In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...) protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy. (shrink)

Among philosophical questions about human agency, one can distinguish in a rough and ready way between those that arise in philosophy of mind and those that arise in ethics. In philosophy of mind, one central aim has been to account for the place of agents in a world whose operations are supposedly ‘physical’. In ethics, one central aim has been to account for the connexion between ethical species of normativity and the distinctive deliberative and practical capacities of human beings. Ethics (...) then is involved with questions of moral psychology whose answers admit a kind of richness in the life of human beings from which the philosophy of mind may ordinarily prescind. Philosophy of mind, insofar as it treats the phenomenon of agency as one facet of the phenomenon of mentality, has been more concerned with how there can be ‘mental causation’ than with any details of a story of human motivation or of the place of evaluative commitments within such a story. (shrink)

In this article I assess the problems and prospects of a microstructural approach to chemical substances. Saul Kripke and Hilary Putnam famously claimed that to be gold is to have atomic number 79 and to be water is to be H2O. I relate the first claim to the concept of element in the history of chemistry, arguing that the reference of element names is determined by atomic number. Compounds are more difficult: water is so complex and heterogeneous at the molecular (...) level that `water is H2O' seems false under some interpretations. I sketch a response to this problem. (shrink)

In this article I assess the problems and prospects of a microstructural approach to chemical substances. Saul Kripke and Hilary Putnam famously claimed that to be gold is to have atomic number 79 and to be water is to be H2O. I relate the first claim to the concept of element in the history of chemistry, arguing that the reference of element names is determined by atomic number. Compounds are more difficult: water is so complex and heterogeneous at the molecular (...) level that `water is H2O’ seems false under some interpretations. I sketch a response to this problem. (shrink)

Introduction -- Elucidating complexity theories -- Complexity in the natural sciences -- Complexity in social theory -- Towards transdisciplinarity -- Complexity in philosophy: complexification and the limits to knowledge -- Complexity in ethics -- Earth in the anthropocene -- Complexity and climate change -- American dreams, ecological nightmares and new visions -- Complexity and sustainability: wicked problems, gordian knots and synergistic solutions -- Conclusion.

A number of the most influential presentations of normative stakeholder theory are based upon an economic model of the firm as a nexus of contracts. In this paper I argue that the use of such a model to address moral issues is both logically and practically problematic and effectively undermines the stakeholder position. I then sketch out the key characteristics of an alternative, social relationships model of the firm, and show how this might provide a basis for the development of (...) a more relevant and robust version of normative stakeholder theory than has hitherto been proposed. (shrink)

A number of the most influential presentations of normative stakeholder theory are based upon an economic model of the firm as a nexus of contracts. In this paper I argue that the use of such a model to address moral issues is both logically and practically problematic and effectively undermines the stakeholder position. I then sketch out the key characteristics of an alternative, social relationships model of the firm, and show how this might provide a basis for the development of (...) a more relevant and robust version of normative stakeholder theory than has hitherto been proposed. (shrink)

Wherever philosophers disagree, one of the things at issue is likely to be what they disagree about, itself. In addition to asking whether moral realism is true, and which forms of moral realism are more likely to be true than others, we can also ask what it would mean for some form of moral realism to be true. The usual aspiration of such inquiry is to find definitions that all can agree on, so that we can use terms in a (...) uniform way. But we doubt that this aspiration is always possible, or even desirable. It will be our goal in this chapter to sketch out some of our reasons for such skepticism, and to lay out a picture of what philosophical inquiry can look like in metaethics and beyond, even when it is impossible to reach uniform agreement on the terms of the debate. (shrink)

ABSTRACT:The primacy of shareholder demands in the traditional theory of the firm has typically excluded marginalised stakeholder voices. However, shareholders involved in social shareholder engagement (SSE) purport to bring these voices into corporate decision-making. In response to ethical concerns about the legitimacy of SSE, we use the lens of discourse ethics to provide a normative analysis at both action and constitutional levels. By specifying three normative questions, we extend the analysis of SSE to identify a political role for shareholders in (...) pursuit of the common good. We demonstrate the desirability for SSE to promote regulatory/institutional change to guarantee marginalised stakeholders a voice in corporate decisions that affect them. The theory of SSE we propose thus calls into question the stark separation of the political and economic spheres and reveals an underlying tension, often overlooked, within the responsible investment literature. (shrink)

