Abstract:Recently, the idea that every hypothetical imperative must somehow be ‘backed up’ by a prior categorical imperative has gained a certain influence among Kant interpreters and ethicists influenced by Kant. Since instrumentalism is the position that holds that hypothetical imperatives can by themselves and without the aid of categorical imperatives explain all valid forms of practical reasoning, the influential idea amounts to a rejection of instrumentalism as internally incoherent. This paper argues against this prevailing view both as an (...) interpretation of Kant and as philosophical understanding of practical reason. In particular, it will be argued that many of the arguments that claim to show that hypothetical imperatives must be backed up by categorical imperatives mistakenly assume that the form of practical reasoning must itself occur as a premise within the reasoning. An alternative to this assumption will be offered. I will conclude that while instrumentalism may well be false, there is no reason to believe it is incoherent. (shrink)

There is evidence that bidders fall prey to the winner’s curse because they fail to extract information from hypothetical events—like winning an auction. This paper investigates experimentally whether bidders in a common value auction perform better when the requirements for this cognitive issue—also denoted by contingent reasoning—are relaxed, leaving all other parameters unchanged. For my underlying research question, I used a lab experiment with two stages. In stage I, the subjects participate in a non-standard common value auction, called the (...) wallet game, in which a naïve bidding strategy can lead to both winner’s curse and loser’s curse. In stage II, the subjects in the treatment group learn whether their initial bid was the winning bid or not and they get the opportunity to change this bid. In this sense, the bidders face the same decision problems as in stage I again, but the need for hypothetical thinking is reduced in stage II. The overall pattern of the data suggests that the problem of irrational over- and underbidding can be weakened by giving the subjects ex ante feedback about their bid, but unlike related studies I also find negative effects of additional information. (shrink)

Highly idealized models, such as the Hawk-Dove game, are pervasive in biological theorizing. We argue that the process and motivation that leads to the introduction of various idealizations into these models is not adequately captured by Michael Weisberg’s taxonomy of three kinds of idealization. Consequently, a fourth kind of idealization is required, which we call hypothetical pattern idealization. This kind of idealization is used to construct models that aim to be explanatory but do not aim to be explanations.

If the theory advanced below is correct, then what is the difference (I know she [Philippa Foot]] will ask) between the moral must/must not and the must/must not of etiquette or the clubhouse? Looking forward to the conclusion I shall reach, let me reply, roughly and readily, that the difference will reside not in anything formal but in the depth, spread, and felt authority of the attachments to which the moral must/must not appeals-and categorically appeals.

Kant famously distinguishes between the categorical imperative (CI) and hypothetical imperatives (HIs), which are instrumental norms. On the standard reading, Kant subscribes to the of HIs, which takes HIs to be consistency requirements that bind agents in exactly the same way whether or not agents are subject to CI and whether or not they conform their choices to CI. I argue that this reading cannot be squared with Kant's account of an agent's disposition, in particular his claim that cognition (...) of CI is a necessary condition of willing a maxim. I further argue that Kant could not accept an account of HIs as consistency requirements. Finally, I outline Kant's conception of HIs as non-disjunctive requirements that arise when and only when agents will permissible ends. This account can help recapture Kant's conception of the unity of rational norms. (shrink)

Dienes' & Perner's proposals are discussed in relation to the distinction between explicit and implicit systems of thinking. Evans and Over (1996) propose that explicit processing resources are required for hypothetical thinking, in which mental models of possible world states are constructed. Such thinking requires representations in which the individuals' propositional attitudes including relevant beliefs and goals are made fully explicit.

The role of hypothetical acts, as opposed to actual acts, has been neglected in understanding the nature of what is required by the Respect for Persons formulation of the Categorical Imperative in concrete moral relations between persons. This had led to a failure to understand fully the way and the extent to which the Categorical Imperative may be present in all such relations with others as encapsulated in an appropriate attitude towards others that may refer to hypothetical acts, (...) as well as actual acts. The result is an underestimation of the direct relevance and moral efficacy of the Categorical Imperative. (shrink)

This paper has three aims: first, to present in a clear way Newton da Costa’s argument against the necessity of logical laws. In order to do so, we need to clearly advance his views on the idea that logic is context-relative, and not known a priori. Doing so, however, requires that we present his methodology for the development of counter-examples to logical laws: the use of hypothetical models in logic. Given that this method has been overlooked in most discussions (...) on the epistemology of logic, our second goal is to present da Costa’s views on it carefully. The discussion of some tensions resulting from the relation of a system of logic and the context it governs, in da Costa’s approach, is our third goal. Basically, da Costa seems to swing between two incompatible views on such relation, requiring sometimes that a logic is dependent on a context, and in other cases, that the nature of the context is dependent on a logic. Bringing this to light may also benefit current discussions on logical relativism. (shrink)

The research described here explores the idea of using Supreme Court oral arguments as pedagogical examples in first year classes to help students learn the role of hypothetical reasoning in law. The article presents examples of patterns of reasoning with hypotheticals in appellate legal argument and in the legal classroom and a process model of hypothetical reasoning that relates them to work in cognitive science and Artificial Intelligence. The process model describes the relationships between an advocate’s proposed test (...) for deciding a case or issue, the facts of the hypothetical and of the case to be decided, and the often conflicting legal principles and policies underlying the issue. The process model of hypothetical reasoning has been partially implemented in a computerized teaching environment, LARGO (“Legal ARgument Graph Observer”) that helps students identify, analyze, and reflect on episodes of hypothetical reasoning in oral argument transcripts. Using LARGO, students reconstruct examples of hypothetical reasoning in the oral arguments by representing them in simple diagrams that focus students on the proposed test, the hypothetical challenge to the test, and the responses to the challenge. The program analyzes the diagrams and provides feedback to help students complete the diagrams and reflect on the significance of the hypothetical reasoning in the argument. The article reports the results of experiments evaluating instruction of first year law students at the University of Pittsburgh using the LARGO program as applied to Supreme Court personal jurisdiction cases. The learning results so far have been mixed. Instruction with LARGO has been shown to help law student volunteers with lower LSAT scores learn skills and knowledge regarding hypothetical reasoning better than a text-based approach, but not when the students were required to participate. On the other hand, the diagrams students produce with LARGO have been shown to have some diagnostic value, distinguishing among law students on the basis of LSAT scores, posttest performance, and years in law school. This lends support to the underlying model of hypothetical argument and suggests using LARGO as a pedagogically diagnostic tool. (shrink)

Kant has argued that moral requirements are categorical. Kant's claim has been challenged by some contemporary philosophers; this article defends Kant's doctrine. I argue that Kant's claim captures the unique feature of moral requirements. The main arguments against Kant's claim focus on one condition that a categorical imperative must meet: to be independent of desires. I argue that there is another important, but often ignored, condition that a categorical imperative must meet, and this second condition is crucial to understanding why (...) moral requirements are not hypothetical. I also argue that the claim that moral requirements are not categorical because they depend on desires for motivation is beside the point. The issue of whether moral requirements are categorical is not an issue about whether moral desires or feelings are necessary for moral motivation but are rather an issue about the ground of moral desires or moral feelings. Moral requirements are categorical because they are requirements of reason, and reason makes moral desires or feelings possible. (shrink)

