The first full-scale history of cognitive science, this work addresses a central issue: What is the nature of knowledge?

The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

Many of us agree that we ought not to wrong future people, but there remains disagreement about which of our actions can wrong them. Can we wrong individuals whose lives are worth living by taking actions that result in their very existence? The problem of justifying an answer to this question has come to be known as the non-identity problem.[1] While the literature contains an array of strategies for solving the problem,[2] in this paper I will take what I call (...) the harm-based approach, and I will defend an account of harming—which I call the existence account of harming—that can vindicate this approach. -/- Roughly put, the harm-based approach holds that, by acting in ways that result in the existence of individuals whose lives are worth living, we can harm and thereby wrong those individuals. An initially plausible way to try to justify this approach is to endorse the non-comparative account of harming, which holds that an event harms an individual just in case it causes her to be in a bad state, such that the state’s badness does not derive from a comparison between that state and some alternative state that the individual would or could have been in. However, many philosophers argue that the non-comparative account of harming is inadequate,[3] and one might be tempted to infer from this that any harm-based approach to the non-identity problem will fail. My proposal, which I call the existence account of harming, will show that this inference is faulty: we can vindicate the harm-based approach without relying on the non-comparative account of harming. (shrink)

The book examines the philosophical foundations of private law, arguing that the foremost preoccupations of the law of obligations are grounded in and pervade the personal lives of individuals.

The Strange Situation procedure was developed by Ainsworth two decades agoas a means of assessing the security of infant-parent attachment. Users of the procedureclaim that it provides a way of determining whether the infant has developed species-appropriate adaptive behavior as a result of rearing in an evolutionary appropriate context, characterized by a sensitively responsive parent. Only when the parent behaves in the sensitive, species-appropriate fashion is the baby said to behave in the adaptive or secure fashion. Furthermore, when infants are (...) observed repeatedly in the Strange Situation,the pattern of behavior is said to be highly similar, and this pattern is said to predict the infants' future behavior in a diverse array of contexts. After an exhaustive review of the literature, it is shown that these popular claims are empirically unsupported in their strong form, and that the interpretations in terms of biological adaptationare misguided. There is little reliable evidence about the specific dimensions of parental behavior that affect Strange Situation behavior, although there does appear to be some relationship between these constructs. Temporal stability in security of attachment ishigh only when there is stability in family and caretaking circumstances. Likewise, patterns of Strange Situation behavior only have substantial predictive validity in similarly stable families. Implications for future research and theorizing — particularly as they relate to the use of evolutionary biology in psychological theory — are discussed. (shrink)

In a reconstruction of the theories of Freud and Klein, Sebastian Gardner asks: what causes irrationality, what must the mind be like for it to be irrational, to what extent does irrationality involve self-awareness, and what is the point of irrationality? Arguing that psychoanalytic theory provides the most penetrating answers to these questions, he rejects the widespread view of the unconscious as a 'second mind', in favour of a view of it as a source of inherently irrational desires seeking expression (...) through wish-fulfilment and phantasy. He meets scepticism about psychoanalytic explanation by exhibiting its continuity with everyday psychology. (shrink)

_ Source: _Volume 14, Issue 1, pp 73 - 87 According to action-relative accounts of harming, an action harms someone only if it makes her worse off in some respect than she would have been, had the action not been performed. Action-relative accounts can be contrasted with effect-relative accounts, which hold that an action may harm an individual in virtue of its effects on that individual, regardless of whether the individual would have been better off in the absence of the (...) action. In this paper, I argue that our judgments about the strength of the reason against harming lend support to effect-relative accounts over action-relative accounts. I first criticize Fiona Woollard’s argument for the claim that an effect-relative account of harming could ground only a weak reason against harming. I then argue for a set of three principles that can be conjoined with an effect-relative account to explain the strength of the reason against harming. (shrink)

In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective justice. I defend what I call the ‘continuity thesis’ according to which at least part of (...) the rationale for doing corrective justice is to mitigate one’s wrongs, including one’s torts. I try to show how much of the law of torts this thesis helps to explain, but also what it leaves unexplained. In the process I show (what I will discuss in a later companion paper) that ‘corrective justice’ cannot be a complete answer to the question of what tort law is for. (shrink)

