According to the negative principle of appropriation a person can acquire an unowned resource if doing so respects a certain condition (the Lockean proviso). Contrary to some views, a proviso of this sort is not incompatible with libertarianism. Moreover, no unilateral powers of acquisition can fail to consider the impact on the interests of others. Hence, a doctrine of appropriation must incorporate such a proviso. However, the several interpretations such a proviso can take on various dimensions will be either implausible (...) as a way of taking into consideration the interests of others, or unable to generate the kind and extent of property rights libertarians typically endorse. (shrink)

When viewed as a question of distributive justice the evaluation of workfare typically reflects exclusively on the distribution of income: do the physically capable have a justified claim for state support, or is it fair to demand from those who do work to subsidise this support? Rarely is workfare appraised in terms of how it affects other parties such as employers or other workers, and on the structural effects the pattern of incentives it generates brings about, or as an issue (...) of distributive justice related to a more extensive range of objects of distribution such as access to pleasing jobs. -/- We propose to evaluate workfare by looking at its effects more broadly: (1) we discuss and dismiss on empirical grounds the two most common arguments in favour of workfare, namely that workfare develops self-reliance among participants and it is more economical in the use of altruism among taxpayers. (2) We suggest that workfare focuses on work as a burden and as a means to income, ignoring other beneficial aspects that are conducive to the worker’s self expression. These other benefits are distributed unevenly between two main groups: the privileged well off and the disadvantaged. (3) we argue that workfare functions as a mechanism to preserve these privileges to one class of workers at the expense of another. Or, to put it the other way, the payment of unconditional welfare to the long term unemployed might be justified as one method of mitigating unjustified privileges. (shrink)

Philosophers ask just whose expression, if anyone’s, we hear in lyric poetry. Walton provides a novel possibility: it’s the reader who “uses” the poem (just as a speech giver uses a speech) who makes the language expressive. But worries arise once we consider poems in particular social or political settings, those which require a strong self-other distinction, or those with expressions that should not be disassociated from the subjects whose experience they draw from. One way to meet this challenge is (...) to consider the poem expressive of a plural subject, which frees us from looking for a particular individual whose voice we hear in the work, whether she be fictional or actual. Some lyrics give voice to a group whose experience is attended to in the work. This may be done through a posited fictional speaker, but the ontology of the speaker is shown to be less important. Attending to a group whose concerns are voiced allows us to explain how poems can manage to address our-worldly concerns even when lacking actual persons whose expressions we encounter in the poems. (shrink)

The principle that each person is his own property occupies an almost axiomatic status in right-wing liberal thought as well as in some egalitarian theories. I reject any, full or partial, notion of property with respect to oneself by showing that any appeal and any justifiability which may be associated with self-ownership can at most serve to ground rights which are demonstrably non-property rights. As a contrast to self ownership, I introduce the non-proprietarian notion of Original Freedom. I compare the (...) two with respect to the control, income, and transfer aspects of ownership and suggest that Original Freedom is the more intuitively acceptable. (shrink)

In this paper I present a moral account of the legal notion of deceptive advertising. I argue that no harmful consequences to the consumer need follow from a deceptive advertisement as such, and I suggest instead that one should focus on the consequences of permitting the practise of deceptive advertising on society as a whole. After a brief account of deceptive advertising, I move to discuss the role of the reasonable person standard in its definition. One interpretation of this standard (...) is empirical, aiming to objectify the quality of misleadingness in the advertisement. I offer an alternative normative interpretation which aims to draw the line between the advertiser's responsibility and that of the consumer, between misleading and miscomprehension. I then examine and reject several possible moral grounds for condemning and prohibiting deceptive advertising. These include: harm, in the sense of welfare, to the misled consumer; harm to competitors; and a violation or a reduction of the consumer's autonomy. Finally, I explain how the effect of the practise of deceptive advertising on society as a whole should inform our normative line-drawing between misleading and miscomprehension, and how it provides the basis for the moral evaluation of deceptive advertising. (shrink)

This book is not a conventional introduction to the philosophy of mind, nor is it a contribution to the physicalist/ dualist debate. Instead The Representational Theory of Mind demonstrates that we can construct physicalist theories of important aspects of our mental life. Its aim is to explain and defend a physicalist theory of intelligence in two parts: the first six chapters consist of an exposition, elaboration and defence of human sentience (the functionalist theory of mind), and the second part considers (...) rivals and objections to this theory. Kim Sterelny aims to introduce people to this area of philosophy by exemplifying it, to show that philosophical and empirical investigations can be synthesized to the benefit of both. --From publisher's description. (shrink)

