Basic jurisprudence and legal philosophy (Laws of the South Pacific series, no. 3) - Pub: University of the South Pacific, Institute of Justice & Applied Legal Studies, Suva.

_On Being in the World_, first published in 1990, illumines a neglected but important area of Wittgenstein’s philosophy, revealing its pertinence to the central concerns of contemporary analytic philosophy. The starting point is the idea of ‘continuous aspect perception’, which connects Wittgenstein’s treatment of certain issues relating to aesthetics with fundamental questions in the philosophy of psychology. Professor Mulhall indicates parallels between Wittgenstein’s interests and Heidegger’s _Being and Time_, demonstrating that Wittgenstein’s investigation of aspect perception is designed to cast light (...) on much more than a bizarre type of visual experience: in reality, it highlights what is distinctively _human _about our behaviour in relation to things in the world, what it is that distinguishes our practical activity from that of automata. On Being in the World remains an invaluable resource for students of Wittgenstein’s philosophy, as well as anyone interested in negotiating the division between analytic and continental philosophy. (shrink)

The experience of having to suffer debilitating pain is far too common in the United States, and many patients continue to be inadequately treated by their doctors. Although many physicians freely admit that their pain management practices may have been somewhat lacking, many more express concern that the prescribing of heightened levels of opioid analgesics may result in closer regulatory scrutiny, criminal investigation, or even criminal prosecution.Although several researchers have examined the regulatory environment and the threat of sanction or harm (...) it poses to physicians and patients, few have examined the likelihood of investigation or prosecution stemming from the aggressive use of opioids in physician-directed pain management. Accordingly, in an effort to assess whether the fear of prosecution is realistic and, if so, what factors contribute to its likelihood, we surveyed chief prosecutors in four states about their knowledge, opinions, and attitudes concerning opioids and the prosecution of physicians stemming from the treatment of patients who were either terminally ill or suffering from chronic noncancer pain. (shrink)

Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said (...) to entail a general obligation to obey the law, and a general obligation to obey the law is said to entail legitimate political authority. With some version of this idea in mind, many writers attempt to establish full (or partial) legitimate political authority by first arguing for the intermediate conclusion that there exists a general (or partial) obligation to obey the law. This article argues that such a strategy is fundamentally mistaken, because while legitimate authority does indeed entail an obligation to obey the law, an obligation to obey the law does not, in and of itself, entail legitimate authority. This can be referred to as “the reverse entailment problem.” To avoid this problem, a theory of political authority must argue directly for the existence of the appropriate kind of moral power on the part of the state. This article argues for the “value-based” conception of a moral power, which states, very roughly, that one person holds a power over another if there is sufficient value in the former possessing the capacity intentionally to impose an obligation on the latter (or otherwise to change her normative situation). This seemingly simple understanding of a moral power gives rise to surprisingly strong adequacy conditions on what can count as an acceptable theory of legitimate political authority, and these conditions decisively rule out most of the standard theories in the literature. (shrink)

Here is an overview of what is to come. In Sections I and II, I will sketch two of the projects frequently pursued by moral philosophers, and the methods typically invoked in those projects. I will argue that these projects presuppose (or at least suggest) a particular sort of account of the mental representation of human value systems, since the methods make sense only if we assume a certain kind of story about how the human mind stores information about values. (...) The burden of my argument in Section III will be that while the jury is still out, there is some evidence suggesting that this account of mental representation is mistaken. If it is mistaken, it follows that two of the central methods of moral philosophy have to be substantially modified, or perhaps abandoned, and that the goals philosophers have sought to achieve with these methods may themselves be misguided. I fear that many of my philosophical colleagues will find this a quite radical suggestion. But if anything is clear in this area, it is that the methods we will be considering have not been conspicuously successful, though it certainly has not been for want of trying. So perhaps it is time for some radical, empirically informed rethinking of goals and methods in these parts of moral philosophy. (shrink)

The incorporation of neural-based technologies into psychiatry offers novel means to use neural data in patient assessment and clinical diagnosis. However, an over-optimistic technologisation of neuroscientifically-informed psychiatry risks the conflation of technological and psychological norms. Neurotechnologies promise fast, efficient, broad psychiatric insights not readily available through conventional observation of patients. Recording and processing brain signals provides information from ‘beneath the skull’ that can be interpreted as an account of neural processing and that can provide a basis to evaluate general behaviour (...) and functioning. But it ought not to be forgotten that the use of such technologies is part of a human practice of neuroscience informed psychiatry. This paper notes some challenges in the integration of neural technologies into psychiatry and suggests vigilance particularly in respect to normative challenges. In this way, psychiatry can avoid a drift toward reductive technological approaches, while nonetheless benefitting from promising advances in neuroscience and technology. (shrink)

