The concept of luck has played an important role in debates concerning free will and moral responsibility, yet participants in these debates have relied upon an intuitive notion of what luck is. Neil Levy develops an account of luck, which is then applied to the free will debate. He argues that the standard luck objection succeeds against common accounts of libertarian free will, but that it is possible to amend libertarian accounts so that they are no more vulnerable to (...) luck than is compatibilism. But compatibilist accounts of luck are themselves vulnerable to a powerful luck objection: historical compatibilisms cannot satisfactorily explain how agents can take responsibility for their constitutive luck; non-historical compatibilisms run into insurmountable difficulties with the epistemic condition on control over action. Levy argues that because epistemic conditions on control are so demanding that they are rarely satisfied, agents are not blameworthy for performing actions that they take to be best in a given situation. It follows that if there are any actions for which agents are responsible, they are akratic actions; but even these are unacceptably subject to luck. Levy goes on to discuss recent non-historical compatibilisms, and argues that they do not offer a viable alternative to control-based compatibilisms. He suggests that luck undermines our freedom and moral responsibility no matter whether determinism is true or not. (shrink)

The aim of this article is to argue, by example, for neuroethics as a new way of doing ethics. Rather than simply giving us a new subject matter—the ethical issues arising from neuroscience—to attend to, neuroethics offers us the opportunity to refine the tools we use. Ethicists often need to appeal to the intuitions provoked by consideration of cases to evaluate the permissibility of types of actions; data from the sciences of the mind give us reason to believe that some (...) of these intuitions are less reliable than others. I focus on the doctrine of double effect to illustrate my case, arguing that experimental results suggest that appeal to it might be question-begging. The doctrine of double effect is supposed to show that there is a moral difference between effects that are brought about intentionally and those that are merely foreseen; I argue that the data suggest that we regard some effects as merely foreseen only because we regard bringing them about as permissible. Appeal to the doctrine of double effect therefore cannot establish that there are such moral differences. (shrink)

On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil society : law (...) and economy -- Positive law and moral autonomy -- On law and justice -- Law and values : reflections on method. (shrink)

This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.

Noam Chomsky is one of the leading intellectual figures of modern times. He has had a major influence on linguistics, psychology and philosophy, and a significant effect on many other disciplines, from anthropology to mathematics, education to literary criticism. In this rigorous yet accessible account of Chomsky's work and influence, Neil Smith analyses Chomsky's key contributions to the study of language and the study of mind. He gives a detailed exposition of Chomsky's linguistic theorizing, discusses the psychological and philosophical (...) implications of Chomsky's work, and argues that he has fundamentally changed the way we think of ourselves, gaining a position in the history of ideas on a par with that of Darwin or Descartes. This second edition has been thoroughly updated to account for Chomsky's most recent work, including his continued contributions to linguistics, his further discussion on evolution, and his extensive work on the events of September 11th, 2001. (shrink)

This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.

The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as securing legal (...) certainty. Defeasible certainty is the most that is desirable or achievable. (shrink)

Do pharmaceutical companies have a moral obligation to expand access to investigational drugs to patients outside the clinical trial? One reason for thinking they do not is that expanded access programs might negatively affect the clinical trial process. This potential impact creates dilemmas for practitioners who nevertheless acknowledge some moral reason for expanding access. Bioethicists have explained these reasons in terms of beneficence, compassion, or a principle of rescue, but their arguments have been limited to questions of moral permissibility, leaving (...) for future research the question of whether expanded access is morally obligatory. We take up this further question and argue that pharmaceutical companies have a moral obligation to expand access. Our defense is not based on beneficence, compassion, or rescue, but instead on a reciprocal moral expectation resulting from existing social commitments that help ensure a robust pharmaceutical practice within the broader healthcare system. Our aim is to give this obligation, along with several others, a coherent and plausible structure within the wider clinical trial process so that one might better explain the sources of the dilemmas and their possible resolutions. (shrink)

Using the social-psychological literature on the antecedents of environmental behaviour and comparative data from Germany, India, Israel and South Korea, we test four value types that correspond with environmental behaviour. Our cross-national context represents varying social, economic, cultural and environmental configurations, giving credence to the effects of values. The authors collected survey data among students on a variety of environmental behaviours and on questions that comprise Schwartz's value scale. The results show similarities between the countries in the effect of biospheric (...) values and differences in the effects of the other values tested. We also find that biospheric value is the most important value type for explaining environmental behaviour, and that biospheric values, universalism and benevolence – three key values that we analyse – have different effects on environmental behaviour, and therefore should be treated separately rather than in a unified self-transcendence value orientation. We finally demonstrate the importance of conformity in the analysis of environmental behaviour. Our conclusions point to the importance of further exploring the mechanism that links values and environmental behaviour while contextualising it in different national and cultural settings. (shrink)

Eco-labels emphasize information disclosure as a tool to induce environmentally friendly behaviors by both firms and consumers. The goal of eco-labels is to reduce information asymmetry between producers and consumers over the environmental attributes of a product or service. However, by focusing on this information asymmetry, rather than on how the label meets consumer needs, eco-labels may send irrelevant, confusing, or even detrimental messages to consumers. In this article, the authors investigate how the environmental signal of eco-labels interacts with product (...) characteristics such as brand, quality, and price. In a discrete choice experiment, the authors examine consumer response to two similar eco-labels for wine, one associated with a quality reduction and the other not. The results show that respondents preferred both eco-labeled wines over otherwise identical conventional counterparts when the price was lower and the wine was from a lower quality region. However, they preferred conventional, more expensive wine from a high-quality region. This preference indicates that respondents not only obtain some warm glow value from eco-labeled wine but also possibly interpret eco-labeling as a signal of lower quality. This relationship held across both types of eco-labels, meaning that consumers did not understand the difference between them. This research contributes to the literature on information disclosure policies by highlighting important elements for effective eco-labels. These elements include consumer awareness and understanding of the eco-label, and consumer willingness to pay for an eco-labeled product. The results emphasize the need to create eco-labels that communicate clearly both the environmental attributes and the private benefits associated with them. (shrink)

