Much has been written by many distinguished persons about the philosophical, religious and ethical considerations of doctors and their involvement with torture. What follows will not have the erudition or authority of the likes of St Augustine, Mahatma Gandi, Schopenhauer or Thomas Paine. It represents the views of a very ordinary person; a presumption defended by the submission that many very ordinary persons have been, and will be, instruments for effecting, assisting or condoning the physical or mental anguish of others. (...) As practitioners of medicine, we are particularly vulnerable, since our particular knowledge and our privileged position may be so easily abused--to the detriment of others. Those of us who practice clinical forensic medicine have even greater responsibility by virtue of our daily contact with the enforcement of law, criminal procedure, and the machinations of the judiciary. We are thus particularly well placed to monitor, encourage or discourage the occurrence of evil practices within the community. It is imperative, therefore, that the ordinary doctor should be cognisant of, and be party to, a code of conduct formulated by his peers and having reference to his obligations as a citizen, and doctor, and to his ability to manipulate human activity. Forensic physicians have further discretionary powers as arbiters in the marriage of the art and ethics of healing with the principles and practice of justice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

Tyler Burge presents a collection of his seminal essays on Gottlob Frege (1848-1925), who has a strong claim to be seen as the founder of modern analytic philosophy, and whose work remains at the centre of philosophical debate today. Truth, Thought, Reason gathers some of Burge's most influential work from the last twenty-five years, and also features important new material, including a substantial introduction and postscripts to four of the ten papers. It will be an essential resource for any historian (...) of modern philosophy, and for anyone working on philosophy of language, epistemology, or philosophical logic. (shrink)

The disconnection between the idea of nation-based citizenship and the current practices of migrants presents the opportunity to reconceptualize and redefine the idea of citizenship and thereby grasp the realities of movement. I employ Giambattista Vico's theories of universal rights and his history of civilizations to interrogate rhetorically national origins and expand on what I call a renovation of citizenship. This is a process that embraces daily practices of nation-based citizenship and encourages us to imagine new ways to express citizenship, (...) ways that comport with the realities of a mobile world, specifically the human right of freedom of movement. In formulating this renovation of citizenship based on mobility, I introduce the metaphor of stochastic citizenship to resolve the tension between the legal structures governing citizenship and the promotion of mobility as a human right. The Roma people in Europe serve as a test for stochastic citizenship. (shrink)

In Burge [Disjunctivism and perceptual psychology. Philosophical Topics 33: 1–78, 2005], I criticized several versions of disjunctivism. McDowell defends his version against my criticisms in McDowell [Tyler Burge on disjunctivism. Philosophical Explorations 13: 243–55, 2010]. He claims that my general characterization fails to apply to his view. I show that this claim fails because it overlooks two elements in my characterization. I elaborate and extend my criticisms of his disjunctivism. I criticize his positions on infallibility and indefeasibility, and reinforce my (...) earlier charges that his views on perception and epistemology are hyper-intellectualized. The central point in my rejection of his disjunctivism concerns his claim that the science of perceptual psychology is irrelevant to his disjunctivist classification of perceptual states. I hold that this claim shows lack of familiarity with the science and serious misunderstanding of it. The basic deficiency in McDowell's disjunctivism is that it, like other versions, is incompatible with well-established scientific knowledge. (shrink)

The first part of the paper focuses on the role played in thought and action by possession of the first‐person concept. It is argued that only one who possesses the I concept is in a position to fully articulate certain fundamental, a priori aspects of the concept of reason. A full understanding of the concept of reason requires being inclined to be affected or immediately motivated by reasons—to form, change or confirm beliefs or other attitudes in accordance with them—when those (...) reasons apply to one's own attitudes. The cases where rational evaluations of acts and attitudes rationally motivate immediate implementation of the evaluations to shape the acts and attitudes are distinguished from cases where they do not, by the use of the first‐person concept to mark those acts and attitudes as one's own. The second part of the paper examines asymmetries between self‐knowledge and knowledge of other minds. The usual view that self‐knowledge has an immediate and a priori warrant, whereas knowledge of others’ minds rests on observation and inference is disputed. A sketch is given of knowledge of other minds that can be non‐inferential and can rest on an intellectual, non‐perceptual entitlement. When one seemingly understands an utterance in interlocution, one is a priori prima facie entitled to suppose that it comes from a rational source, and because knowledge of other minds can be immediate and epistemically grounded in intellectual, non‐empirical entitlements, it is distinguished from self‐knowledge not by being necessarily inferential or by being necessarily grounded in perception, but by being in some known contrast with thought known as one's own. (shrink)