This paper defends the doctrine that moral requirements are categorical in nature. My point of departure is John McDowell’s 1978 essay, “Are Moral Requirements Hypothetical Imperatives?”, in which McDowell argues, against Philippa Foot, that moral reasons are not conditional upon agents’ desires and are, in a certain sense, inescapable. After expounding McDowell’s view, exploring his idea that moral requirements “silence” other considerations and discussing its particularist ethos, I address an objection that moral reasons, as McDowell conceives them, are fundamentally (...) incomplete in ways only a full-bloodedly Kantian appeal to pure practical reason can remedy. I conclude that the objection fails: ordinary moral reasons do not stand in need of a grounding in Reason. There is no prospect of deriving them from a supreme principle of morality or other canons of rationality. Ordinary reasons are sufficient in themselves, though their significance can be elucidated and illuminated by various strategies — some broadly Aristotelian, some drawing inspiration from Kant’s formula of humanity — in ways that can strengthen and vindicate them. Notwithstanding the failure of the objection, I conclude by reflecting on how Kantian insights can yet play a significant role in a McDowellian view of moral deliberation and moral education. (shrink)

This paper examines Aristotle’s discussion of slavery, showing his description of actual slavery to be an indictment and those regarding natural slavery to be a hypothetical investigation of a separate kind. Aristotle not only precludes the inclusion of natural slaves and freepersons in a single natural kind, but also articulates such bizarre requirements for natural slaves that they ultimately cannot exist. While this reading avoids notorious difficulties associated with Aristotle’s discussion of slaves, it replaces them with impossible preconditions for (...) just slavery—so much that one must consider the possibility that Aristotle did not believe there was such a thing as “just” slavery. Was Aristotle’s otherwise acute mind blinded by the prejudices of his time? Or is this the inevitable result of “defending” the indefensible: an ad absurdum that has been ironically misunderstood and anachronistically misapplied to modern race and racism? (shrink)

In his influential 1987 essay, “Equipoise and The Ethics of Randomized Clinical Research,” Benjamin Freedman argued that Charles Fried’s theoretical equipoise requirement threatened clinical research because it was overwhelmingly fragile and rendered unethical too many randomized clinical trials. Freedman, therefore, proposed an alternative requirement, the clinical equipoise requirement, which is now considered to be the fundamental or guiding principle concerning the ethics of enrolling patients in randomized clinical trials. In this essay I argue that Freedman’s clinical equipoise (...) requirement is ambiguous and can be interpreted in (at least) two different ways. I furthermore claim that, ironically, the best interpretation of the clinical equipoise requirement opens Freedman to the same objection that he leveled against Fried twenty-five years ago; namely, that it (Freedman’s clinical equipoise requirement) renders unethical too many randomized clinical trials. (shrink)

In the present super-aging society, issues concerning what treatment should be given for incapacitated patients have become more important than ever before. This paper discusses whether or not an incapacitated patient’s refusal of treatment should be respected. The authors present a complete hypothetical scenario involving a 75-year-old moderately demented man suffering from malignant lymphoma. Of primary importance are the respect for patient dignity and the protection of human rights. Acts such as coercion, disregard, restriction, and surveillance can be unethical (...) in many situations. The effectiveness of chemotherapy for malignant lymphoma and its adverse outcomes could offset each other, leaving no net benefits for the patient. The patient is vulnerable and this very vulnerability requires the utmost protection and care. However, protection must be sensitive and comprehensive and the protection of his life at the expense of many other valuable factors is not justifiable. Coercing unwanted treatment would be intrusion, not protection, because of the physical and psychological suffering. When the refusal is explicit, consistent, and stable enough, it should to be viewed as true and current desire. Due to moderate dementia, the patient has lost his rational capacity, but his emotional capacity remains. If the remaining portion of his personality is rooted in his feelings, these feelings should be respected as much as possible. Those involved in the care of the patients who refuse treatment should not force them to undergo it simply on the grounds that it may be an established standard in their own country. What must be asked first is whether or not forced treatment would promote the patient’s subjective well-being. Additionally, treatment decisions should not be distorted due to the selfishness or discriminatory feelings of those involved in his care. In situations in which patients lack decisionmaking capacities, overriding the patients’ refusals of treatment should be regarded as an exception, rather than a standard course of action. Even in patients who are incapacitated, treatment refusal could stem from the feelings of the individual. Their subjective wellbeing would not be improved through close observation, restraint, denial, and coercion, the purpose of which they does not understand. (shrink)

Although the commentary on Aristotle’s problematic discussion of slavery is vast, his discussion of nobility receives little attention. The fragments of his dialogue On Noble Birth constitute his most extensive examination of nobility, and while their similarity to the παμβασιλεύς of the Politics has recently been recognized, their relevance to natural slavery has hitherto gone unnoticed. Yet by declaring that true nobles – particularly the god-like ἀρχηγός – preternaturally possess superhuman characteristics, Aristotle precludes their easy inclusion in the kind “human” (...) in a manner inversely mirroring the preternatural subhumanity of natural slaves. Building on recent scholarship which argues that Aristotle’s “defense” of natural slaves is better understood as an indictment, On Noble Birth becomes most coherent if read as a hypothetical investigation into what would be required for “nobility” to name something true rather than equivocal, with the conclusion that “true nobility” is an empty set. (shrink)

The Shams al-dīn al-Samarqandī who is the first scholar to adopt the method of the philosophical theology in the Hanafī-Māturīdī tradition, is an important Turkish-Islamic thinker who has proven himself in rational and transmitted sciences by giving works in various fields such as theology, logic, mathematics, astronomy, tafsir, ādāb al-bahth wa al-munāzara. Placing the science of logic at the center of his system, al-Samarqandī analyzed every opinion and evidence put forward logically and aimed to reach the truth. Divine attributes, the (...) temporality of the universe, and the God-universe relationship are at the forefront of the subjects that he aims to reach certain and real knowledge. In this respect, al-Samarqandī analyzed the ontological character of divine and universal attributes. The concept of the hypothetical existential essence plays a key role for the author, who begins by analyzing the types of quiddity. defining the concept of existential as As “that which is without any negativity in its essence and truth", al-Samarqandī, who stipulates to exist as a block and not to have any negativity in its existence, brings a unique expansion to this concept. al-Samarqandī, who defines determination as "an adjective that distinguishes the existent from all mental and external beings", claims that this concept has an existential essence. As a result of his concerns about necesarry existence, Samarqandi, who does not deny the philosophers who accept the necessary existence and determination as identical, also overcomes the problems of multiplicity and causality that may arise about God, with the concept of "hypothetical", if he considers determination as "existential". As a matter of fact, al-Samarqandī divides existence into two parts as real and hypothetical, and defines the real existence as "existing in the real sense and not based on any rational assumption"; defines hypothetical existence as "based on rational assumption". In this case, it is not possible to talk about a real multiplicity or causality. al-Samarqandī claims that the concept of necessity falls within the scope of the hypothetical existential essence. Because wujûb means “the essence necessarily necessitates existence”. It is deduced that wujûb must also be existential, since something necessitating existence must take the judgment of existence. By characterizing the concept of wujûb with hypothetical essence, in the sense of a mental formation that is immune to objective existence, he also avoids the doubt of plurality. Concerned that the regard of possibility as an existential essence may require God to be necessary per se and the universe to be eternal, theologians accepted possibility as an absent essence. al-Samarqandī states that possibility can be accepted within the scope of true non-existent or hypothetical existential essence. As a matter of fact, evaluating the possibility in this way also eliminates the possibility that God is necessary and the universe is ancient. Attributes that can be attributed to God and can create a multiplicity in His essence or that can be attributed to the universe and cause the universe to be eternal are evaluated within the scope of the concept of the hypothetical existential essence, and, the idea that God is unique and that he is the only eternal entity is based on this concept. (shrink)