"16 'On Justification and Interpretation', ARSP-Beiheft, 53, pp. 255-68." -- "17 'Authority Reasons in Legal Interpretation and Moral Reasoning', ARSP Supplementa (III), pp. 144-52." -- "18 'Two Types of Substantive Reasons: The Core of a Theory of Common-Law Justification', Cornell Law Review, 63, pp. 707-88." -- "19 'Reasonableness and Objectivity', Notre Dame Law Review, 74, pp. 1575-603.

A major stream of Artificial Life research aims to build synthetic life forms, operating in virtual worlds, implemented as computer programs. A clear long-term target for this research is the evolution of digital life-forms with a complexity of structure and behaviour analogous to biological life-forms, potentially exhibiting intelligence and self-awareness. The creation of intelligent, self-aware digital life-forms has clear ethical implications, but there is no current research into how these ethical issues might be addressed. This paper argues that such ethical (...) research is needed. Furthermore, it describes our future research plans to build a solid philosophical foundation for the consideration of these ethical issues. (shrink)

This article lays the ground for a sensuous appreciation of both the human body and the physical world. Drawing on the biographical account of the climber's embodied reflection of rock-climbing, the `climbing body' highlights our overwhelming tactile and kinaesthetic engagement with the phenomenal world. I Begin by emphasizing the need to consider the organic nature of human being, that we should understand how the awareness of death and our consequent sense of mutability provide a significant moment to remember the body. (...) I highlight how this might be achieved through the practice of adventure climbing. The increasing denial of the body's organicity, its mutability - perhaps a key impulse of modernity - is thereby usurped. This is followed by a structure of thought, based around the work of Georg Simmel, conveying the radical materiality of the phenomenal world. In doing so, I highlight the propensity of the environment to inscribe itself upon the human body. This idea is brought alive during the second half of the article, which focuses upon the climbing body and, in particular, the hands of the climber. As they navigate vertical ground climbers are guided by the sense of touch in order to `make sense' of the world. The climbing body orientates itself through tactile navigation: by feeling or grasp-ing its way through the world. To engage with the world tactually is to situate oneself consciously in that world and to have a potentially unmediated relationship with it. In doing so, the climber opens up the possibility for a corporeal reconceptualization of modernity. (shrink)

Is there a ‘constitutional moment’in contemporary Europe? What if anything is the constitution of the European Union; what kind of polity is the Union? The suggestion offered is that there is a legally constituted order, and that a suitable term to apply to it is a ‘commonwealth’, comprising a commonwealth of ‘post-sovereign’ states. Is it a democratic commonwealth, and can it be? Is there sufficiently a demos or ‘people’ for democracy to be possible? If not democratic, what is it? Monarchy, (...) oligarchy, or democracy, or a ‘mixed constitution’? Argued: there is a mixed constitution containing a reasonable element of democratic rule. The value of democracy is then explored in terms of individualistic versus holistic evaluation and instrumental versus intrinsic value. Subsidiarity can be considered in a similar light, suggestively in terms of forms of democracy appropriate to different levels of self-government. The conclusion is that there is no absolute democratic deficit in the European commonwealth. (shrink)

As pervasive as the use of the Internet has become in the United States, a huge percentage of the world’s population has yet to ever use a telephone. It seems ironic, then, that there is a concerted effort on the part of industrialized nations to first hook up their traditionally disadvantaged citizens to the Internet and second, to hook up citizens of developing nations. This paper addresses the universal access phenomenon by considering the growth of the Internet in terms of (...) Leaver and Taker users—idioms usually associated with a culture’s interactions with its environment. Leaver cultures interact with their environment in a sustainable manner while Taker cultures produce more than they need and impose their ways upon others. The Internet is explored as a community of users, which in its current state is dominated by Takers. However, realizing the need for a more heterogeneous Internet community, this paper explores incentives for Leaver cultures to assimilate online and methods of improving interface designs to be more intuitive to Leaver communities. It is hoped that a tragedy of the commons of Internet resources can be avoided as more Leavers participate in the sustainment of the Internet as a valuable tool for all communities. (shrink)

There is growing interest in the contribution of practitioner research towards bodies of knowledge and practice change. A practitioner or group of practitioners may carry out inquiry in order to better understand their own practice and client groups and to assess or improve service effectiveness. There is also increased interest in the place of ethical review (typically encapsulated within requirements to submit to a formal ethics committee) and broader processes of research governance. Drawing on the field of social work this (...) paper seeks to explore how practitioner research should respond to calls for ethical review and greater formal consideration of research projects. We adopt a four-fold discussion. First, we explore the meaning of practitioner research and sketch its progress and the ethical implications thereof within social work; second, we trace the factors accounting for growing interest in ethics review and committees; third, we outline issues raised by practitioner research vis-à-vis ethical review, the role of ethics committees, and processes of research governance. Finally, we suggest how procedures and practices can ensure that ethical principles are considered whilst also fostering practitioner research developments. (shrink)