Cognition Through Understanding presents a selection of Tyler Burge's essays that use epistemology to illumine powers of mind. The essays focus on epistemic warrants that differ from those warrants commonly discussed in epistemology--those for ordinary empirical beliefs and for logical and mathematical beliefs. The essays center on four types of cognition warranted through understanding--self-knowledge, interlocution, reasoning, and reflection. Burge argues that by reflecting on warrants for these types of cognition, one better understands cognitive powers that are distinctive of persons, and (...) of human beings. The collection presents three previously unpublished independent essays, in addition to substantial, retrospective commentary. The retrospective commentary invites the reader to make connections that were not fully in mind when the essays were written. (shrink)

A central preoccupation of philosophy in the twentieth century was to determine constitutive conditions under which accurate (objective) empirical representation of the macrophysical environment is possible. A view that dominated attitudes on this project maintained that an individual cannot empirically represent a physical subject matter as having specific physical characteristics unless the individual can represent some constitutive conditions under which such representation is possible. The version of this view that dominated the century's second half maintained that objective empirical representation of (...) the physical environment requires the individual to be able to supplement this representation with representation of general constitutive features of objectivity. This essay criticizes instances of this version in P. F. Strawson and Quine. It maintains that all versions of the position postulate conditions on objective empirical representation that are more intellectual than are warranted. Such views leave it doubtful that animals and human infants perceptually represent elements in the physical environment. By appeal to common sense and to empirical perceptual psychology, this essay argues that unaided perception yields objective representation of the macrophysical environment. It does so in prelinguistic animals, even in animals that almost surely lack propositional attitudes. The essay concludes with explications of nondeflationary conceptions of representation and perception. It distinguishes nonperceptual sensing from perceptual representation and explicates perceptual representation as a type of objective sensory representation. Objectivity is marked by perceptual constancies. Representation is marked by a nontrivial role for veridicality conditions in explanations of the relevant states. (shrink)

The paper scrutinizes Frege's Euclideanism - his view of arithmetic and geometry as resting on a small number of self-evident axioms from which non-self-evident theorems can be proved. Frege's notions of self-evidence and axiom are discussed in some detail. Elements in Frege's position that are in apparent tension with his Euclideanism are considered - his introduction of axioms in The Basic Laws of Arithmetic through argument, his fallibilism about mathematical understanding, and his view that understanding is closely associated with inferential (...) abilities. The resolution of the tensions indicates that Frege maintained a sophisticated and challenging form of rationalism, one relevant to current epistemology and parts of the philosophy of mathematics. (shrink)

I analyze three forms of the slippery slope argument (two logical and one empirical) using two questions: 1) in the context of what kind of norms are we considering a first step on a possible slope: statute law, precedent law, positive morality, or critical morality? 2) What is meant by "If we allow this first step"? The conclusion is that the argument's greatest force is in a context of institutionalized norms, like law, whereas its importance in morality is only marginal.