The orthodoxy on the concept of ownership is given by Honoré's list of incidents. The idea this portrays is as ownership as a very flexible concept. The main purpose of this paper is to argue that the concept of property has much more integrity than the notion of a bundle of incidents may suggest. The Libertarian Challenge claims that redistributive theories of Justice, in so far as they impose involuntary taxes, are inconsistent with property rights, and are therefore unjustifiable. One (...) response to the libertarian challenge is to present alternative conceptions of ownership that are based on less than the complete list of incidents. These conceptions, we are told, avoid the inconsistency inherent in redistributive taxation by rejecting the incidents that are the source of the inconsistency, while retaining the moral appeal by leaving in place the core incidents and thus remaining faithful to what is primarily justifiable in property rights. Such an approach has been taken by several writers (notably, Waldron, Christman, and Fried). These different attempts to present a "truncated", "bifurcated", or "purist" concept of property invariably fail. Taxation must be an infringement of property. The upshot of this is that a justification of redistributive taxation requires a restriction of property or abandoning it altogether rather than redefining it. (shrink)

Working from a "capitalist" theory of exploitation, based on a neo-classical account of economic value, I argue that guest workers are exploited. It may be objected, however, that since they are not citizens, any inequality that stems from their status as non-citizens is morally unobjectionable. Although host countries are under no moral obligation to admit guest workers as citizens, there are independent reasons that call for the extension of economic rights – the freedom of occupation in particular – to guestworkers. (...) Since the cause of unequal exchange rests in the fact that guest workers are deprived of these rights, rather than in their exclusion from citizenship per se, I conclude that they are exploited even if their exclusion from citizenship may be justified. (shrink)

Xenophobia is conceptually distinct from racism. Xenophobia is also distinct from nativism. Furthermore, theories of racism are largely ensconced in nationalized narratives of racism, often influenced by the black-white binary, which obscures xenophobia and shelters it from normative critiques. This paper addresses these claims, arguing for the first and last, and outlining the second. Just as philosophers have recently analyzed the concept of racism, clarifying it and pinpointing why it’s immoral and the extent of its moral harm, so we will (...) analyze xenophobia and offer a pluralist account of xenophobia, with important implications for racism. This analysis is guided by the discussion of racism in recent moral philosophy, social ontology, and research in the psychology of racism and implicit attitudes. (shrink)

An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

This paper explores the possibility of extending Locke’s theory with respect to tangible property so that it might offer a feasible theoretical basis for intellectual property too. The main conclusion is that such an attempt must fail. Locke’s theory comes in three parts: a general justification of property which serves to explain why assets ought to be under the exclusive control of individuals; a positive method of private appropriation whereby an individual acquires a prima facie exclusive claim to previously commonly (...) held natural resources; and third, a negative requirement that other individuals’ crucial interests are not harmed by such an appropriation. For each of these, the difficulties involved in applying that part of the theory to the sphere of ideas are discussed, and a central aspect of intellectual property that raises the problems of application is highlighted. (shrink)

Can Rawls’s theory provide a framework for assessing obligations to future generations? Extending the veil of ignorance so that participants in the original position do not know to which generation they belong appears to fail in this endeavour. Earlier generations cannot improve their situation by “cooperating” with later generations. Such circumstances, lacking mutuality, leave no room for an agreement or contract. Nevertheless, the original position can be reconstructed so as to model relations of mutuality between generations even if these are (...) absent from the real world. This chapter assesses earlier attempts to do this and provides a rationale for viewing the just savings principle as a clause in the full formulation of the difference principle. (shrink)

Structural injustice broadly refers to objectionable outcomes produced by generally accepted social structures for members of particular social groups. But theorists of structural injustice have said relatively little about why certain outcomes are objectionable, and many theorists suggestively connect structural injustice to a worry about oppression without explaining their precise normative concerns. I provide a normative analysis of structural injustice that addresses this gap and clarifies its connection to oppression. On this view, there are two kinds of structural injustice, each (...) grounded in a distinct moral concern. One is a freedom-based concern for how social structures harmfully constrain members of a social group, depriving them of the means to develop and exercise their capacities. The other is an equality-based concern for how social structures subordinate a social group to others in hierarchies of power, standing, and esteem. By disentangling these concerns, this account shows that our social structures contain multiple kinds of injustice that do not necessarily travel together; some social groups experience unfreedom without being subordinated to others, and indeed their unfreedom is intertwined with their dominant position over subordinated groups. Furthermore, against prevailing philosophical accounts, this analysis shows that there are good reasons to understand oppression primarily as an issue of inequality rather than an issue of unfreedom. (shrink)