Arthur Fine and André Kukla have argued that realism and instrumentalism are indifferent with respect to scientific practice. I argue that this claim is ambiguous. One interpretation is that for any practice, the fact that that practice yields predictively successful theories is evidentially indifferent between scientific realism and instrumentalism. On the second construal, the claim is that for any practice, adoption of that practice by a scientist is indifferent between their being a realist or instrumentalist. I argue that there are (...) no good arguments for the indifference claim under the second interpretation, and good reasons to think that it is false. (shrink)

Interdisciplinary efforts from developmental psychology, phenomenology, and philosophy of mind, have studied the rudiments of social cognition and conceptualized distinct forms of intersubjective communication and interaction at human early life. Interaction theorists consider primary intersubjectivity a non-mentalist, pre-theoretical, non-conceptual sort of processes that ground a certain level of communication and understanding, and provide support to higher-level cognitive skills. We argue the study of human/neurorobot interaction consists in a unique opportunity to deepen understanding of underlying mechanisms in social cognition through synthetic (...) modeling, while allowing to examine a second person experiential access to intersubjectivity in embodied dyadic interaction. Concretely, we propose the study of primary intersubjectivity as a 2PP experience characterized by predictive engagement, where perception, cognition, and action are accounted for an hermeneutic circle in dyadic interaction. From our interpretation of the concept of active inference in free-energy principle theory, we propose an open-source methodology named neural robotics library for experimental human/neurorobot interaction, wherein a demonstration program named virtual Cartesian robot provides an opportunity to experience the aforementioned embodied interaction to general audiences. Lastly, through a study case, we discuss some ways human-robot primary intersubjectivity can contribute to cognitive science research, such as to the fields of developmental psychology, educational technology, and cognitive rehabilitation. (shrink)

When and why does it matter whether we can give an explicit justification for what we believe? This paper examines these questions in the light of recent empirical work on the social functions served by our capacity to reason, in particular, Mercier and Sperber’s argumentative theory of reasoning.

More than 1.5 billion students experienced disruption to education as a result of COVID-19, representing the most substantial interruption to global education in modern history. Many educational institutions transitioned to emergency remote teaching (ERT) overnight, which has presented an array of distinct challenges for educators. Using virtual interviews and an experiential approach to thematic analysis, the study examined Scottish primary teachers’ (n = 10) lived experiences of adapting to ERT practice. Findings demonstrated three main themes; ‘Meeting Learners’ Needs,’ ‘Influencing Engagement’, (...) and ‘The Impact of ERT on Teachers’. Key findings suggested that differentiating learning, engaging, and communicating with learners is more difficult during ERT than face-to-face teaching. Parental engagement is vital, however, is influenced by several mitigating factors. Finally, ERT is likely to have substantial effects on the wellbeing of those involved. Implications of these findings are considered and discussed. (shrink)

Testimony is an invaluable source of knowledge. We rely on the reports of those around us for everything from the ingredients in our food and medicine to the identity of our family members. Recent years have seen an explosion of interest in the epistemology of testimony. Despite the multitude of views offered, a single thesis is nearly universally accepted: testimonial knowledge is acquired through the process of transmission from speaker to hearer. In this book, Jennifer Lackey shows that this (...) thesis is false and, hence, that the literature on testimony has been shaped at its core by a view that is fundamentally misguided. She then defends a detailed alternative to this conception of testimony: whereas the views currently dominant focus on the epistemic status of what speakers believe, Lackey advances a theory that instead centers on what speakers say. The upshot is that, strictly speaking, we do not learn from one another's beliefs - we learn from one another's words. Once this shift in focus is in place, Lackey goes on to argue that, though positive reasons are necessary for testimonial knowledge, testimony itself is an irreducible epistemic source. This leads to the development of a theory that gives proper credence to testimony's epistemologically dual nature: both the speaker and the hearer must make a positive epistemic contribution to testimonial knowledge. The resulting view not only reveals that testimony has the capacity to generate knowledge, but it also gives appropriate weight to our nature as both socially indebted and individually rational creatures. The approach found in this book will, then, represent a radical departure from the views currently dominating the epistemology of testimony, and thus is intended to reshape our understanding of the deep and ubiquitous reliance we have on the testimony of those around us. (shrink)

