In his classic monograph, The Death of Contract, Grant Gilmore argued that Christopher Columbus Langdell, Oliver Wendell Holmes, and Samuel Williston trumped up the legal credentials for their classical bargain theory of contract law. Gilmore's analysis has been subjected to extensive criticism, but its specific, sustained, and fundamental charge that the bargain theory was based on a fraudulent misrepresentation of precedential authority has never been questioned. In this Essay, I argue that Gilmore's case against the classical (...) theorists rests on the suppressed premise that the precedential authority of cases resides in the express judicial reasoning used to decide them. In contrast, I argue that the classical theorists implicitly presuppose that the precedential authority of cases consists in the best theory that explains their outcomes, even if that theory is inconsistent with the case's express judicial reasoning. The classical view of precedential authority completely defuses Gilmore's charge of fraud. In Gilmore's view, merely demonstrating the inconsistency between the proposition for which the classical theorists cited a case and the express reasoning in that case suffices as proof of misrepresentation. But in the classical theorists' view, the express reasoning in a case is simply a theory of its precedential authority, which, like any theory, can be wrong. Thus, the classical theorists simply reject Gilmore's claim that a case cannot properly be cited for a proposition inconsistent with its express reasoning. The real dispute, then, between Gilmore and the classical theorists is over the nature of precedential authority and not the content of contract law. Having reframed the classic death-of-contract debate, I then trace these competing conceptions of precedential authority through the major schools of contemporary contract theory. I argue that a contract theory's embrace of one view instead of the other can be explained by the relative priority it accords to each of the two components in a conception of adjudicative legitimacy. A conception of adjudicative legitimacy consists in a theory of what it means for a decision to be based on law and a theory of what is required for law to be justified. I explain why theories according priority to the former tend to subscribe to the precedents-as-outcomes view, while theories according priority to the latter tend to favor the express reasoning view. The Essay concludes by arguing that the economic analysis of contract law subscribes to the precedents-as-outcomes view and therefore is the contemporary jurisprudential successor to the late nineteenth-century classical theorists. (shrink)

There is an ongoing debate about the ethics of research on lifespan extension: roughly, using medical technologies to extend biological human lives beyond the current “natural” limit of about 120 years. At the same time, there is an exploding interest in the use of artificial intelligence (AI) to create “digital twins” of persons, for example by fine-tuning large language models on data specific to particular individuals. In this paper, we consider whether digital twins (or digital doppelgängers, as we refer to (...) them) could be a path toward a kind of life extension—or more precisely, a kind of person extension—that does not rely on biological continuity. We discuss relevant accounts of consciousness and personal identity and argue that digital doppelgängers may at least help us achieve some of the aims or ostensible goods of person-span extension, even if they may not count as literal extensions of our personhood on dominant philosophical accounts. We also consider relational accounts of personhood and discuss how digital doppelgängers may be able to extend personhood in a relational sense, or at least secure some of the goods associated with relevant relationships. We conclude by suggesting that a research program to investigate such issues is relevant to ongoing debates about the ethics of extending the human lifespan. (shrink)

Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of new essays, many of the world's (...) leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this the most accessible guide to Rawls currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Rawls. (shrink)

The philosophy of mind is one of the fastest-growing areas in philosophy, not least because of its connections with related areas of psychology, linguistics and computation. This _Companion_ is an alphabetically arranged reference guide to the subject, firmly rooted in the philosophy of mind, but with a number of entries that survey adjacent fields of interest. The book is introduced by the editor's substantial _Essay on the Philosophy of Mind_ which serves as an overview of the subject, and is closely (...) referenced to the entries in the Companion. Among the entries themselves are several "self-profiles" by leading philosophers in the field, including Chomsky, Davidson, Dennett, Dretske, Fodor, Lewis, Searle and Stalnaker, in which their own positions within the subject are articulated. In some more complex areas, more than one author has been invited to write on the same topic, giving a polarity of viewpoints within the book's overall coverage. All main entries have a full bibliography, and the book is indexed to the high standards set by other volumes in the Blackwell Companions to Philosophy series. (shrink)