Consider a duty of beneficence towards a particular individual, S, and call a reason that is grounded in that duty a “beneficence reason towards S.” Call a person who will be brought into existence by an act of procreation the “resultant person.” Is there ever a beneficence reason towards the resultant person for an agent to procreate? In this paper, I argue for such a reason by appealing to two main premises. First, we owe a pro tanto duty of beneficence (...) to future persons; and second, some of us can benefit some of those persons by procreating. In support of the first premise I reject the presentist account of time in favor of the view that future persons are just as real as presently existing persons. I then argue that future persons are like us in all the morally relevant ways, and since we owe duties of beneficence to each other, we also owe duties of beneficence to future persons. In support of the second premise I offer an account of benefiting according to which an individual can be benefited by an action even if it makes her no better off than she would have been, had the action not been performed. This account of benefiting solves what I call the “non-identity benefit problem.” Finally, I argue that having a life worth living is a benefit, and some of us can cause some persons that benefit by causing them to exist. (shrink)

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

This book collects John Gardner's celebrated essays on the theory of private law, alongside two new essays. Together they range across the central puzzles in understanding the significance of outcomes, the role of justice in private law, strict liability, the reasonable person standard, and the role of public policy in tort law.

This chapter argues that Merleau-Ponty’s account of perception should be understood, not as a theory of perception in the usual sense, but as belonging squarely to transcendental philosophy. Contra the interpretation of Phenomenology of Perception as essentially a work in the philosophy of psychology, and the associated naturalistic construal of his ideas, it is suggested that Merleau-Ponty must be seen in the light of the history of transcendental philosophy and that an original form of idealism lies at the heart of (...) his philosophical project. The transcendental turn is presupposed by Merleau-Ponty’s claims regarding perception, and his key notion of ambiguity is a transcendental descendant of Kant’s strategy of establishing idealism by way of antinomy. (shrink)

In this paper I attempt a general explanation of the role played by the reasonable person in law, especially but not only in the common law. I relate my explanation to some problems about the very nature of law, and some problems about the ideal of the rule of law.

Sometimes a theory is interpreted realistically--i.e., as literally true--whereas sometimes a theory is interpreted instrumentalistically--i.e., as merely a convenient device for summarizing, systematizing, deducing, etc., a given body of observable facts. This paper is part of a program aimed at determining the basis on which scientists decide on which of these interpretations to accept a theory. I proceed by examining one case: the nineteenth-century debates about the existence of atoms. I argue that there was a gradual transition from an instrumentalist (...) to a realistic acceptance of the atomic theory, because of gradual increases in its predictive power, the "testedness" of its hypotheses, the "determinateness" of its quantities, and because of resolutions of doubts about the acceptability of its basic explanatory concepts. (shrink)

The problem of justified harm is the problem of explaining why it is permissible to inflict harm for the sake of future benefits in some cases but not in others. In this paper I first motivate the problem by comparing a case in which a lifeguard breaks a swimmer’s arm in order to save her life to a case in which Nazis imprison a man who later grows wiser as a result of the experience. I consider other philosophers’ attempts to (...) explain why the lifeguard’s action was permissible but the Nazis’ action was not. After arguing that principles having to do with consent, expected utility, and the types of harms and benefits at issue do not fully solve the problem, I argue for a causal solution to the problem. The causal solution includes both a causal account of harming and a distinction between causes and mere conditions. It then distinguishes between the lifeguard and Nazi cases with following principle: A harmful action that causes greater benefits can sometimes be justified by those benefits, but a harmful action that does not cause greater benefits cannot be justified by any subsequent benefits that the action, itself, does not cause. (shrink)

How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist (...) simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law, Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time. (shrink)

A complete theory of harming must have both a substantive component and a formal component. The substantive component, which Victor Tadros (2014) calls the “currency” of harm, tells us what I interfere with when I harm you. The formal component, which Tadros calls the “measure” of harm, tells us how the harm to you is related to my action. In this chapter I survey the literature on both the currency and the measure of harm. I argue that the currency of (...) harm is well-being and that the measure of harming is best captured by a causal account on which harming is causing a harm. A harm for you is the presence of something intrinsically bad for you or the absence of something intrinsically good for you. Thus, although a counterfactual account of the measure of harm need not distinguish between an harm and a harmful event, the causal account reserves the term ‘harm’, not for a harmful event, but only for its effect. Finally, I show how a complete theory of harming can help us to answer questions about whether we can harm people with speech, whether we can harm the dead, and how it is possible to harm future generations. (shrink)

