Background How often does refractory suffering, which is suffering due to symptoms that cannot be adequately controlled, occur at the end of life in modern palliative care? What are the causes of such refractory suffering? Should euthanasia be offered for refractory suffering at the end of life? We sought to shed light on these questions through interviews with palliative care specialists. Methods Semi-structured interviews with six nurses and six doctors working in palliative care in five Norwegian hospitals. Transcripts were analysed (...) with systematic text condensation, a qualitative analysis framework. Results Informants find that refractory suffering is rare, and that with palliative sedation satisfactory symptom control can nearly always be achieved at the end of life. However, the process of reaching adequate symptom control can be protracted, and there can be significant suffering in the meantime. Both somatic, psychological, social and existential factors can contribute to refractory suffering and potentiate each other. However, informants also place significant weight on factors pertaining to the organization of palliative care services as contributing to insufficient symptom control. Conclusions If refractory suffering is indeed rare, then this arguably weakens a common prima facie argument for the legalization of assisted dying. However, the process of reaching adequate symptom control can be protracted and involve significant suffering. The experiences of palliative care clinicians constitute important empirical premises for the assisted dying debate. The study points to several areas in which palliative care can be improved. (shrink)

We are women, we are men. We are refugees, single mothers, people with disabilities, and queers. We belong to social categories and they frame our actions, self-understanding, and opportunities. But what are social categories? How are they created and sustained? How does one come to belong to them? Ásta approaches these questions through analytic feminist metaphysics. Her theory of social categories centers on an answer to the question: what is it for a feature of an individual to be socially meaningful? (...) In a careful, probing investigation, she reveals how social categories are created and sustained and demonstrates their tendency to oppress through examples from current events. To this end, she offers an account of just what social construction is and how it works in a range of examples that problematize the categories of sex, gender, and race in particular. The main idea is that social categories are conferred upon people. Ásta introduces a 'conferralist' framework in order to articulate a theory of social meaning, social construction, and most importantly, of the construction of sex, gender, race, disability, and other social categories. (shrink)

We are living in times where there is considerable debate over what sex and gender are and who gets to be of what sex and what gender. These are questions that impact people’s lives greatly, some more than others. They are metaphysical questions, but they also concern what principles we should be guided by when allocating resources, services, and protections to people with potentially different needs. There are also methodological questions in the vicinity. In this essay, I draw on my (...) work in Categories We Live By (2018) to suggest a certain approach to navigating some of these thorny issues. I call this approach “ontic descent”. (shrink)

The author of Categories We Live By replies to critics Linda Martín Alcoff, Judith Butler, and Abraham Sesshu Roth.

In this chapter I offer an interpretation of Judith Butler’s metaphysics of sex and gender and situate it in the ontological landscape alongside what has long been the received view of sex and gender in the English speaking world, which owes its inspiration to the works of Simone de Beauvoir. I then offer a critique of Butler’s view, as interpreted, and subsequently an original account of sex and gender, according to which both are constructed—or conferred, as I would put it— (...) albeit in different ways and subject to different constraints. (shrink)

Social construction theorists face a certain challenge to the effect that they confuse the epistemic and the metaphysical: surely our conceptions of something are influenced by social practices, but that doesn't show that the nature of the thing in question is so influenced. In this paper I take up this challenge and offer a general framework to support the claim that a human kind is socially constructed, when this is understood as a metaphysical claim and as a part of a (...) social constructionist debunking project. I give reasons for thinking that a conferralist framework is better equipped to capture the social constructionist intuition than rival accounts of social properties, such as a constitution account and a response-dependence account, and that this framework helps to diagnose what is at stake in the debate between the social constructionists and their opponents. The conferralist framework offered here should be welcomed by social constructionists looking for firm foundations for their claims, and for anyone else interested in the debate over the social construction of human kinds. (shrink)

After the London bombings in July 2005, the concern of terrorism scholars and policy makers has turned to “home-grown” terrorism and potential for political violence from within the states. “Radicalization” became a new buzz word. This article follows a number of reviews of the literature on radicalization and offers another angle for looking at this research. First, it discusses the term “radicalization” and suggests the use of the following definition of radicalization as a process by which a person adopts belief (...) systems which justify the use of violence to effect social change and comes to actively support as well as employ violent means for political purposes. Next, it proposes to see the theories of radicalization focusing on the individual and the two dimensions of his/her motivation: whether that motivation is internal or external and whether it is due to personal choice or either internal or external compulsion. Though not all theories fall neatly within these categories, they make it possible to make comparisons of contributions from a variety of different areas thus reflecting on the interdisciplinary nature of the study of terrorism in general and radicalization as a part of it. (shrink)

This much-anticipated work is a rich and insightful collection of essays that restores women and minorities to the arena of political theory and debate.