Many recent political philosophers have attempted to demonstrate that choice and responsibility can be incorporated into the framework of an egalitarian theory of distributive justice. This article argues, however, that the project of developing a responsibility-based conception of egalitarian justice is misconceived. The project represents an attempt to defuse conservative criticism of the welfare state and of egalitarian liberalism more generally. But by mimicking the conservative’s emphasis on choice and responsibility, advocates of responsibility-based egalitarianism unwittingly inherit the conservative’s unsustainable justificatory (...) ambitions, unattractive moralism, and questionable metaphysical commitments. More importantly, they misrepresent the nature of our concern with equality as a value. (shrink)

What are the features of a good scientific theory? Samuel Schindler's book revisits this classical question in the philosophy of science and develops new answers to it. Theoretical virtues matter not only for choosing theories 'to work with', but also for what we are justified in believing: only if the theories we possess are good ones can we be confident that our theories' claims about nature are actually correct. Recent debates have focussed rather narrowly on a theory's capacity to (...) predict new phenomena successfully, but Schindler argues that the justification for this focus is thin. He discusses several other theory properties such as testability, accuracy, and consistency, and highlights the importance of simplicity and coherence. Using detailed historical case studies and careful philosophical analysis, Schindler challenges the received view of theoretical virtues and advances arguments for the view that science uncovers reality through theory. (shrink)

Scheffler discusses the role of thick concepts in the context of Williams’s main ethical book. He is critical of Williams’s distinction between thick and thin concepts, pointing out that with great problems, justice cannot be said to be either thick or thin.

Purity is the principle that fundamental facts only have fundamental constituents. In recent years, it has played a significant role in metaphysical theorizing—but its logical foundations are underdeveloped. I argue that recent advances in higher-order logic reveal a subtle ambiguity regarding Purity’s interpretation; there are stronger and weaker versions of that principle. The arguments for Purity only support the weaker interpretation, but arguments that employ it only succeed if the stronger interpretation is true. As a result, nearly every metaphysician who (...) has appealed to Purity has made a mistake—in that the inferences that they make are not justified by the arguments that they provide. (shrink)

Why should we care what happens to future generations? Samuel Scheffler argues that we are more invested in the fate of our descendants than we may realize. Implicit in our own attachments are powerful reasons for wanting the chain of human generations to persist into the indefinite future under conditions conducive to human flourishing.

I argue that Spinoza endorses "conceptual dependence monism," the thesis that all forms of metaphysical dependence (such as causation, inherence, and existential dependence) are conceptual in kind. In the course of explaining the view, I further argue that it is actually presupposed in the proof for his more famed substance monism. Conceptual dependence monism also illuminates several of Spinoza’s most striking metaphysical views, including the intensionality of causal contexts, parallelism, metaphysical perfection, and explanatory rationalism. I also argue that this priority (...) of the conceptual does not commit Spinoza to forms of idealism or mentalism. The question of how to understand different kinds of metaphysical dependence is quite controversial in Spinoza studies; I address major alternative readings in the notes. But there I also try to draw connections to the growing debate in contemporary discussions about metaphysical dependence, as this topic is a happy point of shared interest between Spinoza and contemporary metaphysicians alike. (shrink)

In this article, I argue that Kant’s Categorical Imperative applies to maxim tokens rather than to maxim types. The article has three main parts. In the first, I explain my thesis. In the second, I argue for it. In the third, I argue, further, that, if my thesis is correct, then tokens of different maxim types can have different deontic statuses for different agents.

There is an ongoing debate about the ethics of research on lifespan extension: roughly, using medical technologies to extend biological human lives beyond the current “natural” limit of about 120 years. At the same time, there is an exploding interest in the use of artificial intelligence (AI) to create “digital twins” of persons, for example by fine-tuning large language models on data specific to particular individuals. In this paper, we consider whether digital twins (or digital doppelgängers, as we refer to (...) them) could be a path toward a kind of life extension—or more precisely, a kind of person extension—that does not rely on biological continuity. We discuss relevant accounts of consciousness and personal identity and argue that digital doppelgängers may at least help us achieve some of the aims or ostensible goods of person-span extension, even if they may not count as literal extensions of our personhood on dominant philosophical accounts. We also consider relational accounts of personhood and discuss how digital doppelgängers may be able to extend personhood in a relational sense, or at least secure some of the goods associated with relevant relationships. We conclude by suggesting that a research program to investigate such issues is relevant to ongoing debates about the ethics of extending the human lifespan. (shrink)

