Much legal research focuses on understanding how judicial decision-makers exercise their discretion. In this paper we examine the notion of legal or judicial discretion, and weaker and stronger forms of discretion. At all times our goal is to build cognitive models of the exercise of discretion, with a view to building computer software to model and primarily support decision-making. We observe that discretionary decision-making can best be modeled using three independent axes: bounded and unbounded, defined and undefined, and binary and (...) continuous. Examples of legal tasks are given from each of the eight ensuing octants and we conclude by saying what this model shows about current legal trends. We should stress that our taxonomy has been based on our observations of how discretionary legal decisions are made. No claim is made that our model is either complete (providing advice in every domain) or exact, but it does help knowledge engineers construct legal decision support systems in discretionary domains. (shrink)

This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and the construction of a (...) decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)

Written by one of today's most creative and innovative philosophers, Ruth Garrett Millikan, this book examines basic empirical concepts; how they are acquired, how they function, and how they have been misrepresented in the traditional philosophical literature. Millikan places cognitive psychology in an evolutionary context where human cognition is assumed to be an outgrowth of primitive forms of mentality, and assumed to have 'functions' in the biological sense. Of particular interest are her discussions of the nature of abilities as (...) different from dispositions, her detailed analysis of the psychological act of reidentifying substances, and her critique of the language of thought for mental representation. In a radical departure from current philosophical and psychological theories of concepts, this book provides the first in-depth discussion on the psychological act of reidentification. (shrink)

This introductory article describes the phenomena of incommensurability and incomparability, how they are related, and why they are important. Since incomparability is the more significant phenomenon, the paper takes that as its focus. It gives a detailed account of what incomparability is, investigates the relation between the incomparability of values and the incomparability of alternatives for choice, distinguishes incomparability from the related phenomena of parity, indeterminacy, and noncomparability, and, finally, defends a view about practical justification that vindicates the importance of (...) incomparability — assuming it exists — for practical reason. (shrink)

The central aim of this book is to answer two questions: Are alternatives for choice ever incomparable? and, In what ways can items be compared? The arguments offered suggest that alternatives for choice no matter how different are never incomparable, and that the ways in which items can be compared are richer and more varied than commonly supposed. This work is the first book length treatment of the topics of incomparability, value, and practical reason.

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

Hume’s theory of personal identity is developed in response to Locke’s account of personal identity. Yet it is striking that Hume does not emphasize Locke’s distinction between persons and human beings. It seems even more striking that Hume’s account of the self in Books 2 and 3 of the Treatise has less scope for distinguishing persons from human beings than his account in Book 1. This is puzzling, because Locke originally introduced the distinction in order to answer questions of moral (...) accountability and Hume’s discussion of the self in Book 2 provides the foundation of his moral theory in Book 3. In response to the puzzle I show that Locke and Hume hold different moral and religious views and these differences are important to explain why their theories of personal identity differ. (shrink)

Genetic database initiatives have given rise to considerable debate about their potential harms and benefits. The question arises as to whether existing ethical frameworks are sufficient to mediate between the competing interests at stake. One approach is to strengthen mechanisms for obtaining informed consent and for protecting confidentiality. However, there is increasing interest in other ethical frameworks, involving solidarity — participation in research for the common good — and the sharing of the benefits of research.

What, normatively speaking, are the grounds of rational choice? This paper defends ‘comparativism’, the view that a comparative fact grounds rational choice. It examines three of the most serious challenges to comparativism: 1) that sometimes what grounds rational choice is an exclusionary-type relation among alternatives; 2) that an absolute fact such as that it’s your duty or conforms to the Categorial Imperative grounds rational choice; and 3) that rational choice between incomparables is possible, and in particular, all that is needed (...) for the possibility of rational choice is that one alternative is not worse than the others. Each challenge is questioned. If comparativism is correct, then no matter what normative theory you favor, your answer to the question, ‘What makes my choice rational?’ must be comparative in form. In this way, comparativism provides a framework for normative theorizing. (shrink)

This collection of Marcus's non-technical essays include her earlier ground-breaking axiomatizations of quantified modal logic, and explore such topics as the necessity of identity, the directly referential role of proper names as "tags", the interplay of possibility and existence, and others viewed as iconoclastic when Marcus first addressed them, but now long incorporated into current discussion.