Background:The public domain of midwifery practice, represented by the educational and hospital institutions could be blamed for a subconscious ethical dilemma for midwifery practitioners. The result of such tension can be seen in complaints from maternity service users of dehumanised care. When expectations are not met, women report dehumanising experiences that carry long term consequences to both them and their child.Objectives:To revisit the ethical foundation of midwifery practice to reflect the feminist Ethic of Care and reframe what is valuable to (...) women and midwives during the childbirth experience.Research Design:A comprehensive literature review is presented from the midwifery and feminist ethics discourse.Ethical Considerations:Nil to report.Findings:Women are vulnerable during childbirth as they need care, yet they prioritise elements of relationship in their experience. The Ethic of Care approach equalises the relationship between the midwife and the woman, providing the space for relationship building and allowing midwives to meet the expectations of their accepted responsibility.Discussion:Some midwives manage to balance the demands of the institution with the needs of the woman. This is described as both an emotional and professionally challenging balancing act.Conclusion:Until there is a formal acknowledgement of the different ethical approach to midwifery practice from within the profession and the Institution, midwifery identity and practice will continue to be compromised. (shrink)

Dispositionality is a modal notion of a certain sort. When an object is said to have a disposition, we typically understand this to mean that under certain circumstances, the object would behave in a certain way. For instance, a fragile object is disposed to break when dropped onto a concrete surface. It need not actually break - its being fragile has implications that, so to speak, point beyond the actual world. According to dispositionalism, all modal features of the world may (...) be accounted for in terms of its dispositional features. My aim in this paper is to assess the prospects for dispositionalism by examining the most promising theories. Sections 1 and 2 clarify the assumptions and desiderata of a successful dispositionalist theory of modality. Section 3 introduces the principles governing the dispositionalist theories that apparently meet the desiderata. Sections 4 through 6 show that dispositionalism nonetheless faces three problems: while dispositions help account for modal features of the world that are local, diachronic, or gradable, they cannot account for certain modal features of the world that are global, synchronic, or absolute. I end by discussing the costs of preserving dispositionalism. (shrink)

1. Lying -- 2. The problem of what is said -- 3. What is said -- 4. Is lying worse than merely misleading? -- 5. Some interesting cases.

Ethical codes have been hailed as an explicit vehicle for achieving more sustainable and defensible organizational practice. Nonetheless, when legal compliance and corporate governance codes are conflated, codes can be used to define organizational interests ostentatiously by stipulating norms for employee ethics. Such codes have a largely cosmetic and insurance function, acting subtly and strategically to control organizational risk management and protection. In this paper, we conduct a genealogical discourse analysis of a representative code of ethics from an international corporation (...) to understand how management frames expectations of compliance. Our contribution is to articulate the problems inherent in codes of ethics, and we make some recommendations to address these to benefit both an organization and its employees. In this way, we show how a code of ethics can provide a foundation for ethical sustainability, while addressing management intentions and employees’ ethical satisfaction. (shrink)

There is a puzzle concerning the essences of fundamental entities that arises from considerations about essence, on one hand, and fundamentality, on the other. The Essence-Dependence Link (EDL) says that if x figures in the essence of y, then y is dependent upon x. EDL is prima facie plausible in many cases, especially those involving derivative entities. But consider the property negative charge. A negatively charged object exhibits certain behaviors that a positively charged object does not: it moves away from (...) other negatively charged objects, towards positively charged objects, etc. It is commonly thought that negative charge disposes its bearer to move away from other negatively charged objects, towards positively charged objects, etc. But if negative charge is fundamental, then no other entities—including the property positive charge—can figure in its essence. We thus have a prima facie puzzle: How can we say anything interesting about the essences of fundamental entities without running afoul of EDL? In this paper, I present and discuss the consequences of EDL for the debate between causal essentialists and quidditists about properties, and propose solutions to the puzzle. (shrink)

Properties seem to play an important role in causal relations. But philosophers disagree over whether or not properties play their causal or nomic roles essentially. Causal essentialists say that they do, while quidditists deny it. This article surveys these two views, as well as views that try to find a middle ground.