Can a belief source confer justification when we lack antecedent justification for believing that it’s reliable? A negative answer quickly leads to skepticism. A positive answer, however, seems to commit one to allowing pernicious reasoning known as “epistemic bootstrapping.” Puzzles surrounding bootstrapping arise because we illicitly assume either that justification requires doxastic awareness of a source’s epistemic credentials or that there is no requirement that a subject be aware of these credentials. We can resolve the puzzle by splitting the horns (...) and requiring a non-conceptual awareness of, or direct acquaintance with, a source’s legitimacy. Requiring non-conceptual as opposed to doxastic awareness halts the regress and avoids the skeptical results. On the other hand, requiring non-conceptual awareness also guarantees that we are aware of evidence for a source’s reliability prior to using that source to form justified beliefs; we thereby avoid the problem of allowing epistemic bootstrapping to generate the illicit gains in justification. (shrink)

It can be shown by means of a paradox that, given the Principle of Sufficient Reason, there is no conjunction of all contingent truths. The question is, or ought to be, how to interpret that result: _Quid sibi velit?_ A celebrated argument against PSR due to Peter van Inwagen and Jonathan Bennett in effect interprets the result to mean that PSR entails that there are no contingent truths. But reflection on parallels in philosophy of mathematics shows it can equally be (...) interpreted either as a proof that there are "too many" contingent truths to combine in a single conjunction or as a proof that the concept _contingent truth_ is indefinitely extensible and there is no such thing as "all contingent truths." Either interpretation would reconcile PSR with contingent truth, but the natural rationales of those interpretations are at odds. This essay argues that the second interpretation is a more satisfactory explanation of why, if PSR is true, there should be no conjunction of all contingent truths. This sheds new light on the nature of the explanatory demand embedded in PSR and uncovers a number of surprising implications for the commitments of rationalism. (shrink)

Many people have long-term commitments that require coordination and cooperation with others. To achieve this, we construct plans to settle when, how, and for how long to pursue certain goals rather than others. This raises an interesting cognitive problem, namely that individuals can, at any given moment, manage significantly less information than they will need to accomplish their goals. Call this the Problem of Scarce Information. The solution requires a special self-regulatory system that strategically manages the varying informational demands of (...) one's activity. This paper argues that vigilance has structural and functional characteristics that make it apt to play this role. This paper illuminates both crucial aspects of temporally extended agency, but also the unique practical norms that structure how we act over time. (shrink)

The various proponents of the DDA differ over how it should be understood. It might be thought that the distinction between doing and allowing reduces to the distinction between action and inaction. As against this, Philippa Foot has argued that some actions, such as pulling the plug on an artificial respirator, should be treated as “allowings.” On her view, the relevant distinction is primarily one between initiating or sustaining a harmful causal sequence, and allowing or enabling a harmful causal sequence (...) to run its course. The view that this is the proper interpretation of the DDA has been challenged by Warren Quinn, who argues that Foot’s distinction either fails to account for our considered intuitions in some cases or collapses back into the action/inaction distinction. Quinn offers an interpretation of the DDA that is closer to the action/inaction distinction, but in which intentions are made to play a significant role. (shrink)

To be a liberal is, among other things, to grant basic liberties some degree of priority over other aspects of justice. But why do basic liberties warrant this special treatment? For Rawls, the answer has to do with the allegedly special connection between these freedoms and the ‘two moral powers’ of reasonableness and rationality. Basic freedoms are said to be preconditions for the development and exercise of these powers and are held to warrant priority over other justice-relevant values for that (...) reason. In the first half of the article I mount an internal critique of this Rawlsian line, arguing that it is flawed in two main ways. First, it overestimates the contribution of basic freedom to moral personality. Second, it underestimates the contribution of non-liberty resources to moral personality. In the second half of the article I repair these flaws. The result is a new, intriguingly radical version of justice as fairness, one with surprising—yet plausible—implications for economic and gender justice. (shrink)