What is social construction? This essay offers a survey of the various ways in which something could be socially constructed and then addresses briefly the questions whether social constructionism involves an untenable anti-realism and what, if anything, unifies all social construction claims.

In this article I introduce a certain kind of anti-realist account of what makes a property essential to an object and defend it against likely objections. This account, which I call a ‘conferralist’ account, shares some of the attractive features of other anti-realist accounts, such as conventionalism and expressivism, but I believe, not their respective drawbacks.

The terms ‘compatibilism’ and ‘incompatibilism’ were introduced in the mid-20th century to name conflicting views about the logical relationship between the thesis of determinism and the thesis that someone has free will. These technical terms were originally introduced within a specific research paradigm, the classical analytic paradigm. This paradigm is now in its final stages of degeneration and few free-will theorists still work within it (i.e. using its methods, granting its substantive background assumptions, etc.). This chapter discusses how the ambiguity (...) of the terms ‘incompatibilism’ and ‘compatibilism’ took root and why it matters to the contempory debate. I explain why the ambiguity of these anachronistic terms, though relatively innocuous when they were first introduced, is now encouraging theorists to tolerate and perpetuate serious philosophical errors (e.g. to conflate relations as different in kind and importance as correlation and causation, to knowingly promote invalid arguments, and to equivoate on jargon in ways that keep the free-will debate mired in psuedo-stalemates). I also suggest a new paradigm for anyone looking for relief from the confusion and deadlock created by the use of inadequate classical narratives and jargon. -/- A selection from the publication is available to download here. For full version, please gmail me, username: kristin.mickelson.42 -/- . (shrink)

Conferralism about race is a version of social constructivism about race, where the agents of construction seem to be individual agents. However, an important aspect of racism is systemic or structural, and seemingly not about the behavior of individual agents. Can conferralism account for that? In this paper, I begin to address that question by focusing on recent criticism of conferralism by Linda Martín Alcoff and Aaron Griffith.

Journal of Social Philosophy, EarlyView.

Ereignet sich anstelle von Klang oder Sprache, Musik oder Lärm lediglich Stille oder vielmehr das, was wir für Stille halten, kommt ein unerwartetes Aufmerken in Gang. Die Stille kann auffordern, genauer hinzuhören, aber auch genauer hinzusehen. Ein plötzliches Aufmerken geschieht jedoch nur, wenn die Stille den Wahrnehmenden unerwartet trifft. Einer im Alltäglichen zumeist durch die Priorität des Bewussten, Bekannten oder Vertrauten untergeordneten Stille, können Arbeiten, wie jene von Aernout Mik, eine konkrete Erfahrbarkeit geben. Was er erfahrbar werden lässt, ist aber (...) nicht die Stille, sondern das, was in der Regel überhört wird. In der Verkehrung des vermeintlich Unhörbaren in ein Hörbares zeigt sich mit der Stille ein Möglichkeitsraum, dessen Besonderheit die Autorin mit der Frage, was sich in der Erfahrung von Stille zeigt, nachgeht. Ist also von einer Stille als ästhetischem Phänomen die Rede, ist nicht eine Stille innerhalb der Rezeption genuin stiller Kunstwerke gemeint, sondern der bewusste Entzug des Auditiven. Damit widerspricht die Autorin zugleich einer Vorstellung von Stille als mess- oder bestimmbarer Grösse und stellt die Stille aus der ästhetischen Erfahrung heraus ins Zentrum ihrer Betrachtungen. (shrink)

_Phenomenological insights into health issues relating to bodily self-experience, normality and deviance, self-alienation, and objectification._.