This book poses the question of: what is an ideal tax system, in a utopian society?What is taxation? It is "government-required sacrifice for the general welfare" imposed on the members of society.1 This clear and simple definition allows the author to explore hypothetical tax systems of utopian communities based on their corresponding moral principles, viewing more broadly than just pecuniary taxes. This is an enlightening exercise, and in this sense the book successfully stimulates the reader's mind. As the functional (...) context of taxation as defined above can take the form of nonmonetary rules and legal requirement of society, the author studies such "constructive" taxes in utopian societies, as... (shrink)

Time Perspective (TP) is a central aspect of human daily psychological functioning, with a pronounced impact on human thoughts, feelings and behaviors. The particular TP dimensions are strongly associated with a range of various mental well-being indicators and were shown to predict as much as 40% of their variance. However, the relationship between TPs and specific mechanisms that enhance mental well-being still requires further exploration. In the present article, we conceptually analyze a potential interplay of TPs and three well confirmed (...) well-being ‘boosters’ (WBBs) – gratitude, savoring the moment, and prioritizing positivity – which may prove responsible for the vital effects of TP on mental well-being. Each of the ‘boosters’ has a clear temporal anchoring: Gratitude stems from the appreciation of the past, savoring the moment refers mainly to the experience of the present, and prioritizing positivity engages planning behaviors that require future focus. We propose four theoretical models to be verified in further experimental research. The first model, the trait-behavior model, proposes that trait-TPs increase the tendency to use particular WBBs in order to increase mental well-being. The second model, referred to as the accumulation model, offers that TPs mediate between WBBs and mental well-being, and finally, a regular practice of a specific WBB develops a specific TP (e.g. exercising a gratitude intervention enhances Past-Positive TP). The third model, the feedback loop, suggests that WBBs and TPs strengthen one another and contribute to higher mental well-being. The last model, which can be called the match-mismatch model, presents the influence of WBBs on mental well-being, where a particular TP plays a role of a moderator (e.g. Present-Hedonistic TP moderates the relationship between savoring and well-being). Implications of potential confirmation of each of the models for theory and practice are also discussed. (shrink)

The aristocratic city described in Plato's _Republic_ is a hypothetical city, as opposed to a city that exists. But in the _Republic_, Socrates and his interlocutors argue that this city is practicable, meaning, roughly, that it *could* exist. I contend that their argument for that claim is essential to their argument that the city is just. In other words, I maintain that the first argument has to succeed in order for the second argument to succeed: in order to show (...) that the city is just, Socrates and his interlocutors need to demonstrate that it is practicable or, at least, that it could be approximated closely enough by an existing city. (shrink)

Placing the future centre stage as a way of understanding cognition is gaining attention in psychology. The general modern label for this is “prospection” which refers to the process of representing and thinking about possible future states of the world. Several theorists have claimed that episodic and prospective memory, as well as hypothetical thinking (mental simulation) and conditional reasoning are necessary cognitive faculties that enable prospection. Given the limitations in current empirical efforts connecting these faculties to prospection, the aim (...) of this mini review is to argue that the findings show that they are sufficient, but not necessary for prospection. As a result, the short concluding section gives an outline of an alternative conceptualisation of prospection. The proposal is that the critical characteristics of prospection are the discovery of, and maintenance of goals via causal learning. (shrink)

Background. The events of 9/11 and the October 2002 National Intelligence Estimate on Iraq's Continuing Programs for Weapons of Mass Destruction precipitated fundamental changes within the US Intelligence Community. As part of the reform, analytic tradecraft standards were revised and codified into a policy document – Intelligence Community Directive (ICD) 203 – and an analytic ombudsman was appointed in the newly created Office for the Director of National Intelligence to ensure compliance across the intelligence community. In this paper we investigate (...) the untested assumption that the ICD203 criteria can facilitate reliable evaluations of analytic products. Method. Fifteen independent raters used a rubric based on the ICD203 criteria to assess the quality of reasoning of 64 analytical reports generated in response to hypothetical intelligence problems. We calculated the intra-class correlation coefficients for single and group-aggregated assessments. Results. Despite general training and rater calibration, the reliability of individual assessments was poor. However, aggregate ratings showed good to excellent reliability. Conclusions. Given that real problems will be more difficult and complex than our hypothetical case studies, we advise that groups of at least three raters are required to obtain reliable quality control procedures for intelligence products. Our study sets limits on assessment reliability and provides a basis for further evaluation of the predictive validity of intelligence reports generated in compliance with the tradecraft standards. (shrink)

The aim of this article is to describe the synthesis of the concept of moral stress and to attempt to identify its preconditions. Qualitative data from two independent studies on professional issues in nursing were analysed from a hypothetical-deductive approach. The findings indicate that moral stress is independent of context-given specific preconditions: (1) nurses are morally sensitive to the patient’s vulnerability; (2) nurses experience external factors preventing them from doing what is best for the patient; and (3) nurses feel (...) that they have no control over the specific situation. The findings from this analysis are supported by recent research on stress in the workplace but differ in that the imperatives directing work are moral in nature. Stress researchers have found that persons who experience that they have no control over their work situation and at the same time experience high demands may be prone to cardiovascular diseases. An important question raised by this study is whether moral stress should be recognized as a health risk in nursing. Further research is required in order to generate intervention models to prevent or deal with moral stress. (shrink)

The hypothetical conflict between self‐interest, corporate interest, and the common good is one of the hottest debated issues in business ethics. This article focuses on a particular corporate social responsibility approach within the field of sustainable (project) finance, which has the potential—given that certain reform measures are adopted—to overcome the alleged trade‐off between self‐interest and the common good. The approach is labeled as the Equator Principles (EPs) framework, which celebrated its tenth anniversary and the formal launch of the third (...) generation of the EPs (EP III) in 2013. The article shows how companies can theoretically be both profitable and socio‐environmentally responsible by adhering to the EPs. The article proceeds as follows: Before moving on to the EPs, section 2 defines the key terms self‐interest and common good. Section 3 then analyzes the EPs from a business ethics perspective. Section 4 shows how the EPs can help in solving the potential trade‐off between self‐interest and the common good—provided that the EPs are substantially revised. These required reform steps are discussed in section 5. The article ends with a summary of the main findings. (shrink)