Psychology and philosophy have long reflected on the role of perspective in vision. Since the dawn of modern vision science—roughly, since Helmholtz in the late 1800s—scientific explanations in vision have focused on understanding the computations that transform the sensed retinal image into percepts of the three-dimensional environment. The standard view in the science is that distal properties—viewpoint-independent properties of the environment (object shape) and viewpoint-dependent relational properties (3D orientation relative to the viewer)–are perceptually represented and that properties of the proximal (...) stimulus (in vision, the retinal image) are not. This view is woven into the nature of scientific explanation in perceptual psychology, and has guided impressive advances over the past 150 years. A recently published article suggests that in shape-perception, the standard view must be revised. It argues, on the basis of new empirical data, that a new entity—perspectival shape—should be introduced into scientific explanations of shape perception. Specifically, the article’s centrally advertised claim is that, in addition to distal shape, perspectival shape is perceived. We argue that this claim rests on a series of mistakes. Problems in experimental design entail that the article provides no empirical support for any claims regarding either perspective or the perception of shape. There are further problems in scientific reasoning and conceptual development. Detailing these criticisms and explaining how science treats these issues is meant to clarify method and theory, and to improve exchanges between the science and philosophy of perception. (shrink)

In their 2007 paper, Swierstra and Rip identify characteristic tropes and patterns of moral argumentation in the debate about the ethics of new and emerging science and technologies (or “NEST-ethics”). Taking their NEST-ethics structure as a starting point, we considered the debate about tissue engineering (TE), and argue what aspects we think ought to be a part of a rich and high-quality debate of TE. The debate surrounding TE seems to be predominantly a debate among experts. When considering the NEST-ethics (...) arguments that deal directly with technology, we can generally conclude that consequentialist arguments are by far the most prominently featured in discussions of TE. In addition, many papers discuss principles, rights and duties relevant to aspects of TE, both in a positive and in a critical sense. Justice arguments are only sporadically made, some “good life” arguments are used, others less so (such as the explicit articulation of perceived limits, or the technology as a technological fix for a social problem). Missing topics in the discussion, at least from the perspective of NEST-ethics, are second “level” arguments—those referring to techno-moral change connected to tissue engineering. Currently, the discussion about tissue engineering mostly focuses on its so-called “hard impacts”—quantifiable risks and benefits of the technology. Its “soft impacts”—effects that cannot easily be quantified, such as changes to experience, habits and perceptions, should receive more attention. (shrink)

In their 2007 paper, Swierstra and Rip identify characteristic tropes and patterns of moral argumentation in the debate about the ethics of new and emerging science and technologies (or “NEST-ethics”). Taking their NEST-ethics structure as a starting point, we considered the debate about tissue engineering (TE), and argue what aspects we think ought to be a part of a rich and high-quality debate of TE. The debate surrounding TE seems to be predominantly a debate among experts. When considering the NEST-ethics (...) arguments that deal directly with technology, we can generally conclude that consequentialist arguments are by far the most prominently featured in discussions of TE. In addition, many papers discuss principles, rights and duties relevant to aspects of TE, both in a positive and in a critical sense. Justice arguments are only sporadically made, some “good life” arguments are used, others less so (such as the explicit articulation of perceived limits, or the technology as a technological fix for a social problem). Missing topics in the discussion, at least from the perspective of NEST-ethics, are second “level” arguments—those referring to techno-moral change connected to tissue engineering. Currently, the discussion about tissue engineering mostly focuses on its so-called “hard impacts”—quantifiable risks and benefits of the technology. Its “soft impacts”—effects that cannot easily be quantified, such as changes to experience, habits and perceptions, should receive more attention. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

Cognition Through Understanding presents a selection of Tyler Burge's essays on cognition, thought, and language. The essays collected here use epistemology as a way of interpreting underlying powers of mind, and focus on four types of cognition that are warranted through understanding: self-knowledge, interlocution, reasoning, and reflection.