This paper is based on the comments I gave to Alfred Mele regarding his original Zygote Argument during my presentation at a small workshop on manipulation arguments in Budapest back in 2012. After those comments, Mele changed the conclusion of his original Zygote Argument (OZA) from a positive, explanatory conclusion to a negative, non-explanatory conclusion--and, correspondingly, redefined 'incompatibilism' so that it would no longer refer in his work to the view that determinism precludes (undermines, eliminates, destroys, etc.) free will, but (...) refers narrowly to the perhaps spurious association claim that appears in the conclusion of the revised Zygote Argument (Mele 2013+). Yet, over the last decade, Mele has made no comment in print about the changes he made, the invalidity objection that led to them, nor to the fact that his revised Zygote Argument was originally presented by me as a (non-optimal) reaction to my invalidity objection to his original Zygote Argument. To my knowledge, Mele has only mentioned this 2015 paper once, at it was not in the context of understanding manipulation arguments; it was, rather, in the context of defending his revised, non-explanatory definition of 'incompatibilism' at the opening of Aspects of Agency (p. 6, n. 4). There, Mele singles out *just this 2015 paper* as a place where they'll find what Mele degrades as a type of nonstandard/nontraditional definition of 'incompatibilism' that he rejects. This is notable because Mele provides no empirical evidence that his preferred definition is standard, and most (including Lehrer, who coined the term) reject the negative, non-explanatory, association-based definition that Mele came to endorse in the aftermath of my invalidity objection to OZA. So, if Mele had a genuine concern about philosophers who use the term 'incompatibilism', then Mele could have--and should have--named almost any leading figure in free will for this purpose (since most--including Pereboom, Vihvelin, Haji, etc.) reject the non-explanatory definition that Mele-2013+ now endorses. Yet, for untold reasons, Mele isolated the working definition of 'incompatibilism' used in one paper by one unemployed junior researcher to use as his example--even though Neil Levy had used this same definition in previously published work (eg. Levy 2011). Moreover, if Mele were genuinely interested in helping his readers understand the ambiguity of terms like 'compatibilism' and 'incompatibilism' it is a mystery that he referenced a paper in which nothing of substance hung on the definitions given to these terms -- especially considering that he might have instead pointed them to my OTHER 2015 paper, "A Critique of Vihvelin's Three-Fold Classification" in which the MAIN AIM of the paper is to expose the difficulties facing anyone who wants to define the terms 'compatibilism' and 'incompatibilism' in a way that everyone will accept (including a critique of the negative, non-explanatory "incompossibilist" definition that Mele adopted after my objection to OZA). By all appearances, Mele's main aim in citing specifically THIS paper and none of my other work was to give readers the false impression that my working definition of 'incompatibilism' played some role in my charge that his argument is invalid (which it doesn't, given that the term doesn't appear in either the premises or conclusion of that argument). Mele adds to this unseemly rhetorical campaign in his book *Manipulation Agents* where he mentions an invalidity objection in the intro (p. 84) and then discusses that objection in the final lines of Chapter 5 of the book (p. 120-121). The invalidity objection discussed here is completely pedantic, has never been seriously raised in the primary literature (and was previously addressed in multiple places my multiple philosophers, including me), and has nothing whatever to do with my invalidity objection. In other words, Mele was content to discuss an invalidity objection that no one has ever had to an argument that is clearly valid while completely ignoring the ONLY substantive invalidity objection to his argument in print. This is unfortunate, because it has led to serious confusion --including the patently false description of my invalidity objection to OZA as an objection to the revised version of the Zygote Argument that Mele adopted in *response* my objection (e.g., Capes mistakenly claims "Mickelson (2015) contends that arguments like this [i.e. like the revised Zygote Argument] are invalid. But that’s because she defines “incompatibilism” differently than I’ve defined it here" in his "Manipulation Arguments and Direct Arguments" chapter in the 2023 Wiley-Blackwell Companion to Free Will; I did not say this, and the definition of 'incompatibilism' is irrelevant to my objection). In "The Zygote Argument Is Invalid--Now What?", I simply use the invalidity of the simple 2-premise Zygote Argument as a foil to make a series of more philosophically significant points (e.g. regarding the dialectical structure of the free-will debate, the role of best-explanation reasoning, and to develop the first-ever "master manipulation argument"). Mele has yet to address my reasons for calling attention to the non-trivial invalidity of his OZA or to any of my answers to the "Now What?" question in this paper, even though this question and my proposed answers to this question are the paper's main point. For those interested in a more recent discussion of how the logical and metaphilosophical observations made in this "Now What?" paper have helped to move the free-will debate forward, I suggest looking at the discussions of the "paradigm shift" in the free-will debate that helps to explain why the free-will debate has become mired in stalemates and empty verbal disputes that are found, for example, in my contributions to the Wiley-Blackwell Companion to Free Will (Intro and Chapter 4, 2023) and my paper "Free Will, Self-Creation, and the Paradox of Moral Luck" (2019). (shrink)