The privacy concerns discussed in the 1990s in relation to the New Genetics failed to anticipate the relevant issues for individuals, families, geneticists and society. Consumers, for example, can now buy their personal genetic information and share it online. The challenges facing genetic privacy have evolved as new biotechnologies have developed, and personal privacy is increasingly challenged by the irrepressible flow of electronic data between the personal and public spheres and by surveillance for terrorism and security risks. This book considers (...) the right to know and the right not to know about your own and others’ genomes. It discusses new privacy concerns and developments in ethical thinking, with the greater emphasis on solidarity and equity. The multidisciplinary approach covers current topics such as biobanks and forensic databases, DIY testing, group rights and accountability, the food we eat and the role of the press and the new digital media. (shrink)

If liberal theory is to move forward, it must take the political nature of family relations seriously. The beginnings of such a liberalism appear in Mary Wollstonecraft's work. Wollstonecraft's depiction of the family as a fundamentally political institution extends liberal values into the private sphere by promoting the ideal of marriage as friendship. However, while her model of marriage diminishes arbitrary power in family relations, she seems unable to incorporate enduring sexual relations between married partners.

The human imagination remains one of the last uncharted terrains of the mind. People often imagine how events might have turned out something had been different. The of reality, those aspects more readily changed, indicate that counterfactual thoughts are guided by the same principles as rational thoughts. In the past, rationality and imagination have been viewed as opposites. But research has shown that rational thought is more imaginative than cognitive scientists had supposed. In The Rational Imagination, I argue that imaginative (...) thought is more rational than scientists have imagined. People exhibit remarkable similarities in the sorts of things they change in their mental representation of reality when they imagine how the facts could have turned out differently. For example, they tend to imagine alternatives to actions rather than inactions, events within their control rather than those beyond their control, and socially unacceptable events rather than acceptable ones. Their thoughts about how an event might have turned out differently lead them to judge that a strong causal relation exists between an antecedent event and the outcome, and their thoughts about how an event might have turned out the same lead them to judge that a weaker causal relation exists. In a simple temporal sequence, people tend to imagine alternatives to the most recent event. The central claim in the book is that counterfactual thoughts are organised along the same principles as rational thought. The idea that the counterfactual imagination is rational depends on three steps: (1) humans are capable of rational thought; (2) they make inferences by thinking about possibilities; and (3) their counterfactual thoughts rely on thinking about possibilities, just as rational thoughts do. The sorts of possibilities that people envisage explain the mutability of certain aspects of mental representations and the immutability of other aspects. (shrink)

Public health ethics is emerging as a new field of inquiry, distinct not only from public health law, but also from traditional medical ethics and research ethics. Public health professional and scholarly attention is focusing on ways that ethical analysis and a new public health code of ethics can be a resource for health professionals working in the field. This article provides a preliminary exploration of the ethical issues faced by public health professionals in day-to-day practice and of the type (...) of ethics education and support they believe may be helpful. (shrink)

In the libertarian ``agent causation'' view of free will, free choices are attributable only to the choosing agent, as opposed to a specific cause or causes outside the agent. An often-repeated claim in the philosophical literature on free will is that agent causation necessarily implies lawlessness, and is therefore ``antiscientific." That claim is critiqued and it is argued, on the contrary, that the volitional powers of a free agent need not be viewed as anomic, specifically with regard to the quantum (...) statistical law. Assumptions about the role and nature of causation, taken as bearing on volitional agency, are examined and found inadequate to the task. Finally, it is suggested that quantum theory may constitute precisely the sort of theory required for a nomic grounding of libertarian free will. (shrink)