When we discuss normative reasons, oughts, requirements of rationality, hypothetical imperatives (or “anankastic conditionals”), motivating reasons and so on, we often use verbs like “believe” and “want” to capture a relevant subject’s perspective. According to the received view about sentences involving these verbs, what they do is describe the subject’s mental states. Many puzzles concerning normative discourse have to do with the role that mental states consequently appear to play in this discourse. This book uses tools from formal semantics (...) and the philosophy of language to develop an alternative account of sentences involving these verbs. According to this view, which is called parentheticalism (in honour of J. O. Urmson), we very commonly use these verbs in a parenthetical sense. Used with this sense, these verbs themselves express backgrounded side-remarks on the contents they embed, and these latter, embedded contents constitute the at-issue contents of our utterances. This means that instead of speaking about the subject’s mental states, we often use sentences involving “believe” and “want” to speak about the world in a way that, in the conversational background, relates our utterances to her point of view. This idea is made precise, and it is used to solve various puzzles concerning normative discourse. The final result is a new, unified understanding of normative discourse, which gets by without postulating conceptual breaks between objective and subjective normative reasons, or normative reasons and rationality, or indeed between the reasons we ascribe to an agent and the reasons she herself can be expected to cite. Instead of being connected to either subjective mental states or objective facts, all of these normative statuses can be adequately articulated by citing worldly considerations from the subject’s point of view. (shrink)

The hypothetical scenarios generally known as trolley problems have become widespread in recent moral philosophy. They invariably require an agent to choose one of a strictly limited number of options, all of them bad. Although they don’t always involve trolleys / trams, and are used to make a wide variety of points, what makes it justified to speak of a distinctive “trolley method” is the characteristic assumption that the intuitive reactions that all these artificial situations elicit constitute an appropriate (...) guide to real-life moral reasoning. I dispute this assumption by arguing that trolley cases inevitably constrain the supposed rescuers into behaving in ways that clearly deviate from psychologically healthy, and morally defensible, human behavior. Through this focus on a generally overlooked aspect of trolley theorizing – namely, the highly impoverished role invariably allotted to the would-be rescuer in these scenarios – I aim to challenge the complacent twin assumptions of advocates of the trolley method that this approach to moral reasoning has practical value, and is in any case innocuous. Neither assumption is true. (shrink)

Perfectionism is an underexplored tradition, perhaps because of doubts about the grounds, content, and implications of perfectionist ideals. Aristotle, J.S. Mill, and T.H. Green are normative perfectionists, grounding perfectionist ideals in a normative conception of human nature involving personality or agency. This essay explores the prospects of normative perfectionism by examining Kant’s criticisms of the perfectionist tradition. First, Kant claims that the perfectionist can generate only hypothetical, not categorical, imperatives. But insofar as the normative perfectionist appeals to the normative (...) category of personality or agency, rather than a biological category of humanity, it can represent perfectionist demands as categorical imperatives. Second, Kant accepts a moral asymmetry in which we aim at our own perfection but at the happiness, rather than the perfection, of others. However, the importance of autonomy in normative perfection explains why the perfectionist should recognize a self/other asymmetry. Indeed, when we see how the normative perfectionist can answer Kant’s criticisms while respecting Kant’s own claims about the connection between rational nature and moral requirements, we can see the basis for a normative perfectionist interpretation of Kant’s own ethical theory. Insofar as Kantians and normative perfectionists both base ethical demands on an appeal to rational nature, they face a common worry that the appeal to rational nature is empty or incomplete. Normative perfectionists have more and less concessive responses to this worry, providing perfectionist explanations of various apparently non-perfectionist goods. Even if we end up being pluralists about the good, perfectionist elements play an important role. Finally, because the normative perfectionist, like the Kantian, grounds its ideals and requirements in a conception of persons as rational agents, it provides a promising account of the rational authority of perfectionist demands. This comparison of normative perfectionist and Kantian essentials gives us reason to take the normative perfectionist tradition seriously. (shrink)

BackgroundNational guidelines require programmes use subjective assessments of social support when determining transplant suitability, despite limited evidence linking it to outcomes. We examined how transplant providers weigh the importance of social support for kidney transplantation compared with other factors, and variation by clinical role and personal beliefs.MethodsThe National survey of the American Society of Transplant Surgeons and the Society of Transplant Social Work in 2016. Using a discrete choice approach, respondents compared two hypothetical patient profiles and selected one for (...) transplantation. Conditional logistic regression estimated the relative importance of each factor; results were stratified by clinical role and beliefs.ResultsFive hundred and eighy-four transplant providers completed the survey. Social support was the second most influential factor among transplant providers. Providers were most likely to choose a candidate who had social support, always adhered to a medical regimen, and had a 15 years life expectancy with transplant. Psychosocial providers were more influenced by adherence and quality of life compared with medical/surgical providers, who were more influenced by candidates' life expectancy with transplant. For providers concerned with avoiding organ waste, social support was the most influential factor, while it was the least influential for clinicians concerned with fairness.ConclusionsSocial support is highly influential in listing decisions and may exacerbate transplant disparities. Providers’ beliefs and reliance on social support in determining suitability vary considerably, raising concerns about transparency and justice. (shrink)

A hypothetical scenario is presented in which a female patient is admitted to a private hospital to undergo a mastectomy and breast reconstruction. The surgeons and anaesthetists conducting the different procedures charge three times the medical aid rates. When the patient asks what the co-payments are likely to be, she is informed by the doctors’ accounts section that they can only provide this information after each procedure. The patient’s medical scheme also advises her that it cannot determine the likely (...) co-payments unless she completes the assessment form sent to her. The form requires her to include the costs reflected against the relevant ICD10 codes. The patient cannot complete the form because the doctors’ accounts sections have not informed her about the proposed procedures and the likely costs of each. This article builds on a previous article discussing doctors’ overarching responsibility to disclose medical treatment costs in advance. The present article outlines the legal requirements in the South African Constitution, the National Health Act and the Health Professions Act, and refers to the Promotion of Access to Information Act and Consumer Protection Act. Similar to the earlier article, this article addresses the ethical requirements of the Health Professions Council of South Africa and the internationally recognised biomedical ethical principles. Furthermore, it also refers to the National Patients Charter, the government’s policy document on health care services. (shrink)

The results of a hypothetical experiment requiring a sequence of quantum measurements are obtained retrospectively, after the experiment has been completed, from a single reading of an “apparatus register.” The experiment is carried out reversibly and Schrödinger's equation is satisfied until the terminal reading of the register. The technique is illustrated using a feasible method of measuring photon spin as the quantum “object” observable and using the photon energy as the “apparatus register.” The technique is used to discuss the (...) “watchdog” effect, the effect of repeated measurements inhibiting quantum jumps. (shrink)

Reasonable individuals often share a rationale for a decision but, in other cases, they make the same decision based on disparate and often incompatible rationales. The social contract tradition has been divided between these two methods of solving the problem of social cooperation: must social cooperation occur in terms of common reasoning, or can individuals with different doctrines simply converge on shared institutions for their own reasons? For Hobbes, it is rational for all persons, regardless of their theological beliefs, to (...) consent to the sovereign's power. But for Locke, only Protestants with a shared theology could be party to the social contract. Rousseau thought that private reasons are not part of the general will, and in Kant's hypothetical contract, pure noumena reach common principles for the social order through the same reasoning process. In A Theory of Justice, John Rawls agreed with Rousseau and Kant: selecting the principles of justice requires modeling parties to the original position as having identical reasons. But in Political Liberalism, Rawls embraced the idea of an overlapping consensus, which accords distinct reasons justificatory force. (shrink)

An extension of the hypothetical experiment of Szilard, which involved the action of a one-molecule gas in an isolated isothermal system, is developed to illustrate how irreversibility may arise out of Brownian motion. As this development requires a consideration of nonmolecular components such as wheels and pistons, the thought-experiment is remodeled in molecular terms and appears to function as a perpetuum mobile.