The view that logic is true independently of a subject matter is criticized—enlarging on Quine's criticisms and adding further ones. It is then argued apriori that full reflective understanding of logic and deductive reasoning requires substantial commitment to mathematical entities. It is emphasized that the objectively apriori connections between deductive reasoning and commitment to mathematics need not be accepted by or even comprehensible to a given deductive reasoner. The relevant connections emerged only slowly in the history of logic. But they (...) can be recognized retrospectively as implicit in logic and deductive reasoning. The paper concludes with discussion of the relevance of its main argument to Kant's question—how is apriori knowledge of a subject matter possible? (shrink)

Courses on ethics and technology have become compulsory for many students at the three Dutch technical universities during the past few years. During this time, teachers have faced a number of didactic problems, which are partly due to a growing number of students. In order to deal with these challenges, teachers in ethics at the three technical universities in the Netherlands — in Delft, Eindhoven and Twente — have developed a web-based computer program called Agora (see www.ethicsandtechnology.com). This program enables (...) students to exercise their ethical understanding and skills extensively. The program makes it possible for students to participate actively in moral reflection and reasoning, and to develop the moral competencies that are needed in their later professional practice. The developers of the program have tried to avoid two traps. Firstly, they rejected, from the outset, a cookbook style of dealing with ethical problems that applied ethics is often taken to be and, secondly, they wanted to design a flexible program that respects the student’s as well as the teacher’s creativity, and that tries to engage students in moral reflection. Agora meets these requirements. The program offers possibilities that extend beyond the requirements that are usually accepted for case-exercises in applied ethics, and that have been realised in several other computer models for teaching ethics. In this article, we describe the main considerations in the development of Agora and the features of the resulting program. (shrink)

Carey's claim that no object representations are perceptual rests on a faulty view of perception. To delineate origins of post-perceptual ( or ) representation, we need a more accurate view of perceptual representation.

Courses on ethics and technology have become compulsory for many students at the three Dutch technical universities during the past few years. During this time, teachers have faced a number of didactic problems, which are partly due to a growing number of students. In order to deal with these challenges, teachers in ethics at the three technical universities in the Netherlands — in Delft, Eindhoven and Twente — have developed a web-based computer program called Agora (see www.ethicsandtechnology.com). This program enables (...) students to exercise their ethical understanding and skills extensively. The program makes it possible for students to participate actively in moral reflection and reasoning, and to develop the moral competencies that are needed in their later professional practice. The developers of the program have tried to avoid two traps. Firstly, they rejected, from the outset, a cookbook style of dealing with ethical problems that applied ethics is often taken to be and, secondly, they wanted to design a flexible program that respects the student’s as well as the teacher’s creativity, and that tries to engage students in moral reflection. Agora meets these requirements. The program offers possibilities that extend beyond the requirements that are usually accepted for case-exercises in applied ethics, and that have been realised in several other computer models for teaching ethics. In this article, we describe the main considerations in the development of Agora and the features of the resulting program. (shrink)

Since its advent, predictive DNA testing has been perceived as a technology that may have considerable impact on the quality of people’s life. The decision whether or not to use this technology is up to the individual client. However, to enable well considered decision making both the negative as well as the positive freedom of the individual should be supported. In this paper, we argue that current professional and public discourse on predictive DNA-testing is lacking when it comes to supporting (...) positive freedom, because it is usually framed in terms of risk and risk management. We show how this ‘risk discourse’ steers thinking on the good life in a particular way. We go on to argue that empirical research into the actual deliberation and decision making processes of individuals and families may be used to enrich the environment of personal deliberation in three ways: (1) it points at a richer set of values that deliberators can take into account, (2) it acknowledges the shared nature of genes, and (3) it shows how one might frame decisions in a non-binary way. We argue that the public sharing and discussing of stories about personal deliberations offers valuable input for others who face similar choices: it fosters their positive freedom to shape their view of the good life in relation to DNA-diagnostics. We conclude by offering some suggestions as to how to realize such public sharing of personal stories. (shrink)

After a critical discussion of Putnam's early work on the analytic–synthetic distinction, this article discusses seven contributions that Putnam has made to the philosophy of language. These contributions are (1) to understanding the role of definitions in science and in ordinary discourse; (2) to recognizing the role of stereotypes in explaining meaning; (3) to acknowledging the minimal role of explicative understanding in having linguistic competence with natural kind words; (4) to distinguishing sharply between identifying natural kinds and determining their more (...) fundamental natures; (5) to exploring a division of linguistic labour – a role for social interaction in determining reference, especially of natural kind terms; (6) to establishing a broadly unified causal account of the reference of ordinary natural kind terms and scientific physical magnitude terms; and (7) to reviving a conception of scientific language that allows for trans-theoretical reference and one sort of trans-theoretical meaning. (shrink)