Agonism emerged three decades ago as an assault on the overemphasis in political theory on justice and consensus. It has now become the norm. But its character and relation to core values of democracy are not as unproblematic today as is often thought, an issue that becomes more pressing as contemporary politics increasingly seem locked into notions of unrelenting conflict between “friends” and “enemies.” This essay traces alternative ontological roots and ethical implications of agonism, distinguishing between “imperializing” and “tempered” modes. (...) The former, exemplified in the popular Schmitt-Mouffe formulation, is shown to be fundamentally flawed in its failure to conceive politics in a fashion that does not allow the dynamic of friend–enemy to imperially trump appeals to democratic norms. In a world of insurgent white nationalism in democratic polities, this is no small fault. “Tempered” agonists, such as William Connolly and Bonnie Honig, offer ontologies where democratic norms can gain traction. Despite the admirable qualities of these alternatives, their formulations are nevertheless not fully persuasive. The difficulty lies in their underarticulated accounts of equality. I suggest an alternative formulation of agonism that embraces a central role for the idea of the moral equality of voice, a value that resides in the seam between notions of difference, resistance, and conflict emphasized by agonists, on the one hand, and the idea of fairness emphasized by notions of democratic justice, on the other. (shrink)

Since the heyday of ordinary language philosophy, Anglophone epistemologists have devoted a great deal of attention to the English word ‘know’ and to English sentences used to attribute knowledge. Even today, many epistemologists, including contextualists and subject-sensitive invariantists are concerned with the truth conditions of “S knows that p,” or the proposition it expresses. In all of this literature, the method of cases is used, where a situation is described in English, and then philosophers judge whether it is true that (...) S knows that p, or whether saying “S knows that p” is false, deviant, etc. in that situation. However, English is just one of over 6000 languages spoken around the world, and is the native language of less than 6% of the world’s population. When Western epistemology first emerged, in ancient Greece, English did not even exist. So why should we think that facts about the English word “know,” the concept it expresses, or subtle semantic properties of “S knows that p” have important implications for epistemology? Are the properties of the English word “know” and the English sentence ‘S knows that p’ shared by their translations in most or all languages? If that turned out to be true, it would be a remarkable fact that cries out for an explanation. But if it turned out to be false, what are the implications for epistemology? Should epistemologists study knowledge attributions in languages other than English with the same diligence they have shown for the study of English knowledge attributions? If not, why not? In what ways do the concepts expressed by ‘know’ and its counterparts in different languages differ? And what should epistemologists make of all this? (shrink)

Deleuze's relationship to Kant is intricate and fundamental, given that Deleuze develops his transcendental philosophy of difference in large part out of Kant's work. In doing so he utilises the moment of the sublime from the third Critique as the genetic model for the irruption of the faculties beyond their capture within common sense. In this sense, the sublime offers the model not only for transcendental genesis but also for aesthetic experience unleashed from any conditions of possibility. As a result, (...) sensation in both its wider and more specifically artistic senses (senses that become increasingly entwined in Deleuze's work) will explode the clichéés of human perception, and continually reinvent the history of art without recourse to representation. In tracing Deleuze's ‘‘aesthetics’’ from Kant we are therefore returned to the viciously anti-human (and Nietzschean) trajectory of Deleuze's work, while simultaneously being forced to address the extent of its remaining Idealism. Both of these elements play an important part in relation to Deleuze's ‘‘modernism’’, and to the discussion of his possible relevance to contemporary artistic practices. (shrink)

The legalization of physician-assisted suicide remains a hotly debated issue throughout the United States, and continues to capture the attention of government officials at both the state and federal levels. While the practice is currently legal in Oregon, some federal lawmakers and officials from the U.S. Department of Justice have attempted to outlaw that state's practice through legislation, or through a strained interpretation of the federal Controlled Substances Act. And while several citizen groups throughout the United States have attempted but (...) failed to legalize PAS through popular initiative, several state lawmakers have succeeded in specifically outlawing the practice. Yet even though physician-assisted suicide remains unlawful in every state except Oregon, there is ample evidence that American physicians throughout the United States have participated in PAS by providing their terminally ill patients with lethal prescriptions. (shrink)

LeMans’s gontological argument aims to prove the non-existence of God on the basis that it is possible to conceive of a being that is greater than any actual thing. If God were actual, then it would be possible to conceive of something greater than God. As this is not possible, God does not exist.