Socially responsible investment is a rapidly emerging phenomenon within the field of personal investment. However, the factors that lead investors to choose socially responsible investment products are not well understood, especially in an Australian context. This study provides a comparative examination of conventional and socially responsible investors, with the aim of identifying such factors. A total of 55 conventional investors and 54 ethical investors participated in the study by completing mailed questionnaires about their investment and general behaviour and their attitudes (...) and beliefs. Results indicated some important differences between socially responsible and conventional investors in their beliefs of the importance of ethical issues, their investment decision-making style, and their perceptions of moral intensity. These results support the notion that socially responsible investors differ in critical ways to conventional investors, and are discussed in terms of theoretical and practical implications. (shrink)

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

This volume, edited by a philosopher and an anthropologist, is a collection of essays on the philosophical implications of laboratory and field research. While neither the best nor the worst of the genre, it is a collection that offers a representative sample of traditional themes. As practicing scientists who view the implications of behavioural research from a somewhat different perspective we offer this critical review.

A Teacher's Manual for this book will be available online at www.temple.edu/tempress.

According to various “harm-based” approaches to the non-identity problem, an action that brings a particular child into existence can also harm that child, even if his or her life is worth living. In the third chapter of The Non-Identity Problem and the Ethics of Future People, David Boonin surveys a variety of harm-based approaches and argues that none of them are successful. In this paper I argue that his objections to these various approaches do not impugn a harm-based approach that (...) Boonin does not consider, an approach I call the “existence solution to the non-identity problem.” I also argue that the existence solution is more plausible than Boonin’s own proposed solution. (shrink)

Schelling’s 1809 Freiheitsschrift, perhaps his most widely read work, presents considerable difficulties of understanding. In this paper, I offer an interpretation of the work in relation to Kant. My focus is on the relation in each case of their theory of human freedom to their general metaphysics, a relation which both regard as essential. The argument of the paper is in sum that Schelling may be viewed as addressing and resolving a problem which faces Kant’s theory of freedom and transcendental (...) idealism, deriving from the challenge posed by Spinozism. One major innovation in Schelling’s theory of human freedom is his claim that it presupposes the reality of evil. I argue that Schelling’s thesis concerning evil also provides a key to the new and highly original metaphysics of the Freiheitsschrift. The relation of Schelling’s theory of freedom to his general metaphysics is therefore complex, for it goes in two directions: the metaphysics are not simply presupposed by the theory of freedom but are also in part derived from it. These new metaphysics also, I argue, allow Schelling to resolve a problem which his own earlier Spinozistic system had left unresolved. (shrink)

Sebastian Gardner competently tackles one of Sartre's more complex and challenging works in this new addition to the Reader's Guides series.

Recognizing the potential hidden artistic contributions of persons with dementia opens new opportunities for interpretation and potential communication. This visual essay explores the authors’ responses to the fragile objects of art produced by a person with severe dementia and examines what may be learned from them.

Kant's _Critique of Pure Reason_ is arguably the single most important work in western philosophy. The book introduces and assesses: * Kant's life and background of the _Critique of Pure Reason_ * the ideas and text of the _Critique of Pure Reason_ * the continuing relevance of Kant's work to contemporary philosophy. Ideal for anyone coming to Kant's thought for the first time. This guide will be vital reading for all students of Kant in philosophy.

Putnam and Finkelstein have proposed the abandonment of distributivity in the logic of quantum theory. This change results from defining the connectives, not truth-functionally, but in terms of a certain empirical ordering of propositions. Putnam has argued that the use of this ordering ("implication") to govern proofs resolves certain paradoxes. But his resolutions are faulty; and in any case, the paradoxes may be resolved with no changes in logic. There is therefore no reason to regard the partially ordered set of (...) propositions as a logic--i.e. as embodying a criterion for soundness of proofs. Its role in quantum theory ought to be understood in an entirely different way. (shrink)

Book description: This outstanding collection of specially commissioned chapters examines German idealism from several angles and assesses the renewed interest in the subject from a wide range of fields. Including discussions of the key representatives of German idealism such as Kant, Fichte and Hegel, it is structured in clear sections dealing with: * metaphysics * the legacy of Hegel’s philosophy * Brandom and Hegel * recognition and agency * autonomy and nature * the philosophy of German romanticism. Amongst other important (...) topics, German Idealism: Historical and Philosophical Perspectives addresses the debates surrounding the metaphysical and epistemological legacy of German idealism; its importance for understanding recent debates in moral and political thought; its appropriation in recent theories of language and the relationship between mind and world; and how German idealism affected subsequent movements such as romanticism, pragmatism, and critical theory. (shrink)

