases we should give priority to people over both times and places, and to times over places. I also show how three plausible dominance principles regarding people, places, and times conflict, so that we cannot accept all three. However, I argue that there are some cases where we should give priority to times (...) over people, suggesting that there is impersonal value to the distribution of high quality life over different times. (shrink)

Working memory resources are needed for processing and maintenance of information during cognitive tasks. Many models have been developed to capture the effects of limited working memory resources on performance. However, most of these models do not account for the finding that different individuals show different sensitivities to working memory demands, and none of the models predicts individual subjects' patterns of performance. We propose a computational model that accounts for differences in working memory capacity in terms of a quantity called (...) source activation, which is used to maintain goal‐relevant information in an available state. We apply this model to capture the working memory effects of individual subjects at a fine level of detail across two experiments. This, we argue, strengthens the interpretation of source activation as working memory capacity. (shrink)

In recent years, there has been a growing groundswell of support for the idea that universal health coverage should be provided even in the developing world. While I wholeheartedly agree with the eventual goal of attaining universal health coverage globally, and the sooner the better, I have worries as to whether the world's rich countries, or institutions like the World Health Organization, should be pushing the world's poorest countries to take whatever steps are necessary to achieve that goal. My fear (...) is that universal health coverage in the developing world is an intoxicating, but potentially dangerous, idea whose time may not yet have come. This article's aim is not to settle the question of whether the developing world should be urged, or pushed, to adopt policies of universal health coverage. It is merely to explore some worries about the wisdom of such a tack. The article is divided into eight sections. In Section 1, I give a brief introduction. In Section 2, I provide some background for my topic. In Section 3, I discuss the notion of universal health coverage, and what the push for such a goal in the developing world seemingly involves. In Section 4, I raise some general worries I have about the push for universal health coverage in the developing world. In Section 5, I present a wide range of possible justifications for universal health coverage in the developing world. In Section 6, I discuss whether any of the purported justifications of universal health coverage in the developing world actually do so. In Section 7, I consider some comments, objections, and responses. Finally, in Section 8, I offer a brief conclusion. (shrink)

John Dewey (1859-1952), hailed during his lifetime as "America's Philosopher," is now recognized as one of the seminal thinkers of the twentieth century.

I have discussed the frame problem and the Turing test at length, but I have not attempted to spell out what I think the implications of the frame problem ...

In I. Kecskes & L. Horn (eds.) Explorations in Pragmatics: Linguistic, Cognitive, and Interculural Aspects. Mouton: 39-69.

Attempts to articulate the ways in which membership in socially subordinated social identities can impede one's autonomy have largely unfolded as part of the debate between different types of internalist theories in relation to the problem of internalized oppression. The different internalist positions, however, employ a damage model for understanding the role of social subordination in limiting autonomy. I argue that we need an externalist condition in order to capture the ways in which membership in a socially subordinated identity can (...) constrain one's autonomy, even if one is undamaged in one's autonomy competencies and self-reflexive attitudes. I argue that living among those practically empowered to harass, to engage in racial profiling, and to treat as expendable is incompatible with a freedom-condition required for unconstrained global self-determination. (shrink)

Freud outlines two types of conflict; that between drives and reality; and that between the drives themselves. Adrian Johnston identifies a third; the conflict embedded within each and every drive.

In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a (...) matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights. (shrink)

The subjective experience of schizophrenia, its cause, and its course have been consistent topics of interest within the phenomenological tradition since its inception. After 80 years of study and the efforts of many investigators, however, phenomenological contributions have so far had only a modest impact on current understandings of this disorder. In this article, the author reviews the methodological and theoretical issues involved in the development of a phenomenological approach to understanding schizophrenia. Drawing examples from his own empirical research, the (...) author illustrates the three steps of description, understanding, and explanation required by an application of the phenomenological method to this empirical domain. He then considers obstacles to the acceptance of insights generated through this method by the mainstream psychiatric community. In conclusion, he suggests that the promise offered by a phenomenological approach will most likely be fulfilled when investigators appeal to the phenomenological conviction in intentionality to provide the guidelines for an empirical science of subjective life. (shrink)

The main aim of this essay is to propose and develop a product?oriented, non?psychologistic, approach to scientific and artistic creativity. I first argue that the central problem is that of answering the question: how is creativity possible? Traditional approaches to this question tend to locate creativity primarily in some special psychological processes or traits, or in some special creative act. Some general arguments against such an approach are developed, and it is suggested that creativity ought primarily to be located in (...) scientific and artistic products. I then investigate the question ?what aspects of such products lead us to evaluate them as creative?? and use the results of this inquiry as a set of desiderata against which to evaluate various general views as to the nature of the creative process itself. The upshot of this procedure is the development of a kind of ?Darwinian? model whose novel feature lies in the suggestion that the process of production has, in effect, been controlled (plastically) by those very factors which can enable the product to be a creative one. (shrink)