Is the law good? How can it be improved? These questions are frequently addressed, both in traditional doctrinal research and in interdisciplinary legal research. In this article, I elaborate a general argumentative framework for justifying evaluations and recommendations for legislative reform, and I identify the chains of argument for making evaluations and recommendations. This may help researchers to make their arguments explicit and transparent, and then to justify the choices made for each of the steps in the argument. This enables (...) readers - as well as authors - to assess whether the argument’s conclusions are sound and convincing. A key problem in making these arguments concerns the choice of standards for evaluation. I suggest that they can be best understood in terms of the underlying values. In order to make all-things-considered evaluations and normative recommendations, interdisciplinary cooperation between doctrinal, socio-legal, and legal-philosophical researchers is necessary. Therefore, individual researchers will usually have to settle for pro tanto evaluations and recommendations. (shrink)

This paper starts from the presupposition that moral codes often do not suffice to make agents understand their moral responsibility. We will illustrate this statement with a concrete example of engineers who design a truck’s trailer and who do not think traffic safety is part of their responsibility. This opinion clashes with a common supposition that designers in fact should do all that is in their power to ensure safety in traffic. In our opinion this shows the need for a (...) moral philosophy that helps engineers to interpret their responsibility and think more critically about it. For this purpose we will explore the moral philosophy of Alasdair MacIntyre, which is particularly interesting because he locates the beginning of moral thinking in the daily practice of a profession. This is consistent with the history of moral codes, for codes are also the product of moral reflection by professionals. We will use MacIntyre’s philosophy to (1) explain what is wrong with the designers’ understanding of their responsibility and (2) show a possible way to bring their reflection to a more self-critical level. We will also inspect MacIntyre’s proposal critically. (shrink)

This paper starts from the presupposition that moral codes often do not suffice to make agents understand their moral responsibility. We will illustrate this statement with a concrete example of engineers who design a truck’s trailer and who do not think traffic safety is part of their responsibility. This opinion clashes with a common supposition that designers in fact should do all that is in their power to ensure safety in traffic. In our opinion this shows the need for a (...) moral philosophy that helps engineers to interpret their responsibility and think more critically about it. For this purpose we will explore the moral philosophy of Alasdair MacIntyre, which is particularly interesting because he locates the beginning of moral thinking in the daily practice of a profession. This is consistent with the history of moral codes, for codes are also the product of moral reflection by professionals. We will use MacIntyre’s philosophy to (1) explain what is wrong with the designers’ understanding of their responsibility and (2) show a possible way to bring their reflection to a more self-critical level. We will also inspect MacIntyre’s proposal critically. (shrink)

Does a proper understanding of the role of philosophical inquiry and its re- lation to scientific inquiry entail that we should replace conceptual analysis with another methodology? Brian Leiter supports that conclusion by offer- ing a methodological criticism of recent analytical legal philosophy. I argue that Leiter’s proposal for breaking the deadlock of the Hart/Raz debate by supporting an exclusivist account of the rule of recognition on the grounds of its social-scientific utility leads to an unduly narrow conception of the (...) rel- evant features of a legal system.Resumen:¿Acaso una comprensión apropiada del papel del quehacer filosófico y su relación con la investigación científica implica que deberíamos reemplazar el análisis conceptual por alguna otra metodología? Brian Leiter responde que sí al ofrecer una crítica metodológica a la filosofía del derecho analítica reciente. El autor sostiene que la propuesta de Leiter para destrabar el debate Hart/Raz, consistente en apoyar una versión excluyente de la regla de reconocimiento sobre la base de su utilidad socio-científica, nos dirige hacia una concepción sumamente estrecha de las características relevantes de un sistema jurídico. (shrink)

A revision of the author's thesis, Universitèat des Saarlandes, Saarbrèucken, 1973.