_ Source: _Volume 30, Issue 1, pp 28 - 57 Hobbes considered as unambiguous and unproblematic his demonstration in _De Corpore_ that every effect past, present or future is necessary, since it always requires a sufficient cause that cannot be sufficient without being necessary, so that nothing is possible which will not be actual at some time. Now, this approach to necessity and possibility was received by his contemporary readers as missing its aim. Two immediate criticisms of _De Corpore_ by (...) Moranus and Ward exhibit from this viewpoint an interesting difference as to their common argument that only hypothetical necessity can result from Hobbes’s premises. My essay relates this argumentative difference to the absence or presence in the background of the free-will dispute between Hobbes and Bramhall. From there, I examine also different interpretations of the ‘hypothetical necessity-argument’ in the indirect critical reception of _De Corpore_, when the target is Hobbes’s necessitarianism in the controversy with Bramhall, based on significant material from his _De Corpore_ project. Remarkably, although Leibniz agrees with Bramhall that Hobbes only proves a hypothetical necessity, Leibniz’s understanding of hypothetical necessity is not that of Bramhall. Another striking difference is displayed in the use of the ‘hypothetical necessity-argument’ by More, which as it were blurs the connection of the free-will issue with Hobbes’s general doctrine of causality. (shrink)

Consider this hypothetical scenario involving a choice not to vaccinate a child. Ms. S has a niece who is autistic. The girl's parents are suspicious that there is some relationship between her autism and her Measles Mumps and Rubella vaccination. They have shared their concerns with Ms. S. She then declines to have her own daughter, Jinny S., vaccinated with the MMR vaccine. To bypass the state's mandatory vaccination requirement, Ms. S claims a state-legislated philosophical exemption, whereby she (...) simply attests to the fact that she is opposed to vaccinating her daughter due to a conscientiously held belief. At the age of four, Jinny goes on a trip by airplane to Germany with her mother. After returning to the United States, she attends daycare despite having some mild cold symptoms. Subsequently, she develops a classic measles rash, at which point her mother brings her to a pediatrician and keeps her home from daycare. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Doctors at four German hospitals have been suspended from their posts following internal investigations which alleged that they had been manipulating the organ transplant allocation system in order to help their patients get donor livers more quickly. It is alleged that doctors exaggerated the severity of their patients’ conditions so that they would be accorded higher priority for receiving organs, but there may also have been manipulation of medical records, deception of patients and potential harm to patients both within Germany (...) and across the EU. There has been significant public reaction to these events. The reported events require analysis as there may be several lessons for the UK context; doing so requires analyzing the alleged events in terms of the issues raised in a hypothetical manner. (shrink)

Despite its small stature, "if" occupies a central place both in everyday language and the philosophical lexicon. In allowing us to talk about hypothetical situations, "if" raises a host of thorny philosophical puzzles about language and logic. Addressing them requires tools from linguistics, logic, probability theory, and metaphysics. Justin Khoo uses these tools to navigate a maze of interconnected issues about conditionals, some of which include: the nature of linguistic communication, the relationship between logical and natural languages, and the (...) relationship between different kinds of modality. According to Khoo's theory, conditionals form a unified class of expressions which share a common semantic core that encodes inferential dispositions. Thus, rather than represent the world, conditionals are devices used to communicate how we are disposed to infer. Khoo shows that this theory can be extended to predict the probabilities of conditionals, as well as how different kinds of conditionals differ both semantically and pragmatically. Khoo's book will make for a significant contribution to the literature on conditionals and should be of interest to philosophers, linguists, and computer scientists. (shrink)

In this dissertation, I argue that understanding possesses unique epistemic value. I propose and defend a novel account of understanding that I call the management account of understanding, which is the view that an agent A understands a subject matter S just in case A has the ability to extract the relevant information and exploit it with the relevant cognitive capacities to answer questions in S. Since inquiry is the process of raising and answering questions, I argue that without understanding, (...) it would be impossible to engage in successful inquiry. I argue that understanding is indispensable for effective cognition and that it is irreducible to other epistemic categories, such as knowledge, justification, or rationality. Understanding is an irreducible component of epistemic excellence. In arguing for this account, I focus on the nature and requirements of cognition and pay less attention to intuitions about hypothetical cases, in contrast to previous approaches to understanding. I draw upon psychology and cognitive science, especially work on the frame problem, to demonstrate the importance (and difficulty) of finding relevant information and exploiting it in relevant ways to answer questions. One’s cognitive system must be organized in such a way that one has the ability to think the relevant thoughts in the relevant ways to answer the relevant questions. This reveals well-defined directions in which future research on understanding should move. In addition to proposing and defending the management account of understanding, I explore several features of understanding, including some interesting consequences of the management account. I argue that the management account and commonly used methods of measuring degrees of understanding imply that understanding can be based on false beliefs. I argue that the management account (and any account of understanding that implies understanding is an ability) implies that understanding can be acquired by luck. I also argue that understanding is ontologically prior to explanation: a good explanation is essentially an act that produces understanding in the relevant cognitive background. (shrink)