In this paper I consider two kinds of approaches that philosophers have used to defend free will against psychologist Daniel Wegner’s claim that neuroscience research indicates that consciousness does not have any causal power over our actions. On the one hand, Eddy Nahmias relies heavily on empirical arguments to challenge Wegner’s conclusions. In contrast, Daniel Dennett employs a conceptual argument based on the idea that Wegner is operating under a mistaken notion of self. After ultimately rejecting the defenses of free (...) will given by both Nahmias and Dennett, I conclude by assessing whether either of the types of approaches taken by these philosophers might eventually yield a viable defense of free will in light of the challenges posed by contemporary neuroscience. (shrink)

The emergence of mathematical probability has something to do with dice games: all the early discussions (Cardano, Galileo, Pascal) suggest as much. Although this has long been recognized, the problem is that gambling at dice has been a popular pastime since antiquity. Why, then, did gamblers wait until the sixteenth century ce to calculate the math of dicing? Many theories have been offerred, but there may be a simple solution: early-modern gamblers played different sorts of dice games than in antiquity. (...) While ancients diced at communal risk, early-moderns diced at individualized risk. These individual wager-games, for example, the game “hazard”, incentivized solving questions like “how likely is it to roll a triple-six?”. Before the early modern period there was no gambling game to which working out mathematical probability would have brought an advantage. (shrink)

Information is clearly vital to public health, but the acquisition and use of public health data elicit serious privacy concerns. One strategy for navigating this dilemma is to build 'trust' in institutions responsible for health information, thereby reducing privacy concerns and increasing willingness to contribute personal data. This strategy, as currently presented in public health literature, has serious shortcomings. But it can be augmented by appealing to the philosophical analysis of the concept of trust. Philosophers distinguish trust and trustworthiness from (...) cognate attitudes, such as confident reliance. Central to this is value congruence: trust is grounded in the perception of shared values. So, the way to build trust in institutions responsible for health data is for those institutions to develop and display values shared by the public. We defend this approach from objections, such as that trust is an interpersonal attitude inappropriate to the way people relate to organisations. The paper then moves on to the practical application of our strategy. Trust and trustworthiness can reduce privacy concerns and increase willingness to share health data, notably, in the context of internal and external threats to data privacy. We end by appealing for the sort of empirical work our proposal requires. (shrink)

In matters of responsibility, there are often two sides to the transaction: one party who holds another responsible, and the other who takes responsibility for her conduct. The first side has been closely scrutinized in discussions of the nature of responsibility, due to the influential Strawsonian conjecture that an agent is responsible if and only if it is appropriate to hold her responsible. This preoccupation with holding responsible – with its focus on the second-personal perspective and on responses like blame (...) – contrasts with a relative neglect of the perspective of the agent and the role that she has to play by taking responsibility. I aim to show that this neglect is undeserved – that taking responsibility is both distinct in character from holding responsible and fundamentally important in its own right. I develop a conception of taking responsibility that reveals an under-explored dimension of our responsibility practices. (shrink)

How do we prove the existence of God? This book tackles head-on this fundamental question. It examines a cross-section of theistic proofs, explaining in clear terms what they are and what they try to accomplish.

本书介绍的外国政界,学界的观点和看法涉及反腐倡廉的各个方面,如廉政,相互制衡,反腐,内外制约,制约机制,道德规范,道德教育等.

This article argues that it is a mistake to assume that atheism entails naturalism, that naturalism is what leads someone to embrace atheism, and that atheists must sign up to a ‘naturalistic world-view’.