Als Verfasser der 1939 unter dem Pseudonym „Lucien Valdor" erschienenen Schrift „Le chrétien devant le racisme" gilt in französischen Bibliotheken und in den Werken einiger namhafter Wissenschaftler Romano Guardini. Der Beitrag weist im ersten Teil nach, dass der Autor des Buches, das die nationalsozialistische Rassenlehre aus christlicher Sicht entschieden zurückweist, in Wirklichkeit jedoch der Jesuitenpater Pierre Lorson, ein gebürtiger Deutscher, war. Der zweite Teil dokumentiert die deutsch-französische Vermittlertätigkeit Pater Lorsons. Die Übersetzung von Guardinis Werk „Der Herr", die er während des (...) Zweiten Weltkriegs anfertigte , wurde in Frankreich mehrfach aufgelegt . Außerdem präsentierte der Jesuit, ein engagierter Repräsentant der Pax Christi, den französischen Lesern im Jahre 1948 einen Vortrag Guardinis an der Sorbonne zur Friedensidee .The book „Le chrétien devant le racisme" that emphatically rejects the National Socialist ideology of racism from the Christian viewpoint was published under a pseudonym, "Lucien Valdor", in 1939. French libraries and distinguished scholars like Henri de Lubac attribute it to Romano Guardini. In the first part of the present contribution, however, the Jesuit father Pierre Lorson who was of German origin is identified as the true author. The second part reports on father Lorson's role as a German-French mediator. His translation of Guardini's book "Der Herr" , prepared during World War II, was published in 1946 und reprinted in France several times . Moreover, in 1948 this Jesuit who was a committed advocate of the Pax Christi Movement presented the French readership to a lecture on the idea of peace held by Guardini at the Sorbonne. (shrink)

Newborn screening consists of taking a few drops of blood from a baby's heel in the first week of life and testing it for a list of disorders. In the United States and most countries in Europe, newborn screening programs began in the 1960s and 1970s with screening for phenylketonuria (PKU), a rare metabolic disease that causes severe and irreversible mental retardation unless treated before problems arise. As knowledge about rare diseases expanded and new screening technologies were introduced—such as the (...) tandem mass spectrometer and high‐performance liquid chromatography—the same blood sample could be used to test for a whole list of disorders. In general, screening programs in most countries have tended to expand, but in different countries they have expanded in different ways. Regulation also varies. In some states, screening is mandatory, whereas in others—Wyoming and Maryland—parents are asked for their informed consent. Germany and France have adopted an explicit informed consent procedure, whereas other European countries have a more informal “opt‐out” procedure that does not require signing an informed consent form. Whether newborn screening requires informed consent is an ongoing issue in bioethics. In this article, we will focus on the tension between informed consent and the problem of compliance in newborn screening. Asking for informed consent—allowing parents to opt out—is often thought to pose a threat to compliance. Building on the work of Onora O'Neill on informed consent and trust, however, as well as on work she coauthored with Neil Manson, we will argue that informed consent procedures may actually help maintain trust in newborn screening and may therefore support compliance. (shrink)

Toen onze grootouders als huilende baby’s ter wereld kwamen telde de vroedvrouw hun vingers en tenen om hun gezondheid te bepalen. Tegenwoordig wordt daarvoor een breed scala aan technieken ingezet, bijvoorbeeld om het bloed te screenen dat een paar dagen na de geboorte wordt afgenomen uit de hiel van een kind. Dit is de zogenaamde hielprik, ofwel de neonatale screening. De technieken die worden gebruikt om babybloed te analyseren hebben de afgelopen veertig jaar gezorgd voor verschuivingen in de visie op (...) wat ‘ziekte’ is en wat ‘gezondheid’. En naar alle waarschijnlijkheid gaan die betekenissen de komende tien jaar opnieuw veranderen, wanneer het goedkoper en effectiever wordt om het hele genoom van een kind bij de geboorte te analyseren dan om de huidige screeningsmethoden te blijven gebruiken. Hoe beïnvloeden deze ontwikkelingen onze visie op wat het betekent om een gezond kind te krijgen? En kunnen ouders in de toekomst ooit nog vol vertrouwen zeggen: ‘Ons kind blaakt van gezondheid’? (shrink)