Lifelong learning is something which one does for oneself that no one else can do for one: it is a public and personal human activity, rather than private or individualistic. One of the features of the education system is the paucity of a language for learning as process and participative experience. Personalised learning requires a sense of the worth-whileness of 'being a learner' - a virtue in the 21st century. A sense of one's own worth as a person is essential (...) to understanding one's identity as a learner. Research suggests the human capacity to learn can be understood as a form of consciousness which is characterised by particular values, attitudes and dispositions, with a lateral and a temporal connectivity. This 'consciousness' has several dimensions which are all related to becoming a person, with a learning identity. They also enable the learner to become aware of and appropriate what is of worth and map onto the sorts of core values that learning communities espouse. Awareness of self and of one's own worth as a person is a necessary condition for 'becoming a learner' and for identifying and engaging with 'what is of worth'. Furthermore, a sense of self as a learner is formed in relationship, and understood as one learns to tell one's own story, as a participant in the conversation of the learning community. Character is the way in which we refer to that quality of personhood in which there is rooted the capacity to change and learn over time. (shrink)

The type of research known as cluster randomized trials raises ethical questions not readily answered within the standard understanding of research ethics. What distinguishes a CRT is that it randomizes at the level of social groups rather than at the level of individual research participants: in a CRT, the regimen under study might be assigned to a village, hospital, or school. The organizational schemes of CRTs raise an assortment of fundamental ethical problems. In certain CRTs, the question of whether it (...) is possible to obtain individual informed consent is central. Also, if the intervention is offered at the level of a sizable social group, there is usually no realistic possibility for individuals to opt out of the trial. Other ethical questions raised by CRTs have to do with identifying the subjects of research, and indeed with whether “research” is occurring at all. (shrink)

This is a synoptic and critical commentary on Joseph Raz’s From Normativity to Responsibility.

Through a collection of contributions from an international team of empirical researchers and philosophers, _New Philosophies of Learning_ signals the need for a sharper critical awareness of the possibilities and problems that the recent spate of innovative learning techniques presents. Explores some of the many contemporary innovations in approaches to learning, including neuroscience and the focus on learners’ well-being and happiness Debates the controversial approaches to categorising learners such as dyslexia Raises doubts about the preoccupation with quasi-mathematical scrutiny and the (...) neglect of ethical reflection about education Discusses the possible grounds for concern, without exaggerating their similarities or offering sweeping judgements Includes contributions from empirical researchers and philosophers, including Usha Goswami, Howard Gardner, Julian Elliott, David Bakhurst, John White and Christopher Winch. (shrink)

Background Paramedicine is a newly regulated profession in Australia and with the introduction of regulation in 2018 for this profession came increased responsibilities – including the introduction of a professional code of conduct. Several countries now have regulation of paramedicine and associated professional codes to guide ethical and professional behaviour. Despite this, there has been no published research into paramedic understanding and use of their professional codes. Objectives To explore Australian paramedics’ use and understanding of their professional code of conduct. (...) Research design: This study used a qualitative descriptive design, underpinned by hermeneutic theory. Reflexive thematic analysis was used to analyse the interview data and identify Australian paramedic perceptions surrounding the use of their code of conduct. Results 11 Registered Paramedics from several states and territories were interviewed. Participants were invited to interview by advertisement on social media and the Australasian College of Paramedicine Web site. Participants had varied professional backgrounds including clinical work, education providers and policymakers/managers. Four themes were identified as follows: Theme 1 – ‘You don’t know, what you can’t know’; Theme 2 – ‘I don’t need the code – the code is for others’; Theme 3 – ‘It’s about time’; Theme 4 – ‘Navigating the new profession’. Ethical considerations: Ethics approval was granted by the Monash University Human Research Ethics Committee (MUHREC) Project ID: 28921. All participants provided informed consent. Conclusions The results of this study suggest that paramedics’ knowledge and use of their code is limited, and participants appeared to mostly rely instead on ‘common sense’ morals. Participants did appear to want to understand the broad concepts of the code more and have this better integrated into the profession. The code was also interpreted as important to the paramedic profession and its new professional status, helping to legitimise it as a health profession in Australia. (shrink)

Proposals for an ethical code for scientists raise questions about the usefulness of the framework of professional ethics for debating relevant issues surrounding ethics and science. Is science a profession and if so should its professional ethic be self-derived or subject to external input? What needs to be addressed is the nature of the 'good' that science promotes. Explanations of science as a public good in terms of knowledge and diversity are possibilities, but science's answer to the basic philosophical question (...) of hope in the human condition should not be overlooked. (shrink)

Issues in genetics and genomics have been centre stage in Bioethics for much of its history, and have given rise to both negative and positive imagined futures. Ten years after the completion of the Human Genome Project, it is a good time to assess developments. The promise of whole genome sequencing of individuals requires reflection on personalization, genetic determinism, and privacy.