Lists of species underpin many fields of human endeavour, but there are currently no universally accepted principles for deciding which biological species should be accepted when there are alternative taxonomic treatments (and, by extension, which scientific names should be applied to those species). As improvements in information technology make it easier to communicate, access, and aggregate biodiversity information, there is a need for a framework that helps taxonomists and the users of taxonomy decide which taxa and names should be used (...) by society whilst continuing to encourage taxonomic research that leads to new species discoveries, new knowledge of species relationships, and the refinement of existing species concepts. Here, we present 10 principles that can underpin such a governance framework, namely (i) the species list must be based on science and free from nontaxonomic considerations and interference, (ii) governance of the species list must aim for community support and use, (iii) all decisions about list composition must be transparent, (iv) the governance of validated lists of species is separate from the governance of the names of taxa, (v) governance of lists of accepted species must not constrain academic freedom, (vi) the set of criteria considered sufficient to recognise species boundaries may appropriately vary between different taxonomic groups but should be consistent when possible, (vii) a global list must balance conflicting needs for currency and stability by having archived versions, (viii) contributors need appropriate recognition, (ix) list content should be traceable, and (x) a global listing process needs both to encompass global diversity and to accommodate local knowledge of that diversity. We conclude by outlining issues that must be resolved if such a system of taxonomic list governance and a unified list of accepted scientific names generated are to be universally adopted. (shrink)

Commentators who lament that Kant offers no concrete guidelines for how to set up an ethical community typically neglect Kant’s claim in Religion that the ethical state of nature can transform into an ethical community only by becoming a people of God—i.e., a religious community, or “church.” Kant’s argument culminates by positing four categorial precepts for church organization. The book’s next four sections can be read as elaborating further on each precept, respectively. Kant repeatedly warns against using religious norms to (...) control people. Accordingly, he explicitly forbids the true church from adopting any standard form of political governance; it must aim to be radically non-political. Nevertheless, churches organized according to Kant’s non-coercive theocratic model contribute something essential to the ultimate political goal of achieving perpetual peace and an end to war: by approaching the ultimate ethical goal, the true church offers an antidote to normative fragmentation. (shrink)

The author examines various strains in the wider historical tradition of Christian ethical thought that have obscured the moral excellence of mutual love. This examination presupposes that the communion between God, self, and other(s) is the highest ideal of Christian love. Moreover, several conclusions are offered that relate this examination to the writings of Gene Outka and other contemporary ethicists concerned with the meaning of love.

This book draws from previously unpublished letters and interviews with physicists, theologians, and Sir John’s close associates and family to present Sir John’s ideas on pure unlimited love. Post, who was in dialogue with Sir John for fifteen years on this topic and who had founded the Institute for Research on Unlimited Love, addresses how John Templeton arrived at his philosophy as a youth growing up in Tennessee. Post also shares how classical Presbyterian ideas came to synergize in his mind (...) with the more eastern influences of American transcendentalism and the Unity School of Christianity and ponders if Sir John truly believed that science and spiritualty might fully converge on the same view of Ultimate Reality with their very different ways of knowing. _Is Ultimate Reality Unlimited Love?_ presents Sir John’s hope for spiritual progress with the eventual convergence of ultimate reality and unlimited love at its very center. (shrink)

After summarizing the content of Philip Rossi’s book, The Ethical Commonwealth in History: Peace-Making as the Moral Vocation of Humanity, I pose two main questions. First, does politics or religion play a more important role in Kant’s philosophy when it comes to the task of ushering humanity to the realization of its ultimate vocation, the establishment of a lasting peace for human society? I argue that Kant portrays politics as a means to a religious end, whereas Rossi tends to reverse (...) their Kantian order of priority. Second, what concrete details does Kant give in defense of his theory that establishing an ethical community is a universal duty of humankind? As Rossi tends to overlook Kant’s details, I provide an overview. Kant argues that the ethical community can only be established in the form of a church and that the rational content constituting the core of the true church consists of four requirements: universality, integrity, freedom, and unchangeableness. After challenging Rossi’s claim that Kantian hope is necessarily social, I conclude with two minor questions: Is Kant’s theory of human nature dualist or monist? and Must the church create a political form of peace that applies to all human beings? (shrink)

Screening for asymptomatic disease is a routine aspect of contemporary public health practice. However, it is also controversial, because it leads to overdiagnosis and overtreatment, with many arguing that programmes are “ineffective,” i.e., the “costs” outweigh the “benefits.” This paper explores a more fundamental objection to screening programmes: that, even if they are effective, they are ethically impermissible because they breach the principle of non-maleficence. In so doing, it suggests a new approach to the ethics of risk, justifying a concern (...) with how policies affect individuals’ absolute ex-ante prospects. Part 1 sets up the tension between screening and non-maleficence. Part 2 introduces and motivates a novel interpretation of the non-maleficence principle, “ex-ante Do No Harm,” which resolves this tension. Part 3 defends and clarifies this principle by discussing its relationship to the ex-ante Pareto principle. Part 4 discusses the worry that risk estimates are too “subjective.”. (shrink)