Supervision is widely acknowledged as influencing the quality of postgraduate theses, and thus, by implication, of postgraduates. Despite this, the literature on conducting research offers little guidance in respect of managing the supervision relationship. This paper opens a window onto the relationship - and particularly the power relationship - between a particular supervisor of postgraduate research, Howard, and his Master's student, Ray. It draws on research that explores how contemporary influences in the university domain intersect with individual agency and with (...) power relations to produce knowledge on two levels: the thesis as an extrinsic product of processes of education, and the person as an intrinsic product of processes of learning.Selections of Michel Foucault's insights are used to explore the notion of power and how it operates through rules of discourse to construct knowledge and identity. Accordingly, the research describes and tracks the functioning of two discourses pivotal to Howard and Ray's experience of supervision: anarchic educational leadership discourse, and humanistic discourse. The research on which the paper is based is constructivist, and as such it is underpinned by the assumption, or rather belief, that the discursive construction of reality is mediated by individual agency. In order to analyse how power operates between individuals, and between them and their broader educational contexts, a conceptual tool capable of accommodating manifest strategic processes - identified along a positional continuum as ‘push',' allow' and ‘pull' - was devised.The case study yields several thematic correlations in interpersonal and institutional power. These are: the significance of supervisor-student matching; links between expectations, abilities, the way participants negotiate power, and the quality of professional and pastoral care they experience; the impact of personal affinity on supervision; and the influence of ontology on thesis-as-product and person-as-product. (shrink)

Andrews argues for a pluralistic folk psychology that employs different kinds of practices and different kinds of cognitive tools (including personality trait attribution, stereotype activation, inductive reasoning about past behavior, and ...

*As mentioned in Peter Coy's NYT essay "When Being Good Is Just a Matter of Being Lucky" (2023) -/- ----- -/- How is the problem of free will related to the problem of moral luck? In this essay, I answer that question and outline a new solution to the paradox of moral luck, the source-paradox solution. This solution both explains why the paradox arises and why moral luck does not exist. To make my case, I highlight a few key connections (...) between the paradox of moral luck and two related problems, namely the problem of free will and determinism and the paradox of self-creation. Piecing together intuitions, arguments, and insights from recent work on each of these three problems, I argue that the type of control necessary for moral responsibility can only be had by someone who is a genuine source of his own actions, but the relevant notion of sourcehood admits no coherent characterization. If our commonsense view of moral responsibility is incoherent, it is unsurprising that our commitment to the existence of morally responsible agents commits us to some paradoxical things—e.g. to both the existence and impossibility of moral luck. For more information about this article, please write to gmail account: kristin.mickelson.42. (shrink)

Realist essentialists face a prima facie challenge in accounting for our knowledge of the essences of things, and in particular, in justifying our engaging in thought experiments to gain such knowledge. In contrast, conferralist essentialism has an attractive story to tell about how we gain knowledge of the essences of things, and how thought experiments are a justified method for gaining such knowledge. The conferralist story is told in this essay.

The present study investigates how laughter features in the everyday lives of 3-5-year old children in Swedish preschools. It examines and discusses typical laughter patterns and their functions with a particular focus on children’s and intergenerational (child-adult/educator) laughter in early education context. The research questions concern: who laughs with whom; how do adults respond to children’s laughter, and what characterizes the social situations in which laughter is used and reciprocated. Theoretically, the study answers the call for sociocultural approaches that contextualize (...) children’s everyday social interaction, e.g., in different institutions or homes, to study the diverse conditions society forms for learning, sociality and socialization and development of shared norms. Methodologically, the study makes use of mixed methods: it uses descriptive statistics that identify prevalent patterns in laughter practices and, on the basis of these results, examines social-interactional situations of children’s laughter in detail. It was found that children’s laughter tended to be directed to children and adults’ laughter tended to be directed to adults. 87% of children’s laughter was directed to other children, and adults directed their laughter to other adults 2,7 times as often as to children. The qualitative interaction analysis shows that children and adults exhibited different patterns of laughter. Children primarily sought and received affiliation through laughter in the peer group, and the adults were often focused on the institutional and educational goals of the preschool. Overall, the study shows that intergenerational reciprocal laughter was a rare occurrence and suggests that laughter between generations is interesting in that it can be seen as indicative of how children and adults handle alterity in their everyday life. By deploying multiple methods, the present study points to the importance of viewing emotion and norm sharedness in social interaction not just as a matter of communicating an emotion from one person to another, but as an intricate process of inviting the others into or negotiating the common emotional and experiential ground. (shrink)