Bertrand Russell and the Nature of Propositions offers the first book-length defence of the Multiple Relation Theory of Judgement (MRTJ). Although the theory was much maligned by Wittgenstein and ultimately rejected by Russell himself, Lebens shows that it provides a rich and insightful way to understand the nature of propositional content. In Part I, Lebens charts the trajectory of Russell’s thought before he adopted the MRTJ. Part II reviews the historical story of the theory: What led Russell to deny the (...) existence of propositions altogether? Why did the theory keep evolving throughout its short life? What role did G. F. Stout play in the evolution of the theory? What was Wittgenstein’s concern with the theory, and, if we can’t know what his concern was exactly, then what are the best contending hypotheses? And why did Russell give the theory up? In Part III, Lebens makes the case that Russell’s concerns with the theory weren’t worth its rejection. Moreover, he argues that the MRTJ does most of what we could want from an account of propositions at little philosophical cost. This book bridges the history of early analytic philosophy with work in contemporary philosophy of language. It advances a bold reading of the theory of descriptions and offers a new understanding of the role of Stout and the representation concern in the evolution of the MRTJ. It also makes a decisive contribution to philosophy of language by demonstrating the viability of a no-proposition theory of propositions. (shrink)

Ethics networks have emerged over the last few decades as a mechanism for individuals and institutions over various regions, cities and states to converge on healthcare-related ethical issues. However, little is known about the development and nature of such networks. In an effort to fill the gap in the knowledge about such networks, a survey was conducted that evaluated the organizational structure, missions and functions, as well as the outcomes/products of ethics networks across the country. Eighteen established bioethics networks were (...) identified via consensus of three search processes and were approached for participation. The participants completed a survey developed for the purposes of this study and distributed via SurveyMonkey. Responses were obtained from 10 of the 18 identified and approached networks regarding topic areas of: Network Composition and Catchment Areas; Network Funding and Expenses; Personnel; Services; and Missions and Accomplishments. Bioethics networks are designed primarily to bring ethics education and support to professionals and hospitals. They do so over specifically defined areas—states, regions, or communities—and each is concerned about how to stay financially healthy. At the same time, the networks work off different organizational models, either as stand-alone organizations or as entities within existing organizational structures. (shrink)

According to Phenomenal Conservatism (PC), if it seems to a subject S that P, S thereby has some degree of (defeasible) justification for believing P. But what is it for P to seem true? Answering this question is vital for assessing what role (if any) such states can play. Many have appeared to adopt a kind of non-reductionism that construes seemings as intentional states which cannot be reduced to more familiar mental states like beliefs or sensations. In this paper I (...) aim to show that reductive accounts need to be taken more seriously by illustrating the plausibility of identifying seemings and conscious inclinations to form a belief. I briefly close the paper by considering the implications such an analysis might have for views such as PC. (shrink)

The Golden Rule is endorsed in oneform or another by most cultures and majorreligions and is still espoused byphilosophers, business ethicists, and popularbusiness authors. Because it also resonateswith undergraduate business majors, it can bean effective teaching tool. This paperdescribes a way of teaching the Golden Rulethrough a series of business-oriented examplesintended to bring out its strengths andweaknesses. The method described alsointroduces students to some basic moralreasoning skills and acquaints them with a widerange of moral issues that arise in business. Kant's (...) Formula of Humanity is discussed in thefinal section as a principle that overcomes atleast some of the Golden Rule's defects. (shrink)

Serena Olsaretti brings together new essays by leading moral and political philosophers on the nature of desert and justice, their relations with each other and with other values.

Machery and Weiskopf argue that the kind concept is a natural kind if and only if it plays an explanatory role in cognitive scientific explanations. In this paper, we argue against this explanationist approach to determining the natural kind-hood of concept. We first demonstrate that hybrid, pluralist, and eliminativist theories of concepts afford the kind concept different explanatory roles. Then, we argue that we cannot decide between hybrid, pluralist, and eliminativist theories of concepts, because each endorses a different, but equally (...) viable, specification of the explananda of cognitive science. It follows that an explanationist approach to determining the natural kind-hood of concept fails, because there is no consensus about whether or not concept should be afforded an explanatory role in our best cognitive scientific explanations. We conclude by considering what our critique of explanationism could imply for further discussions about the explanatory role of concepts in cognitive science. (shrink)

Plato's Parmenides divides up into two main parts, the first ostensibly devoted to a series of criticisms launched by a venerable Parmenides against a theory of Forms previously articulated by a youthful Socrates, the second consisting of a virtually unbroken series of deductions to seemingly incompatible conclusions. As such, the dialogue poses a serious interpretative challenge, for it is unclear what conclusions Plato expected his readers to draw from both parts and how the conclusion of Part II is supposed to (...) bear on the conclusion of Part I. (shrink)

The private self, however, cannot stand alone. "We cannot think of the self except in contrast to that which is other than the self". Royce finds the source of physical nature in this need of the self for a not-self. The whole difference between inner and outer is social in origin, for only social confirmation can sustain our belief that a fact is an outer fact rather than an inner fact which no one else can observe.