Some theorists on literary interpretation have suggested a connection between Monroe C. Beardsley’s anti-intentionalism and hypothetical intentionalism based on an implied author. However, a full exploration has never been attempted. I undertake this task in this paper. A close reading of Beardsley reveals that he assumes something very similar to the implied author in interpretation. I distinguish five types of fictional works in terms of their narrative mode and show that my claim stands in at least four of the (...) five types. The significance of my argument lies in exposing the above version of authorism in anti-intentionalism. -/- Beardsley is generally perceived as advocating the irrelevance of authorial intention to literary interpretation. The common interpretation of his theory is that work-meaning is generated by linguistic conventions, with intention playing no role in meaning-determination. All the interpreter needs is knowledge of public, linguistic conventions in order to recover textual meaning. -/- Nevertheless, when dealing with the problem of interpretation, Beardsley explicitly talks about attributing textual meaning to a fictional speaker. Although he does not elaborate on the nature of this speaker, clues scattered in his writings point to the striking similarity of this theoretical apparatus to an implied author. The key lies in his presumption that every fictional work must have an ultimate speaker to whom meaning inferred from the text should be attributed. This claim is almost the core of an implied author theory of interpretation. -/- A difficulty in classifying Beardsley’s view as a version of the implied author position is that his characterization of the story’s presenter might apply better to the story’s narrator than to its implied author. To test this, I examine different types of narrative modes to see whether the fictional speaker merges with the implied author in each of these scenarios. -/- The first factor to consider for classifying narrative modes is whether the narrator’s presence is explicit or implicit. The narrative scenario in which the narrator is implicit can be further divided into two sub-types: either the story is told from an omniscient viewpoint or centers on the experience of a third-person character. In either case, the story is not told by any of the characters in the story; rather, it is told by an implicit speaker whose words the work purports to be. It seems reasonable to identify this fictional speaker with the implied author, for both function as the subject to which textual meaning is attributed. -/- As for the narrative mode in which the narrator is explicit, this involves first-person narratives. In these, either the narrator is reliable or unreliable. When the narrator is unreliable, a transcendental perspective is required in determining the text’s meaning, because what is said ultimately in the work is not equivalent to what is literally said by the unreliable narrator. It follows that an implicit speaker has to be assumed and she again coincides with the implied author. -/- Where the narrator is reliable but textual meaning transcends what is literally expressed, an implicit speaker is at play again. This narrative scenario is thus better classified as a case in which the narrator’s presence is implicit. This leaves us with the narrative scenario in which the narrator is a reliable spokesperson for the implied author. -/- The identification of the narrator with the implied author in the case last mentioned is controversial. The crucial difference between them is that the former is dramatized in the story while the latter is not. I accept that the narrator here is not happily called an implied author, though I also point out several similarities between the two. -/- Finally, I discuss four complications to my argument. The first concerns multiple points of view in a story. To accommodate this kind of narrative, Beardsley could argue that an implicit narrator is needed to explain the definite meaning concealed behind what is literally said by different characters. The second complication is about the ontological status accorded to the narrator and the implied author. It might be objected that the two reside in different fictional worlds and this is what makes their merging impossible. But it is questionable whether this is a definitional feature of the implied author; moreover, the interpreter can take the implied author to be an instrumentalist concept and hence avoid talk about the ontological status of fictional entities. The third complication claims that versions of the implied author position developed by philosophers tend to be based on a contextualist ontology of literature; however, Beardsley’s account is acontextual. This is not true, for Beardsley has exhibited contextualist leanings in his writings. Finally, it has been objected that the formalist resources Beardsley has are not enough to guarantee a single right interpretation. But if Beardsley is actually a contextualist, contextual constraints will come into play and raise the chance of getting a single right interpretation. -/- The article concludes by reflecting on the significance of the misrepresentation of anti-intentionalism: it is the intention of the actual author which anti-intentionalism is against. The position in question is actually developed in an intentionalist framework based on the implied author. (shrink)

In this article, I derive a weak version of Kant's categorical imperative within an informal game-theoretic framework. More specifically, I argue that Hobbesian agents would choose what I call the weak principle of universalization, if they had to decide on a rule of conflict resolution in an idealized but empirically defensible hypothetical decision situation. The discussion clarifies (i) the rationality requirements imposed on agents, (ii) the empirical conditions assumed to warrant the conclusion, and (iii) the political institutions that are (...) necessary to implement the derived principle. The analysis demonstrates the moral significance of the weak principle of universalization and its epistemic advantage over the categorical imperative. (shrink)

This study is aimed to address the problems associated with questionnaire-based research. Twelve hypothetical cases are presented and checked for ethical validity. The problems are categorized under seven headings: Whether the participation of the subject is truly voluntary; whether consent to participate in the study has been obtained or proxy consent is required; whether consent to participate has been obtained from "authentic" participants and their privacy is protected; whether participants are fully informed before they consent to participate; whether the (...) validity of questionnaire-based research has been determined in terms of its possible harm; how the roles of the research ethics committee are defined; and what content should be presented in reports and articles. It is important that the ethics of questionnaire-based research should be reviewed with consideration to maintaining a balance between the protection of a subject's human rights and the promotion of research for the improvement of medical science and health care. (shrink)

In recent years, political legitimacy as a concept distinct from full justice has received much attention. Yet in addition to querying the specific conditions legitimacy requires, there is a more general question: What is legitimacy even about? How ought we identify and conceptualize these conditions? According to the regnant justificatory liberal (JL) approach, legitimate legal coercion is based on reasons all reasonable persons can accept and JL is explicated in terms of a hypothetical procedure. Alas, Part I explains why (...) JL is inadequate. First, I argue that it de-legitimizes all coercion. Second, it undercuts the proposition that there are certain basic rights which must be protected for legitimacy. Third, I suggest that JL structurally involves paternalism. Where should theorists turn? My perhaps surprising proposal is that they turn to the Christian Reformed (CR) tradition of social thought. As I take it, this tradition is composed of such figures as Augustine and Calvin, Abraham Kuyper and Herman Dooyeweerd, and, more recently, Francis Schaeffer. It has long theorized such issues as church-state separation and permissible coercion, and is replete with conceptual resources. Thus, Part II reconstructs an alternative legitimacy framework out of these resources. The central CR insight is this: legitimacy is a function of preventing basic wrongs. Legal coercion is only necessary "by reason of sin". I develop this insight in terms of three ideas. First, those wrongs which must prevented as conditions of legitimacy are objective wrongs, obtaining universally regardless of consent. Second, they presuppose some view of basic teleology. A teleological view is needed to elaborate contentful basic rights non-arbitrarily, but only a basic teleological view insofar as legitimacy is distinct from full justice. Third, I suggest these wrongs are fruitfully understood as constituting an exogenous standard, one that is neither the product of actual nor hypothetical self-legislation. Part III brings JL and CR legitimacy into dialogue. Understanding legitimacy in terms of objective, teleological, and exogenous wrongs, respectively, helps us avoid each of the unacceptable consequences of JL covered in Part I. Legitimacy is better conceptualized in CR terms; preventing such wrongs is what legitimacy is about. (shrink)

In the first part of the dissertation, chapters 1 to 3, I criticize several views which tend to set philosophy apart from other cognitive achievements. I argue against the popular views that 1) Intuitions, as a sui generis mental state, are involved crucially in philosophical methodology 2) Philosophy requires engagement in conceptual analysis, understood as the activity of considering thought experiments with the aim to throw light on the nature of our concepts, and 3) Much philosophical knowledge is a priori. (...) I do not claim to have a proof that nothing in the vicinity of these views is correct; such a proof might well be impossible to give. However, I consider several versions, usually prominent ones, of each of the views, and I show those versions to be defective. Quite often, moreover, different versions of the same worry apply to different versions of the same theory. In the fourth chapter I discuss the epistemology of the judgements involved in philosophical thought experiments, arguing that their justification depends on their being the product of a competence in applying the concepts involved, a competence which goes beyond the possession of the concepts. I then offer, drawing from empirical psychology, a sketch of the form this cognitive competence could take. The overall picture squares well with the conclusions of the first part. In the last chapter I consider a challenge to the use of thought experiments in contemporary analytic philosophy coming from the ‘experimental philosophy’ movement. I argue that there is no way of individuating the class of hypothetical judgements under discussion which makes the challenge both interesting and sound. Moreover, I argue that there are reasons to think that philosophers possess some sort of expertise which sets them apart from non-philosophers in relevant ways. (shrink)