"The Manipulation Argument has recently taken center stage in the free-will debate, yet little else can be said of this newcomer that is uncontroversial. At present, even the most fundamental elements of the Manipulation Argument--its structure, conclusion, and target audience--are a matter of dispute. As such, we cannot begin, as we ideally would, with a simple and relatively uncontroversial overview of the argument. Instead, clarifying the debate over the basic structure and general conclusion of the Manipulation Argument will be our (...) goal." -/- UPDATE: I now refer to an isolated objection to the counterexample step as a hardline reply, an isolated attack on the generalization step a softline reply, and an isolated response to the explanation step as an "al dente" reply. Al dente replies have been given in Mele's 2005 critique of the Four-Case Argument and my 2015 (2012) critique of Mele's Zygote Argument. I also now refer to a manipulation argument which has a generalization step that concludes to impossibilism and an explanation step which proposes an explanation for the impossibility of free will as a "Master Manipulation Argument" (examples of master manipulation arguments include Mickelson 2015 and 2019). (shrink)

Supervision is widely acknowledged as influencing the quality of postgraduate theses, and thus, by implication, of postgraduates. Despite this, the literature on conducting research offers little guidance in respect of managing the supervision relationship. This paper opens a window onto the relationship – and particularly the power relationship – between a particular supervisor of postgraduate research, Howard, and his Master’s student, Ray. It draws on research that explores how contemporary influences in the university domain intersect with individual agency and with (...) power relations to produce knowledge on two levels: the thesis as an extrinsic product of processes of education, and the person as an intrinsic product of processes of learning.Selections of Michel Foucault’s insights are used to explore the notion of power and how it operates through rules of discourse to construct knowledge and identity. Accordingly, the research describes and tracks the functioning of two discourses pivotal to Howard and Ray’s experience of supervision: anarchic educational leadership discourse, and humanistic discourse. The research on which the paper is based is constructivist, and as such it is underpinned by the assumption, or rather belief, that the discursive construction of reality is mediated by individual agency. In order to analyse how power operates between individuals, and between them and their broader educational contexts, a conceptual tool capable of accommodating manifest strategic processes – identified along a positional continuum as ‘push’,’ allow’ and ‘pull’ – was devised.The case study yields several thematic correlations in interpersonal and institutional power. These are: the significance of supervisor-student matching; links between expectations, abilities, the way participants negotiate power, and the quality of professional and pastoral care they experience; the impact of personal affinity on supervision; and the influence of ontology on thesis-as-product and person-as-product. (shrink)

This paper argues that certain features of postmodernism are bad for feminism and that there are ways in which modernism provides a better platform for a gender analysis. Specifically, by arguing against the category "woman" some forms of postmodernism undermine the political gains of focusing on gender.

The intervention attempts to engage critically with the Smittestopp app as a specifically Norwegian technofix. Culturally and politically, much of the Covid-19 response and the success of social distancing rules have been organized around the widespread trust in the government and public health authorities, and a focus on the citizens’ duty to contribute to the dugnaðr. The intervention argues that Smittestopp has been co-created by the mobilization of trust and dugnaðr, resulting in the launch of an incomplete and poorly defined (...) data-hoarding product with significant vulnerabilities. (shrink)

To answer tantalizing questions such as whether animals are moral or how morality evolved, I propose starting with a somewhat less fraught question: do animals have normative cognition? Recent psychological research suggests that normative thinking, or ought-thought, begins early in human development. Recent philosophical research suggests that folk psychology is grounded in normative thought. Recent primatology research finds evidence of sophisticated cultural and social learning capacities in great apes. Drawing on these three literatures, I argue that the human variety of (...) social cognition and moral cognition encompass the same cognitive capacities and that the nonhuman great apes may also be normative beings. To make this argument, I develop an account of animal social norms that shares key properties with Cristina Bicchieri's account of social norms but which lowers the cognitive requirements for having a social norm. I propose a set of four early developing prerequisites implicated in social cognition that make up what I call naïve normativity: the ability to identify agents, sensitivity to in-group/out-group differences, the capacity for social learning of group traditions, and responsiveness to appropriateness. I review the ape cognition literature and present preliminary empirical evidence supporting the existence of social norms and naïve normativity in great apes. While there is more empirical work to be done, I hope to have offered a framework for studying normativity in other species, and I conclude that we should be open to the possibility that normative cognition is yet another ancient cognitive endowment that is not human-unique. (shrink)