Since its advent, predictive DNA testing has been perceived as a technology that may have considerable impact on the quality of people’s life. The decision whether or not to use this technology is up to the individual client. However, to enable well considered decision making both the negative as well as the positive freedom of the individual should be supported. In this paper, we argue that current professional and public discourse on predictive DNA-testing is lacking when it comes to supporting (...) positive freedom, because it is usually framed in terms of risk and risk management. We show how this ‘risk discourse’ steers thinking on the good life in a particular way. We go on to argue that empirical research into the actual deliberation and decision making processes of individuals and families may be used to enrich the environment of personal deliberation in three ways: (1) it points at a richer set of values that deliberators can take into account, (2) it acknowledges the shared nature of genes, and (3) it shows how one might frame decisions in a non-binary way. We argue that the public sharing and discussing of stories about personal deliberations offers valuable input for others who face similar choices: it fosters their positive freedom to shape their view of the good life in relation to DNA-diagnostics. We conclude by offering some suggestions as to how to realize such public sharing of personal stories. (shrink)

The current research examines the emergent literature of Critical Data Studies, and particularly aligns with Michael and Lupton’s (2016) manifesto calling for researchers to study the Public Understanding of Big Data. The aim of this paper is to explore Irish stakeholders’ narratives on data sharing in agriculture, and the ways in which their attitudes towards different data sharing governance models reflect their understandings of data, the impact that data hold in their lives and in the farming sector, as well as (...) their preferences for how data should be governed within agriculture. Seven focus groups were held in 2019 with Irish stakeholders from a variety of backgrounds, including agri-researchers, those working in SMEs, and farmers of varying ages and sectors. The primary activities carried out during these focus groups centred upon asking participants to discuss four different data sharing governance models, and to work their way through a set of value cards relating to these models. Focus group results are studied using an inductive, data-driven form of thematic analysis (Braun and Clarke 2006). Five primary themes cross-cut these focus groups: 1) Desire for a data intermediary, 2) Reversing the value chain, 3) Categorisation of data, 4) The common good, and 5) Potential danger in data sharing. These themes are explored in the paper through a detailed discussion of the focus group results, in which the authors track the manifestation of these themes across focus groups, and the ways they sometimes morphed or changed depending upon the participating stakeholder group. (shrink)

Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to (...) contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick. "At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." —Ph. Selznick. (shrink)

A distinguished team of fourteen European philosophers addresses the current debates on internalism versus externalism in the philosophy of language and mind. The main objective of the volume is to demonstrate the philosophical significance and fruitfulness of the internalism/externalism debate on a wide range of issues, and to do so in a manner which is sophisticated yet accessible to non-specialists. The issues authors deal with include linguistic deference, interpreting classical externalist thought-experiments by Putnam and Burge, the nature of Wittgenstein's externalism, (...) apriority, intersubjective externalism, and object-dependence of thought and temporal externalism. Some of the contributors try to strike a balance between internalist and externalist position. (shrink)

The first question here is the interpretation of line 638. Burges wrote: ‘Constructio sic solvenda est: M. Parmentier in the Budé edition translates, ‘On ne souffre pas quand on n'a nul sentiment de ses maux’, likewise assuming that is doing double work. For this he compares Andromache 706 f., Electra, 383, and Orestes 393. None of these passages is in fact an example of how a negative can negative simultaneously a finite verb and a participle. But in any case, what (...) is the subject of Burges supposed that a line was lost ; Parmentier does not explain his ‘On’. (shrink)