Tom Regan argued that animal sports cannot be morally permissible because they are cruel and the animals do not voluntarily participate. While Regan is correct about actual animal sports, we should ask whether substantially revised animal sports could be permissible. We can imagine significant changes to certain animal sports, such as horse racing, that would avoid cruelty and even allow the animals to make their own choices. Where alternative options are freely available, we can consider the horses to have preference (...) autonomy in that they make their own decisions, and we could thereby claim that we have their hypothetical consent. Though this scenario would be sufficient to constitute permissible animal games, these activities could not amount to sports because the events would be unpredictable with the animals not following the rules in the precise way that sport requires. Therefore, permissible animal sports are not possible. (shrink)

continent. 1.2 (2011): 136-140. In early 2011, Cow Heavy Books published The Official Catalog of the Library of Potential Literature , a compendium of catalog 'blurbs' for non-existent desired or ideal texts. Along with Erinrose Mager, I edited the project, in a process that was more like curation as it mainly entailed asking a range of contemporary writers, theorists, and text-makers to send us an entry. What resulted was a creative/critical hybrid anthology, a small book in which each page opens (...) to a new iteration of textual desire. These texts explore the material possibilities of the book. Somewhat parallel to the call of N. Katherine Hayles who, in her book Writing Machines , urges literary theorists to take up the practice of Medium Specific Analysis (to account for the way the medium in which it is presented conditions or at least bears on a literary text). I see in the imagined works of The Official Catalog a call for the innovative writers of today to become Medium-Responsive. This would mean thinking through the specific (materially constrained) possibilities offered by the media in which texts are presented, and in thinking of the literary text as a kind of art in the greater context of other arts and the book as a medium situated within the context of many other media. In doing so, the contemporary writer refutes the chorus of critics who lament the death of the book by consistently reinvigorating literary innovation. The following are selections from The Official Catalog of the Library of Potential Literature that show possible paths for (thinking about) new writing that engages with its medium. —Ben Segal, Editor THE CUBE Even the most radical non-linear texts have tended to exploit or subvert only the sequential possibilities of print—from the continuous loop of Joyce's Finnegans Wake to the shuffled cards of Marc Saporta's Composition No. 1 —but The Cube takes such multiplicities to an entirely new level. Set in a grid, the book's words can be read conventionally, across the page, as well as down each column—with either route making complete grammatical sense. But they can also be read as stacked strata and mined like lexical core samples through the layered pages of the book. Each path tells the same story from a different perspective (the narrative, naturally, hinges on the potential outcomes of a throw of cubed dice). By opening up the z-axis to reading in this way, The Cube recognizes the book as a three-dimensional sculptural space. Taking its lead from Armand Schwerner's (If Personal) and Raymond Queneau's Cent mille milliards de poèmes , The Cube reads like a experiment by Christian Bök precision printed by Emily McVarish. Craig Dworkin is the editor, most recently, of The Consequence of Innovation: 21st Century Poetics (Roof Books, 2008), The Sound of Poetry/The Poetry of Sound , with Marjorie Perloff (U. Chicago Press, 2009), and Against Expression: An Anthology of Conceptual Writing , with Kenneth Goldsmith (Northwestern UP, 2010). He teaches at the University of Utah. HE GOES In He Goes , we read notes, letters and e-mails from a scholar father to his novelist daughter. We read of the father's musings on Beckett, on Pinter, on Anne Frank; his description of a woman hanging laundry from a line. We read about his journey toward dying, followed by a brief, third person account of his death, and his obituary. Then a long series of blank pages that demand to be read in real time, non-sentence by non-sentence, blank page by blank page. Finally—and it is here that this peculiar little book begins to soar—the dead father writes to his as-of-yet-still-living daughter. He does not write from death. He does not write from life. The words unprint, unstamp, unkindle. Still, they require no translation. The father "writes" (for lack of a better word) about the serendipitous, the commonplace; he recommends another book. He jokes. He asks his daughter how her stomach is. He says forget about presence in absence, darling; screw words as memorial and the guys in garbage cans and loss as redemption and I can't go on I must go on. He goes, "Love, Fodder." He goes, "incidentally." He goes, "I thought you might like to know." Elizabeth Graver is the author of a story collection, Have You Seen Me? , and three novels: Unravelling ; The Honey Thief ; and Awake . Her work has been anthologized in Best American Short Stories , Best American Essays , and Prize Stories: the O. Henry Awards . She teaches at Boston College. THE PAPER ARCHIVIST A stunning package and a triumph of imagination, The Paper Archivist at times looks to be less a book than an abstract expressionist painting. Softly bound, its contents unfold to a single sheet of uneven thickness and texture—a canvas splattered with colored lines, stickers, broken sentences, and nonsense pictographs. But by following the directions to fold, dip, smell, rub, scratch, and tear the sheet according to the contingencies of the weather and using only the objects at hand, the reader slowly brings the forces hidden in the noise into a glorious sculptural convergence, processing a different story and shape each time. This is the rare book that continues to stir, whirl, and pop on every new reading. Sean Higgins blogs at BOMBlog where he is responsible for the column Volumes and Territories, as well as Ghost Island , a fledgling collaborative intellectual collective. THE SLOW BOOK The Slow Book , written by an anonymous author at the dawn of literacy, on a minor planet (otherwise notable only as the source of that exceptionally hardy, not very tasty grain called “shef” sowed on hostile planets as an early step to colonization), and encoded into a series of punctures on a strip of copper coiled inside a clever device, something between a player piano and an old-fashioned film projector, is being released into print, as was the author’s intention, at a rate of one word per century (local time). Each word is, across the Forty Galaxies, agreed to be uncannily apt for the century in which it appears—even “of,” in a century during which the highest value was attached to fidelity, whether to ideals, worlds, or romantic love; even “the,” which governed two centuries, one extraordinarily materialistic, during which advances in propulsion and navigation accelerated the exchange of exceptional objects between the remotest planets of the Forty, and one in which the central concern, both of philosophers and the common man, was whether, in an age of rapidly proliferating hypothetical worlds, anyone or anything concretely existed at all. Even those words published long before interstellar contact can be seen in retrospect to have transgalactic pertinence. As a result, attempts to abstract the machine from its publishers, Hobson & Hui, in order to “predict the future” for insight or gain by “fast- forwarding” the copper strip have been many and ingenious. While, in centuries of skepticism (“maybe”), or of unrest (“go”) the book has been nearly forgotten, in others it seems to haunt every thought, every deed, despite the fact that the subject of The Slow Book is still unclear. So far only a few sentences exist in print; everyone knows them, can quote them, offer the standard exegeses and assorted heresies; yet certainties are the stuff of adolescence; mature readers are forced to acknowledge that these sentences are probably only a preamble to the main argument. They contain no proper nouns, nor can we identify any definite theme. There is even disagreement about their tone, whether coolly ironic, as some insist, or ardent. The appearance of an unusual grammatical case, sometimes called the future pluperfect continuous, used to describe events that at some future point will have always been true (but are not yet)—hitherto known to appear only in the synthetic dogmas of the Thanatographical Society, and in certain highly circumscribed religious contexts—has suggested to some scholars that the Slow Book was originally intended for ritual use, but the proximity of the usage to a term designating a small hand plow that, as Pott and Mielcke have convincingly shown, would have borne a distinctly obscene double meaning in its culture of origin in the author’s time, argues otherwise. It is likewise unclear whether the situation that seems to be—with teasing incompleteness—sketched out in these few lines is intended as an illustration of general principles, a case study, a dramatic scene, or an extended metaphor. In short, we have no idea what The Slow Book is about. In our own time, we believe that it is almost certainly a work of fiction, but that may be because we live in the century of “if”. In each age, perhaps, we see the book we most need to read. Some have dared to suggest that the metal strip is blank until, with millennial fanfare, it advances into its new position, that no ur-text exists, that the book itself is brought into being—written—by our need. But that is exactly the sort of thing we would believe, in 7645. Shelley Jackson is the author of the story collection The Melancholy of Anatomy , the novel Half Life , and hypertexts including Patchwork Girl . The recipient of a Howard Foundation grant, a Pushcart Prize, and the 2006 James Tiptree Jr Award, she has also written and illustrated several children's books, including The Old Woman and the Wave ; Sophia, the Alchemist's Dog ; and Mimi's Dada Catifesto . Her stories and essays have appeared in Conjunctions , McSweeney's , The Paris Review , and Cabinet Magazine . In 2004 she launched her project SKIN , a story published in tattoos on 2095 volunteers. THE BOOK OF SOUNDS The Book of Sounds is just that: a book of sounds made when letters are construed in new ways to bring forth out of the alphabet new forms of speech. A book meant to be read out loud, The Book of Sounds is not unlike Laurie Anderson's O Superman or Brian Eno's Music for Airports in its attempt to make music out of the most primary and simplest of methods. It breaks language down to its barest bones and makes out of the page a drum that has never before been beaten upon. Peter Markus is the author of a novel, Bob, or Man on Boat (Dzanc Books) as well as two books of short fiction, Good, Brother and The Singing Fish , both of which were published by Calamari Press. A new collection of stories, We Make Mud , is now available from Dzanc Books. PARADISE OF THE BLIND by Celan Solen Although the reclusive Celan Solen published his first and only book in 1963—paying out-of-pocket for a limited edition of the slim collection No One May Have the Same Knowledge Again —he remained in American obscurity for almost three decades. In 1992 a micro-press in Istanbul brought out No One in Turkish. A German translation followed in 1995. Soon it became clear in literary circles Solen was a world-class (if highly unclassifiable) artist—lyrical, dense, enigmatic—who could undo the conventional short story in 397 words by inventing impossible worlds housed in impossible whirls (in “Small Sadnesses,” a single chartreuse tree frog in Borneo unknowingly holds time together by its very presence in the universe, while each letter of its tale refers, not to itself, but to the one preceding it in the alphabet). By his disappearance last year, Solen was considered master by a generation of writers and critics (except, alas, for those gentlemen in the Swedish Academy). Imagine, then, that generation’s delight at the discovery, locked away in the author’s safe-deposit box, of his second and final composition. Had Lynch’s Lost Highway been book instead of film, and had it been penned by Beckett at his least certain, revised by Barthelme at his most formally deranged, and typeset by Derrida at his most semiotically catastrophic, the result might have been something like Paradise of the Blind : interlacing narratives of a man composed of borrowed organs (whose most cheerless and difficult to locate, god, could only have been invented by an empty heart), a nonexistent medieval painting blamed for the ruin of future hope, and the spread of a philosophy that holds earth a mistake constantly recurring in the dream of a fish lying on the floor of the Atlantic (if the fish wakes, our world winks off)—all contained in a text packed with typed-over passages, torn postcards, poems that can be deciphered only when held up to a mirror, pages ornamented with trompe-l'œil paperclips and coffee stains and buzzing houseflies, some busy with illegible runes that dissolve when exposed to light, three that smell like roses or lemons (depending on whether a man or woman is reading), two that stain with the bloody fingerprints of the those who handle them, one that ignites when brushed with breath, thirteen sewn from baby skin, one that moans when touched, and one that screams—yet all without mass, unimaginable, and invisible. Lance Olsen is author of more than 20 books of and about innovative fiction, including, most recently, the novels Calendar of Regrets (2010) and Head in Flames (2009). He teaches experimental narrative theory and practice at the University of Utah. SUPERSTRUCTURE! by Barbara D'Albi As soon as I opened the third drawer of Barbara D'Albi's wooden novel, everything became hopeless. Now in Ithaca, there was no going back. And it wasn't just the intricate series of shelves, hinged doors and locked drawers which D'Albi layered into the book, no, lo, I was constructed anew by the story. Who else but D'Albi to imagine a God who becomes a carpenter and gets killed?! And makes it good! You want stories? D'Albi is a skyscraper, built with planes and levers. Momentarily I wondered where I could shelve this book, and then I thought: no matter; I couldn't put it down. Adam Robinson lives in Baltimore, where he runs Publishing Genius. He is the author of Adam Robison and Other Poems and Say, Poem. 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Counterpossibles are counterfactuals that involve some metaphysical impossibility. Modal normativism is a non-descriptivist account of metaphysical necessity and possibility according to which modal claims, e.g. ‘necessarily, all bachelors are unmarried’, do not function as descriptive claims about the modal nature of reality but function as normative illustrations of constitutive rules and permissions that govern the use of ordinary non-modal vocabulary, e.g. ‘bachelor’. In this paper, I assume modal normativism and develop a novel account of counterpossibles and claims about metaphysical similarity (...) between possible and impossible worlds. I argue that considerations of metaphysical similarity between various impossible worlds and the actual world only require us to tacitly consider how the actual constitutive rules that govern the use of our terms change in order to accommodate the description of some hypothetical impossible scenario. I then argue for my account by raising worries for alternative epistemic and realist accounts of counterpossibles and showing how my account avoids those worries. (shrink)