There is a long standing controversy in education as to whether education ought to be teacher- or student- centered. Interestingly, this controversy parallels the parent- vs. child-centered theoretical swings with regard to good parenting. One obvious difference between the two poles is the mode of communication. “Authoritarian” teaching and parenting strategies focus on the need of those who have much to learn to “do as they are told,” i.e. the authority talks, the child listens. “Non-authoritarian” strategies are anchored in the (...) assumption that youngsters ought to be encouraged to develop their natural interests and talents and hence that it is important to allow the children to do the talking and that adults listen. Both strategies seemed flawed due to the absence of the inherent wisdom of its opposing view. This chasm can be overcome. The Community of Inquiry, a pedagogical method used in Philosophy for Children, demands a method of communication which is able to bridge this gap. A Community of Inquiry is neither teacher-centered and controlled nor student-centered and controlled, but centered on and controlled by the demands of truth. Truth is absolutely essential to this method; it is only because of progress toward truth that participants are ultimately convinced of the fruitfulness of the process. Truth, however, is a hard taskmaster; it places severe restrictions on participants and puts exacting demands on the facilitator. These inherent restrictions and demands are too often underplayed, overlooked and sometimes seemingly overtly denied by those who, quite correctly emphasize that ultimately this method depends on maintenance and enhancement of student autonomy. This underrating of the role of the facilitator has led to a severe undervaluing of this otherwise brilliant pedagogical method, but worse, it has left novice teacher/facilitators ill prepared to utilize this method successfully. (shrink)

Patients have received experimental pharmaceuticals outside of clinical trials for decades. There are no industry-wide best practices, and many companies that have granted compassionate use, or ‘preapproval’, access to their investigational products have done so without fanfare and without divulging the process or grounds on which decisions were made. The number of compassionate use requests has increased over time. Driving the demand are new treatments for serious unmet medical needs; patient advocacy groups pressing for access to emerging treatments; internet platforms (...) enabling broad awareness of compelling cases or novel drugs and a lack of trust among some that the pharmaceutical industry and/or the FDA have patients’ best interests in mind. High-profile cases in the media have highlighted the gap between patient expectations for compassionate use and company utilisation of fair processes to adjudicate requests. With many pharmaceutical manufacturers, patient groups, healthcare providers and policy analysts unhappy with the inequities of the status quo, fairer and more ethical management of compassionate use requests was needed. This paper reports on a novel collaboration between a pharmaceutical company and an academic medical ethics department that led to the formation of the Compassionate Use Advisory Committee. Comprising medical experts, bioethicists and patient representatives, CompAC established an ethical framework for the allocation of a scarce investigational oncology agent to single patients requesting non-trial access. This is the first account of how the committee was formed and how it built an ethical framework and put it into practice. (shrink)

Deep brain stimulation (DBS) is an effective treatment for the debilitating motor symptoms of Parkinson’s disease and other neurological disorders. However, clinicians and commentators have noted that DBS recipients have not necessarily experienced the improvements in quality of life that would be expected, due in large part to what have been described as the ‘psychosocial’ impacts of DBS. The premise of this paper is that, in order to realise the full potential of DBS and similar interventions, clinical services need to (...) be arranged in such a way that these psychosocial dimensions are recognised and managed. Our starting point is that the psychosocial effects of DBS ‘in the field’ present us with analytically-useful disruptions: they disturb and foreground deeply held assumptions relating to the individual, health and its treatment, and which in a crude form manifest as the myth of technological solutionism within health care. Drawing on scholarship in medical sociology and science and technology studies (STS), we argue that DBS brings to the fore the relational dimensions of personhood, and demonstrates the emotional and social turmoil that can result if the relational dimensions of personhood are ignored by clinical services. In light of this, we argue that DBS should be implemented within a regime of care. Drawing on ethnographic research of a paediatric DBS clinical service, we provide an example of a regime of care, and conclude by reflecting on what other DBS services might learn from this paediatric service. (shrink)

This paper tackles three common misconceptions about responsibility. The first misconception is that it is against our interests to be responsible for our actions. The second is that our responsibility for our actions is fixed at the time when we act. The third is that we can only be responsible to someone in particular, not responsible full stop. The three misconceptions turn out to be related, and disabusing ourselves of them helps us to rediscover the most fundamental point of the (...) courtroom trial. (shrink)

Daniel K. Gardner explores the major philosophical ideas of the Confucian tradition, showing the profound social and political impact it had and continues to have in China.