This long-awaited translation of Das literarische Kunstwerk makes available for the first time in English Roman Ingarden's influential study. Though it is inter-disciplinary in scope, situated as it is on the borderlines of ontology and logic, philosophy of literature and theory of language, Ingarden's work has a deliberately narrow focus: the literary work, its structure and mode of existence. The Literary Work of Art establishes the groundwork for a philosophy of literature, i.e., an ontology in terms of which the basic (...) general structure of all literary works can be determined. This "essential anatomy" makes basic tools and concepts available for rigorous and subtle aesthetic analysis. (shrink)

Les spécialistes de l’archéologie des médias défendent une conception non-linéaire de l’histoire du cinéma, en analysant la façon dont les avancées technologiques et les dispositifs concrets contribuent activement à modifier nos modes de perception. Meurtre dans un jardin anglais de Peter Greenaway constitue un exemple remarquable de « métacinéma » mettant en pratique l’archéologie des médias dans le corps même du film, par le biais de citations visuelles renvoyant à d’autres médias ou d’autres pratiques artistiques, comme la peinture de la (...) Renaissance italienne ou la peinture hollandaise. Le présent essai offre donc une analyse détaillée de Meurtre dans un jardin anglais comme archéologie du cadre cinématique. Le cadre est pour Derrida « la structure décisive de l’enjeu » en ce qu’il renvoie au parergon, marquant ainsi les limites de l’œuvre d’art. Nous nous attacherons donc à décrire les différents types de cadrages appliqués aux nombreux médias présents ou « cités » dans le film : pellicules cinématographiques, écrans, dessins de paysages, miroirs plats ou convexes, tableaux, etc. Ces différents « cadrages » nous fourniront autant de clés de lecture pour comprendre les transformations que subit un médium artistique donné quand il est « re-présenté » par un autre. (shrink)

The purpose of this paper is to encourage reflection about the harm that could result if the positive aspects of team-organized health care are compromised during the health care reform process. While other models of health care delivery could replace teamwork and serve patients as well or better, the interdisciplinary health care team probably will not be abandoned. However, one or more disciplines whose members play important roles on various teams may be sacrificed in the hasty effort to define essential (...) health care. Moreover, a significant proportion of the types of IHCTs in existence could be rashly eliminated from health plans. These changes should not take place randomly or by default. (shrink)

The emotions have long been an interest for those studying ancient Greece and Rome. But while the last few decades have produced excellent studies of individual emotions and the different approaches to them by the major philosophical schools, the focus has been almost entirely on negative emotions. This might give the impression that the Greeks and Romans had little to say about positive emotion, something that would be misguided. As the chapters in this collection indicate, there are representations of positive (...) emotions extending from archaic Greek poetry to Augustine, and in both philosophical works and literary genres as wide-ranging as lyric poetry, forensic oratory, comedy, didactic poetry, and the novel. Nor is the evidence uniform: while many of the literary representations give expression to positive emotion but also describe its loss, the philosophers offer a more optimistic assessment of the possibilities of attaining joy or contentment in this life.The positive emotions show some of the same features that all emotions do. But unlike the negative emotions, which we are able to describe and analyze in great detail because of our preoccupation with them, positive emotions tend to be harder to articulate. Hence the interest of the present study, which considers how positive emotions are described, their relationship to other emotions, the ways in which they are provoked or upset by circumstances, how they complicate and enrich our relationships with other people, and which kinds of positive emotion we should seek to integrate. The ancient works have a great deal to say about all of these topics, and for that reason deserve more study, both for our understanding of antiquity and for our understanding of the positive emotions in general. (shrink)