In this essay, I suggest that Spinoza acknowledges a distinction between formal reality that is infinite and timelessly eternal and formal reality that is non-infinite (i. e., finite or indefinite) and non-eternal (i. e., enduring). I also argue that if, in Spinoza’s system, only intelligible causation is genuine causation, then infinite, timelessly eternal formal reality cannot cause non-infinite, non-eternal formal reality. A denial of eternal-durational causation generates a puzzle, however: if no enduring thing – not even the sempiternal, indefinite individual (...) composed of all finite, enduring things – is caused by the infinite, eternal substance, then how can Spinoza consistently hold that the one infinite, eternal substance is the cause of all things and that all things are modes of that substance? At the end of this essay, I sketch how Spinoza could deny eternal-durational causation while still holding that an infinite, eternal God is the cause of all things and that all things are modes. I develop the interpretation more in the companion essay.1 1 In “Spinoza’s Monism II,” in the next issue of this journal. (shrink)

The study of animal cognition raises profound questions about the minds of animals and philosophy of mind itself. Aristotle argued that humans are the only animal to laugh, but in recent experiments rats have also been shown to laugh. In other experiments, dogs have been shown to respond appropriately to over two hundred words in human language. In this introduction to the philosophy of animal minds Kristin Andrews introduces and assesses the essential topics, problems and debates as they cut across (...) animal cognition and philosophy of mind. She addresses the following key topics: what is cognition, and what is it to have a mind? What questions should we ask to determine whether behaviour has a cognitive basis? the science of animal minds explained: ethology, behaviourist psychology, and cognitive ethology rationality in animals animal consciousness: what does research into pain and the emotions reveal? What can empirical evidence about animal behaviour tell us about philosophical theories of consciousness? does animal cognition involve belief and concepts; do animals have a ‘Language of Thought’? animal communication other minds: do animals attribute ‘mindedness’ to other creatures? moral reasoning and ethical behaviour in animals animal cognition and memory. Extensive use of empirical examples and case studies is made throughout the book. These include Cheney and Seyfarth’s ververt monkey research, Thorndike’s cat puzzle boxes, Jensen’s research into humans and chimpanzees and the ultimatum game, Pankseep and Burgdorf’s research on rat laughter, and Clayton and Emery’s research on memory in scrub-jays. Additional features such as chapter summaries, annotated further reading and a glossary make this an indispensable introduction to those teaching philosophy of mind, animal cognition. It will also be an excellent resource for those in fields such as ethology, biology and psychology. (shrink)

Great hope has been placed on biobank research as a strategy to improve diagnostics, therapeutics and prevention. It seems to be a common opinion that these goals cannot be reached without the participation of commercial actors. However, commercial use of biobanks is considered morally problematic and the commercialisation of human biological materials is regulated internationally by policy documents, conventions and laws. For instance, the Council of Europe recommends that: “Biological materials should not, as such, give rise to financial gain”. Similarly, (...) Norwegian legislation reads: “Commercial exploitation of research participants, human biological material and personal health data in general is prohibited”. Both articles represent kinds of common moral intuitions. A problem, however, is that legislative documents are too vague and provide room for ample speculation. Through the use of focus group interviews with Norwegian biobank donors, we have tried to identify lay intuitions and morals regarding the commercial use of biobanks. Our findings indicate that the act of donation and the subsequent uses of the samples belong to two different spheres. While concerns around dignity and commodification were present in the first, injustice and unfairness were our informants’ major moral concerns in the latter. Although some opposition towards commercial actors was voiced, these intuitions show that it is possible to render commercial use of biobanks ethically acceptable based on frameworks and regulations which hinder commodification of the human body and promote communal benefit sharing. (shrink)

Derk Pereboom's Four-Case Argument is among the most famous and resilient manipulation arguments against compatibilism. I contend that its resilience is not a function of the argument's soundness but, rather, the ill-gotten gain from an ambiguity in the description of the causal relations found in the argument's foundational case. I expose this crucial ambiguity and suggest that a dilemma faces anyone hoping to resolve it. After a thorough search for an interpretation which avoids both horns of this dilemma, I conclude (...) that none is available. Rather, every metaphysically coherent interpretation invites either a hard- or soft-line reply to Pereboom's argument. I then consider a recharacterization of the dilemma which seems to clear the way for the defence of a revised Four-Case Argument. I address this rejoinder by identifying a still more fundamental problem shared by all viable interpretations of the manipulation cases, showing that each involves a type of manipulation which undermines the victim's agency. Because this diagnosis supports a soft-line reply to every viable interpretation of the argument and can be endorsed by any compatibilist, I consider it the final piece of the Soft-line Solution to the Four-Case Argument. Finally, I suggest a new taxonomy of manipulation arguments, arguing that none that employs the suppressive variety of manipulation found in Pereboom's argument offers a threat to compatibilism. -/- (For direct download option, search Kristin M. Mickelson, Soft-line Solution). (shrink)

Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on Italian (...) case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution. (shrink)

An old question in Spinoza scholarship is how finite, non-eternal things transitively caused by other finite, non-eternal things (i. e., the entities described in propositions like E1p28) are caused by the infinite, eternal substance, given that what follows either directly or indirectly from the divine nature is infinite and eternal (E1p21–23). In “Spinoza’s Monism I,” “Spinoza’s Monism I,” in the previous issue of this journal. I pointed out that most commentators answer this question by invoking entities that are indefinite and (...) sempiternal, but argued that perhaps we should not be so quick to assume that in Spinoza’s system, an infinite and eternal substance could cause such indefinite, sempiternal entities. But if such eternal-durational causation is denied, then it seems harder to see how Spinoza’s system could be coherent: if Spinoza holds that the infinite, eternal substance cannot cause anything that is not infinite and not eternal, then how can he also hold that all things are modes immanently caused by substance (E1p15, E1p18, E1p25)? In this essay, I explain how Spinoza’s system could be understood in light of a denial of eternal-durational causation. On the interpretation I offer, God is the cause of all things and all things are modes because the essences of all things follow from the divine nature and all essences enjoy infinite, eternal reality as modes immanently caused by the infinite, eternal substance. The same non-substantial essences can also be conceived as enjoying non-infinite, non-eternal reality, but so conceived, they are enduring, finite (or sempiternal, indefinite) entities that cannot be conceived as modes caused by and inhering in the one infinite, eternal substance. I conclude by pointing out that if we take this interpretive route, we do have to understand Spinoza as committed to acosmism, or a denial of the reality of the world – at least the world of enduring, finite things. (shrink)

In this paper, we contribute to research on enterprise artificial intelligence (AI), specifically to organizations improving the customer experiences and their internal processes through using the type of AI called machine learning (ML). Many organizations are struggling to get enough value from their AI efforts, and part of this is related to the area of explainability. The need for explainability is especially high in what is called black-box ML models, where decisions are made without anyone understanding how an AI reached (...) a particular decision. This opaqueness creates a user need for explanations. Therefore, researchers and designers create different versions of so-called eXplainable AI (XAI). However, the demands for XAI can reduce the accuracy of the predictions the AI makes, which can reduce the perceived usefulness of the AI solution, which, in turn, reduces the interest in designing the organizational task structure to benefit from the AI solution. Therefore, it is important to ensure that the need for XAI is as low as possible. In this paper, we demonstrate how to achieve this by optimizing the task structure according to sociotechnical systems design principles. Our theoretical contribution is to the underexplored field of the intersection of AI design and organizational design. We find that explainability goals can be divided into two groups, pattern goals and experience goals, and that this division is helpful when defining the design process and the task structure that the AI solution will be used in. Our practical contribution is for AI designers who include organizational designers in their teams, and for organizational designers who answer that challenge. (shrink)

According to luck egalitarianism, inequalities are justified if and only if they arise from choices for which it is reasonable to hold agents responsible. This position has been criticised for its purported harshness in responding to the plight of individuals who, through their own choices, end up destitute. This paper aims to assess the Harshness Objection. I put forward a version of the objection that has been qualified to take into account some of the more subtle elements of the luck (...) egalitarian approach. Revising the objection in this way suggests that the Harshness Objection has been overstated by its proponents: because luck egalitarians are sensitive to the influence of unequal brute luck on individuals’ choices, it is unlikely that there will be any real world cases in which the luck egalitarian would not have to provide at least partial compensation. However, the Harshness Objection still poses problems for the luck egalitarian. First, it is not clear that partial compensation will be sufficient to avoid catastrophic outcomes. Second, the Harshness Objection raises a theoretical problem in that a consistent luck egalitarian will have to regard it as unjust if any assistance is provided to the victim of pure option luck, even if such assistance could be provided at no cost. I consider three strategies the luck egalitarian could pursue to accommodate these concerns and conclude that none of these strategies can be maintained without either violating basic luck egalitarian principles or infringing upon individual liberty. (shrink)

This essay begins by dividing the traditional problem of free will and determinism into a “correlation” problem and an “explanation” problem. I then focus on the explanation problem, and argue that a standard form of abductive (i.e. inference to the best-explanation) reasoning may be useful in solving it. To demonstrate the fruitfulness of the abductive approach, I apply it to three standard accounts of free will. While each account implies the same solution to the correlation problem, each implies a unique (...) solution to the explanation problem. For example, all libertarian-friendly accounts of free will imply that it is impossible to act freely when determinism is true. However, only a narrow subset of libertarians have the theoretical resources to defend the incompatibilist claim that deterministic laws (qua being deterministic) undermine free will, while other libertarians must reject this incompatibilist view. -/- [Version: Nov. 12, 2018]. (shrink)