The _Analects_ is a compendium of the sayings of Confucius (551-479 b.c.e.), transcribed and passed down by his disciples. How it came to be transformed by Zhu Xi (1130-1200) into one of the most philosophically significant texts in the Confucian tradition is the subject of this book. Scholarly attention in China had long been devoted to the _Analects._ By the time of Zhu Xi, a rich history of commentary had grown up around it. But Zhu, claiming that the _Analects_ was (...) one of the authoritative texts in the canon and should be read before all others, gave it a still more privileged status in the tradition. He spent decades preparing an extended interlinear commentary on it. Sustained by a newer, more elaborate language of metaphysics, Zhu's commentary on the _Analects_ marked a significant shift in the philosophical orientation of Confucianism--a shift that redefined the Confucian tradition for the next eight centuries, not only in China, but in Japan and Korea well. Gardner's translations and analysis of Zhu Xi's commentary on the _Analects_ show one of China's great thinkers in an interesting and complex act of philosophical negotiation. Through an interlinear, line-by-line "dialogue" with Confucius, Zhu effected a reconciliation of the teachings of the Master, commentary by later exegetes, and contemporary philosophical concerns of Song-dynasty scholars. By comparing Zhu's reading of the _Analects_ with the earlier standard reading by He Yan (190-249), Gardner illuminates what is dramatically new in Zhu Xi's interpretation of the _Analects._ A pioneering study of Zhu Xi's reading of the _Analects,_ this book demonstrates how commentary is both informed by a text and informs future readings, and highlights the importance of interlinear commentary as a genre in Chinese philosophy. (shrink)

In this engaging volume, Daniel Gardner explains the way in which the Four Books--_Great Learning_, _Analects_, _Mencius_, and _Maintaining Perfect Balance_--have been read and understood by the Chinese since the twelfth century. Selected passages in translation are accompanied by Gardner's comments, which incorporate selections from the commentary and interpretation of the renowned Neo-Confucian thinker, Zhu Xi. This study provides an ideal introduction to the basic texts in the Confucian tradition from the twelfth through the twentieth centuries. It guides the reader (...) through Zhu Xi's influential interpretation of the Four Books, showing how Zhu, through the genre of commentary, gave new coherence and meaning to these foundational texts. Since the Four Books with Zhu Xi's commentary served as the basic textbook for Chinese schooling and the civil service examinations for more than seven hundred years, this book illustrates as well the nature of the standard Chinese educational curriculum. (shrink)

This article seeks to reframe the ethical discussion of genetic enhancement, which is the use of genetic engineering to supply a characteristic that a parent might want in a child that does not involve the treatment or prevention of disease. I consider whether it is likely that enhancement can be successfully prohibited. If genetic enhancement is feasible, it is likely that there will be demand for it because parents compete to produce able children and nations compete to accumulate human capital (...) in skilled workers. If some parents or nations begin using genetic enhancement, this will change these competitions in ways that increase the incentives for others to use it. Therefore, a ban on genetic enhancement would be unstable, because once the ban was breached by defectors the motivation of others to uphold it would weaken, making the ban liable to collapse. The argument provides a new perspective on slippery slopes to dangerous technology. Keywords: genetic enhancement, slippery slope argumentation CiteULike Connotea Del.icio.us What's this? (shrink)

The advent of formal definitions of the simplicity of a theory has important implications for model selection. But what is the best way to define simplicity? Forster and Sober ([1994]) advocate the use of Akaike's Information Criterion (AIC), a non-Bayesian formalisation of the notion of simplicity. This forms an important part of their wider attack on Bayesianism in the philosophy of science. We defend a Bayesian alternative: the simplicity of a theory is to be characterised in terms of Wallace's Minimum (...) Message Length (MML). We show that AIC is inadequate for many statistical problems where MML performs well. Whereas MML is always defined, AIC can be undefined. Whereas MML is not known ever to be statistically inconsistent, AIC can be. Even when defined and consistent, AIC performs worse than MML on small sample sizes. MML is statistically invariant under 1-to-1 re-parametrisation, thus avoiding a common criticism of Bayesian approaches. We also show that MML provides answers to many of Forster's objections to Bayesianism. Hence an important part of the attack on Bayesianism fails. (shrink)