Locke's, Berkeley's and Peirce's conceptions of reality are analyzed, using Peirce's distinction between nominalism and realism as a guideline. These three authors are chosen, first, because Peirce declares for realism in his 1871 review of Berkeley, and does so in opposition to both Berkeley and Locke, and, second, because Peirce's criticism of nominalism runs roughly parallel to Berkeley's criticism of Locke. It is shown that all three conceptions of reality are hypotheses, which provides the criteria to compare and evaluate them: (...) the hypothesis must be either required, or at least valuable, for explaining the origin and regularities of those ideas that are not of our own making. This leads to the following result: Locke's conception of reality also fails on both counts. Berkeley's alternative, though also not required, is explanatorily valuable, but as it appears, this results entirely from a strong presupposition that does all the explaining for him. It is further shown that his approach is based on a denial of matter that is untenable, and that it ultimately fails for the same reasons as Locke's. Peirce' s view of reality as the object of a final opinion, though not required either, can be defended as being explanatorily valuable, but needs some modification, since some things will be real but not part of the final opinion. This leads to a new conception of reality, called the hypothesis of hypothetical realism, by way of a conclusion. This hypothesis has the desired explanatory value, and is safe from the criticisms raised against the previous conceptions. (shrink)

What conception of causation is at work in the law? I argue that the law implicitly relies on a contrastive conception. In a liability case where the defendant's breach of duty must be shown to have caused the plaintiff's damages, it is not enough to consider what would have happened if the cause had not occurredthe law requires us to look to a specific replacement for the effect, which in this case is the hypothetical outcome in which the plaintiff (...) came off better. In place of I suggest the more explicit An explicitly contrastive approach can thus potentially help the lawyer phrase her causal question in a more explicit way, while shedding light on our conception of causation. (shrink)