Derk Pereboom's Four-Case Argument is among the most famous and resilient manipulation arguments against compatibilism. I contend that its resilience is not a function of the argument's soundness but, rather, the ill-gotten gain from an ambiguity in the description of the causal relations found in the argument's foundational case. I expose this crucial ambiguity and suggest that a dilemma faces anyone hoping to resolve it. After a thorough search for an interpretation which avoids both horns of this dilemma, I conclude (...) that none is available. Rather, every metaphysically coherent interpretation invites either a hard- or soft-line reply to Pereboom's argument. I then consider a recharacterization of the dilemma which seems to clear the way for the defence of a revised Four-Case Argument. I address this rejoinder by identifying a still more fundamental problem shared by all viable interpretations of the manipulation cases, showing that each involves a type of manipulation which undermines the victim's agency. Because this diagnosis supports a soft-line reply to every viable interpretation of the argument and can be endorsed by any compatibilist, I consider it the final piece of the Soft-line Solution to the Four-Case Argument. Finally, I suggest a new taxonomy of manipulation arguments, arguing that none that employs the suppressive variety of manipulation found in Pereboom's argument offers a threat to compatibilism. (shrink)

Expressive theories of state action seek to identify and assess the ‘meaning’ implicit in state action, such as legislation and public policies. In expressive theories developed by relational egalitarians, state action must ‘express’ equal concern and respect for citizens. However, it is unclear how precisely we can determine and assess the meaning of what states do. This paper considers how an expressive theory could be developed, given the commitments of a relational account of equality, and how such a theory would (...) relate to relational egalitarianism more broadly. I suggest that expressive considerations should be tied more closely than they are in the current literature to agents’ attitudes and to their intentions. I discuss a range of real-world policies that are problematic for what they can be taken to express. (shrink)

My two principal aims in this essay are interconnected. One aim is to provide a new interpretation of the ‘infinite modes’ in Spinoza’s Ethics. I argue that for Spinoza, God, conceived as the one infinite and eternal substance, is not to be understood as causing two kinds of modes, some infinite and eternal and the rest finite and non-eternal. That there cannot be such a bifurcation of divine effects is what I take the ‘infinite mode’ propositions, E1p21–23, to establish; E1p21–23 (...) show that each and every one of the immanent effects of an infinite and eternal God is an infinite and eternal mode. The other aim is to show that these propositions can be understood as part of an extended critical response to Descartes’s infamous doctrine that God creates eternal truths and true and immutable natures. If we have the correct (Spinozan) conceptions of what God is and how God works, we see that an eternal and infinite God can only be understood to cause ‘eternal truths,’ and that these eternal truths are infinite and eternal modes of God. (shrink)

This study examined the direct influence of national economic condition, as well as the indirect effects through the strength of noneconomic institutions on supervisors’ ethical reasoning using the institutional anomie theory developed by Messner and Rosenfeld :1393–1416, 2001). Utilizing data of 20,025 supervisors across 52 countries, the analyses showed that high disparity in the economic distribution directly and indirectly leads to unethical values. High economic inequality in a country resulted in high tendency of supervisors to justify unethical acts. In addition, (...) some of this influence went through the institutional strength of family, education, polity, and religion, thereby indicating partial mediation. As a result, the study presented the important roles of social institutions in explaining supervisors’ attitude and behavior. The findings of this research contribute to the institutional anomie theory by clarifying the multilevel path of the macrostructures’ conditions in explaining supervisors’ ethicality. Moreover, since some of the relationships between variables resulted in the direction opposite to the propositions of the theory, this study suggested other theoretical models that may be integrated with IAT. Along with these theoretical contributions, practical implications to businesses and society are discussed to strengthen supervisors’ ethics. (shrink)

The marker approach is taken as best practice for answering the distribution question: Which animals are conscious? However, the methodology can be used to increase confidence in animals many presume to be unconscious, including C. elegans, leading to a trilemma: accept the worms as conscious; reject the specific markers; or reject the marker methodology for answering the distribution question. I defend the third option and argue that answering the distribution question requires a secure theory of consciousness. Accepting the hypothesis all (...) animals are conscious will promote research leading to secure theory, which is needed to create reliable consciousness tests for animals and AIs. Rather than asking the distribution question, we should shift to the dimensions question: How are animals conscious? (shrink)