In this article, we report on eight grand challenges for value sensitive design, which were developed at a one-week workshop, Value Sensitive Design: Charting the Next Decade, Lorentz Center, Leiden, The Netherlands, November 14–18, 2016. A grand challenge is a substantial problem, opportunity, or question that motives sustained research and design activity. The eight grand challenges are: Accounting for Power, Evaluating Value Sensitive Design, Framing and Prioritizing Values, Professional and Industry Appropriation, Tech policy, Values and Human Emotions, Value Sensitive Design (...) and Intelligent Algorithms, and Value Tensions. Each grand challenge consists of a discussion of its importance and a set of tractable key questions. (shrink)

Jennifer Lackey presents a ground-breaking exploration of the epistemology of groups, and its implications for group agency and responsibility. She argues that group belief and knowledge depend on what individual group members do or are capable of doing, while being subject to group-level normative requirements.

This essay explores the speech act of dogwhistling (sometimes referred to as ‘using coded language’). Dogwhistles may be overt or covert, and within each of these categories may be intentional or unintentional. Dogwhistles are a powerful form of political speech, allowing people to be manipulated in ways they would resist if the manipulation was carried outmore openly—often drawing on racist attitudes that are consciously rejected. If philosophers focus only on content expressed or otherwise consciously conveyed they may miss what is (...) most powerful and pernicious in the speech of political culture. This essay is a call to start paying attention to these more covert speech acts, and a first attempt at beginning to theorize them. It argues that dogwhistles present a complex and interesting case for the philosopher of language, and explores their implications for democratic politics. (shrink)

There is a widely accepted family of views in the epistemology of testimony centering around the claim that belief is the central item involved in a testimonial exchange. For instance, in describing the process of learning via testimony, Elizabeth Fricker provides the following: “one language-user has a belief, which gives rise to an utterance by him; as a result of observing this utterance another user of the same language, his audience, comes to share that belief.” In a similar spirit, Alvin (...) Plantinga says that “…a belief on the part of the testifiee has warrant only if that belief has warrant for the testifier.” In both of these passages, we find strands of what I shall call the Belief View of Testimony. (shrink)

A view of knowledge—what I call the "Deserving Credit View of Knowledge" —found in much of the recent epistemological literature, particularly among so-called virtue epistemologists, centres around the thesis that knowledge is something for which a subject deserves credit. Indeed, this is said to be the central difference between those true beliefs that qualify as knowledge and those that are true merely by luck—the former, unlike the latter, are achievements of the subject and are thereby creditable to her. Moreover, it (...) is often further noted that deserving credit is what explains the additional value that knowledge has over merely lucky true belief. In this paper, I argue that the general conception of knowledge found in the DCVK is fundamentally incorrect. In particular, I show that deserving credit cannot be what distinguishes knowledge from merely lucky true belief since knowledge is not something for which a subject always deserves credit. (shrink)

Philosophers of language have long recognized that in opaque contexts, such as those involving propositional attitude reports, substitution of co-referring names may not preserve truth value. For example, the name ‘Clark Kent’ cannot be substituted for ‘Superman’ in a context like:1. Lois believes that Superman can flywithout a change in truth value. In an earlier paper, Jennifer Saul demonstrated that substitution failure could also occur in ‘simple sentences’ where none of the ordinary opacity-producing conditions existed, such as:2. Superman leaps (...) more tall buildings than Clark Kent does.Accounts focusing on opacity were unable to explain our ‘anti-substitution intuitions’ in such cases.In Simple Sentences, Substitution, and Intuitions, Saul extends her earlier work. She provides a comprehensive presentation and criticism of recent accounts of simple sentence substitution failure, and proposes a new approach drawing on psychological evidence about cognitive processing. Saul's purpose is not merely to solve the substitution puzzle cases, but to make …. (shrink)