In this article, I examine anew the moral philosophy of Immanuel Kant and its contributions to educational theory. I make four claims. First, that Kant should be read as having the Categorical Imperative develop out of subjective maxims. Second, that moral self-perfection is the aim of moral education. Third, that moral self-perfection develops by children habituating the results of their moral maxims in scenarios and cases. Fourth, that character and culture, Kant’s highest aims for humanity, are the ultimate beneficiaries of (...) this process. (shrink)

Against the backdrop of the massive carnage of the wars in Afghanistan and Iraq, this article examines the institution of conscientious objection and the treatment of conscientious objectors. It concludes that while the number of objectors discharged from the US military in the two wars was small, the issues of conscience they articulated resonated widely through the ranks. This article seeks to make available their experience as a resource to inform the broader ongoing debate about the wars and their implications (...) for military ethics. (shrink)

As I read Paula Casal's excellent paper, ‘Sexual Dimorphism and Human Enhancement,’1 three thoughts kept circulating through my mind. First, I found myself largely in agreement with virtually everything she wrote. In particular, if Casal was being accurate and fair in writing that ‘Robert Sparrow alleges that those who…advocate biomedical welfare enhancements are committed to selecting only female embryos because women live longer than men,’1 then she has given compelling reasons for believing that that claim is, on reflection, as ludicrous (...) as it first sounds! In fact, I can think of many additional reasons to those which Casal forcefully adduced for rejecting the view in question, but I do not see the need to present them here, given the abundance of sufficiently compelling reasons Casal already presented.Second, I confess that as I read Casal's article a strong feeling of shame washed over me in virtue of my being a man! Indeed, I found myself thinking that Jonathan Glover's important and chilling book Humanity: A Moral History of the Twentieth Century2 was misleadingly, and somewhat unfairly, titled. Heretofore, when I have read Glover's powerful book, which details many of the twentieth century's worst instances of large-scale crimes against humanity, I have often been overcome by a sense of shame of the actions of my species, homo sapiens; but Casal's article suggests that perhaps the scope of my shame has been too wide, and grossly unfair to the distaff members of our species! In the well-worked expression ‘man's inhumanity to man,’ the second use of the word ‘man’ undoubtedly extends to all humans, but the first use overwhelming picks out men insofar as it denotes the actual flesh and blood perpetrators of the horrific actions in question . Accordingly, perhaps a …. (shrink)

For positivists and post-positivists alike, methodology had a decidedly suspect status. Positivists saw methodological rules as stipulative conventions, void of any empirical content. Post-positivists (especially naturalistic ones) see such rules as mere descriptions of how research is conducted, carrying no normative force. It is argued here that methodological rules are fundamentally empirical claims, but ones which have significant normative bite. Methodology is thus divorced both from foundationalism and conventionalism.

Retributivism is generally thought to forbid the punishment of the innocent, even if such punishment would produce otherwise good results, such as deterrence. It has recently been argued that because capital punishment always entails the risk of executing an innocent person, instituting capital punishment is tantamount to intentionally taking innocent lives and therefore cannot be justified on retributive grounds. I argue that there are several versions of retributivism, only one of which might categorically forbid risking punishing innocent persons. I also (...) argue that our moral practices reveal either that we do not hold this particular version of retributivism, or that we reject equating risking punishing the innocent with intentionally doing so. *** DIRECT SUPPORT *** A9102008 00005. (shrink)

In 1710 G. W. Leibniz published Theodicy: Essays on the Goodness of God, the Freedom of Man, and the Origin of Evil. This book, the only one he published in his lifetime, established his reputation more than anything else he wrote. The Theodicy brings together many different strands of Leibniz's own philosophical system, and we get a rare snapshot of how he intended these disparate aspects of his philosophy to come together into a single, overarching account of divine justice in (...) the face of the world's evils. At the same time, the Theodicy is a fascinating window into the context of philosophical theology in the seventeenth century. Leibniz had his finger on the intellectual pulse of his time, and this comes out very clearly in the Theodicy. He engages with all of the major lines of theological dispute of that time, demonstrating the encyclopaedic breadth of his understanding of the issues. Leibniz's Theodicy remains one of the most abiding systematic accounts of how evil is compatible with divine goodness. Any treatment of the problem of evil must, at some point, come to grips with Leibniz's proposed solution. This volume refreshes and deepens our understanding of this great work. Leading scholars present original essays which critically evaluate the Theodicy, providing a window on its historical context and giving close attention to the subtle and enduring philosophical arguments. (shrink)