The Impassioned Life argues that theology's task today is to rethink the nature of the emotions and their relation to human reason. Such rethinking is necessary because the Christian tradition feels ambivalently about the emotions. Armed with a commitment to body-soul dualism, many writers have equated the image of God with rationality and wondered whether emotion is an essential feature of human nature; however, the tradition has also affirmed the value of emotions such as love and compassion and has sometimes (...) asserted the value of so-called negative emotions such as anger. The question, then, is whether the tradition's pastoral insight into the importance of moderation and control of the emotions requires us to think dualistically about soul (identified with reason) and body (the seat of emotions). To answer this question, The Impassioned Life explores the vital resources of the Christian theological tradition and also of contemporary scientific and psychological research in order to achieve a more adequate theological understanding of the emotions and reason. At heart, it offers a holistic, integrated vision of the Christian life lived passionately in its full range of human feeling as life in the Spirit. (shrink)

Aristotle’s fundamental rationale for the ‘teleios life’ requirement (Nicomachean Ethics i 7.1098a18) is that a virtuous activity is better when it is more continuous and more enduring. Consequently, the Aristotelian wish (boulēsis) for happiness properly inclines the virtuous person to wish for immortality. This is not an incoherent wish because mortality is coincidental to the human being as such.

This is the text of The Lindley Lecture for 1994, given by Samuel Scheffler, an American philosopher.

After outlining a common critique in selected texts by Paulo Freire and Benedict XVI, we turn beyond the individual thinkers and into the mystagogy of their common religious traditions, beginning with an extended description of the Jewish ritual of Passover, foundational to a description of the Catholic celebration of the Eucharist to follow, but also definitive in its own right. In describing these two rituals we find a fuller consideration of the constructive responses by Freire and Benedict to the institutional (...) objectification of the human person in the eros of the common meal. This is the mysterious freedom of eros that is a necessary condition for the possibility of true and lasting communion, essential for any liberating education and often missing in Marxist and other accounts of critical pedagogy that ignore its theological roots. Rather than reacting to these limits to the present, well-known literature, we carve out an alternate path. (shrink)

This essay is an extended reflection on the relationship between death and love expressed in a fragment from Song of Songs 8:6: «Strong as death is love». The passage will be analyzed through a Jewish, Orthodox, and Catholic exegesis and literary reflection. In particular, the essay describes the role of a particular form of love (eros) within a particular form of education (education at the end of time). While eros has frequently been ignored or resigned to a purely sexualized role, (...) we will look closely at Augustine’s eulogy of his mother, Monica, in the Confessions, suggesting that perhaps the most visceral expression of eros is to be found in the phenomenology of death. We will also draw on the phenomenological manifestation of death by looking to the rich description of dying provided by Leo Tolstoy in his novella, The Death of Ivan Ilych. Together these investigations of eros and education yield a «curriculum of death», which draws on the re-conceptualist notion of curriculum. Our claim is that this curriculum of death offers a sense of urgency and seriousness found lacking in schools today, where death abounds, but is rarely if ever addressed in a humanistic way. This final methodological emphasis on the humanities elucidates more directly and critically the role of research for a curriculum of death within the dominance of social science in the field of education. (shrink)

Representationalists and anti-representationalists disagree about whether a naturalisation of mental content is possible and, hence, whether positing mental representations in cognitive science is justified. Here, I develop a novel way to think about mental representations based on a philosophical description of (cognitive) science inspired by cognitive instrumentalism. On this view, our acceptance of theories positing mental representations and our beliefs in (something like) mental representations do not depend on the naturalisation of content. Thus, I conclude that if we endorse cognitive (...) instrumentalism about mental representations, then we can finally leave the dispute between representationalism and anti-representationalism behind. (shrink)