Hurley’s is a difficult book to work through—partly because of its length and the complexity of its arguments, but also because each of the ten essays of which it is composed has a rather different starting point and focus, and because few of her arguments achieve real closure. Essay 2 discusses competing interpretations of Kant, essay 4 articulates nonconceptual forms of self-consciousness, essay 5 offers fresh interpretations of commissurotomy patients’ behavior, essay 6 develops an objection to Wittgenstein on rule following, (...) essay 8 attacks an alleged assumption of externalism, and chapter 10 explores the possibility of combining a “motor theory” and a “control theory” of perception. This is a very rich brew, and at least half the challenge this book presents consists in discerning its central argument and conclusion with enough precision to bring criticism to bear. (shrink)

Testimony is a crucial source of knowledge: we are to a large extent reliant upon what others tell us. It has been the subject of much recent interest in epistemology, and this volume collects twelve original essays on the topic by some of the world's leading philosophers. It will be the starting point for future research in this fertile field. Contributors include Robert Audi, C. A. J. Coady, Elizabeth Fricker, Richard Fumerton, Sanford C. Goldberg, Peter Graham, Jennifer Lackey, Keith (...) Lehrer, Richard Moran, Frederick F. Schmitt, Ernest Sosa, and James Van Cleve. (shrink)

This essay raises new objections to the two dominant approaches to understanding the justification of group beliefs—_inflationary_ views, where groups are treated as entities that can float freely from the epistemic status of their members’ beliefs, and _deflationary_ views, where justified group belief is understood as nothing more than the aggregation of the justified beliefs of the group's members. If this essay is right, we need to look in an altogether different place for an adequate account of justified group belief. (...) From these objections emerges the skeleton of the positive view that this essay goes on to develop and defend, called the _group epistemic agent account_: groups are epistemic agents in their own right, with justified beliefs that respond to both evidence and normative requirements that arise only at the group level but that are nonetheless importantly constrained by the epistemic status of the beliefs of their individual members. (shrink)

Actualist counterpart theory replaces David Lewis’s concrete possible worlds and individuals with ersatz worlds and individuals, but retains counterpart theory about de re modality. While intuitively attractive, this view has been rejected for two main reasons: the problem of indiscernibles and the Humphrey objection. I argue that in insisting that ersatz individuals play the same role as Lewisian individuals, actualists commit the particularist fallacy. The actualist should not require stand-ins for every Lewisian individual. Ersatz individuals should instead be construed as (...) representations of actually existing qualitative ways for individuals to be, or qualitative properties individuals can instantiate. This necessitates changes elsewhere. Non-instrumental uses of Kripke semantics and standard counterpart semantics also require stand-ins for particular non-actual individuals. I argue that the actualist should instead adopt a non-standard counterpart semantics that more clearly illuminates the role that actual properties and relations play in explaining de re possibilities and necessities. The result is an intuitive and forceful reply to both the problem of indiscernibles and the Humphrey objection. (shrink)

Chemistry is the study of the structure and transformation of matter. When Aristotle founded the field in the 4th century BCE, his conceptual grasp of the nature of matter was tailored to accommodate a relatively simple range of observable phenomena. In the 21st century, chemistry has become the largest scientific discipline, producing over half a million publications a year ranging from direct empirical investigations to substantial theoretical work. However, the specialized interest in the conceptual issues arising in chemistry, hereafter Philosophy (...) of Chemistry, is a relatively recent addition to philosophy of science. Philosophy of chemistry has two major parts. In the first, conceptual issues arising within chemistry are carefully articulated and analyzed. Such questions which are internal to chemistry include the nature of substance, atomism, the chemical bond, and synthesis. In the second, traditional topics in philosophy of science such as realism, reduction, explanation, confirmation, and modeling are taken up within the context of chemistry. (shrink)