1. Chŏngch'i ch'ŏrhak kwa chŏngsin punsŏkhak ŭi mannam -- 2. Han'gugin ŭi chamjae ŭisik kwa chŏngch'i pyŏngni.

The philosophy of mind has always been a staple of the philosophy curriculum. But it has never held a more important place than it does today, with both traditional problems and new topics often sparked by the developments in the psychological, cognitive, and computer sciences. Jaegwon Kim’s Philosophy of Mind is the classic, comprehensive survey of the subject. Now in its second edition, Kim explores, maps, and interprets this complex and exciting terrain. Designed as an introduction to the field for (...) upper-level undergraduates and graduate students, Philosophy of Mind focuses on the mind/body problem and related issues, some touching on the status of psychology and cognitive science. The second edition features a new chapter on Cartesian substance dualism-a perspective that has been little discussed in the mainstream philosophy of mind and almost entirely ignored in most introductory books in philosophy of mind. In addition, all the chapters have been revised and updated to reflect the trends and developments of the last decade. Throughout the text, Kim allows readers to come to their own terms with the central problems of the mind. At the same time, the author’s own emerging views are on display and serve to move the discussion forward. Comprehensive, clear, and fair, Philosophy of Mind is a model of philosophical exposition. It is a major contribution to the study and teaching of the philosophy of mind. (shrink)

Rawls's difference principle contains a certain normative ambiguity, so that opposing views, including strong inegalitarian ones, might find a home under it. The element that introduces this indeterminacy is the absence of an explicit reference to time . Thus, a society that agrees on the difference principle as the proper justification of basic political-economic institutions, might nevertheless disagree on whether their specific institutions are justified by that principle. Such disagreement would most often centre on issues of fact: will a more (...) egalitarian policy in fact prioritize the least well off or will a more libertarian policy do so? But facts are not the only possible points of contention. According to the fundamental indeterminacy, considering merely the sum of advantages to the least well off, the difference principle is indifferent among different flows of equal income over time. It cannot adjudicate among more or less unequal distributions across social groups when the sum income of the least advantaged group is constant. The fundamental indeterminacy lies at the bottom of three derivative indeterminacies: an adequate future discount rate, an acceptable absolute minimum, and a reasonable time interval. These might form the basis of political disagreement among self-proclaimed endorsers of the difference principle of left and right over the way the principal social-economic institutions ought to be structured and the distributions that ensue. Key Words: Rawls • equality • incentives • future discount rate • primary goods • well-being. (shrink)

This book is part of the growing field of practical approaches to philosophical questions relating to identity, agency and ethics, working across continental and analytical traditions. Kim Atkins explains and justifies the basis of the practical approach through an explication of the structures of human embodiment and an account of how those structures necessitate a narrative model of selfhood, understanding and ethics. She highlights how recent work on agency and autonomy implicitly draws upon conceptions of embodiment and intersubjectivity that underpin (...) the narrative view. (shrink)

The essays collected in this volume address a range of issues that arise when the focus of philosophical reflection on identity is shifted from metaphysical to practical and evaluative concerns. They also explore the usefulness of the notion of narrative for articulating and responding to these issues. The chapters, written by an outstanding roster of international scholars, address a range of complex philosophical issues concerning the relationship between practical and metaphysical identity, the embodied dimensions of the first-personal perspective, the kind (...) of reflexive agency involved in the self-constitution of one’s practical identity, the relationship between practical identity and normativity, and the temporal dimensions of identity and selfhood. In addressing these issues, contributors engage with debates in the literatures on personal identity, phenomenology, moral psychology, action theory, normative ethical theory, and feminist philosophy. (shrink)

This book is part of the growing field of practical approaches to philosophical questions relating to identity, agency and ethics--approaches which work across continental and analytical traditions and which Atkins justifies through an explication of how the structures of human embodiment necessitate a narrative model of selfhood, understanding, and ethics.

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether (...) the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning--how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality. (shrink)

If persons fully own themselves and can acquire, by unilateral acts, unconditional full property rights to previously unowned natural resources, then by these same principles of property they also own the products of their property and of their labour. But (a) the principles of property are silent on the question of the division of joint products; (b) the market is a form of co-operation in production which makes the total social product a joint product. In the circumstances of an unrestrained (...) fully developed market, therefore, it is not fully determinate what one's product is. Thus the holdings that each person ends up with cannot be justified merely in terms of ownership of products. I offer an explanation of why some may resist this view of the market. (shrink)

If persons fully own themselves and can acquire, by unilateral acts, unconditional full property rights to previously unowned natural resources, then by these same principles of property they also own the products of their property and of their labour. But the principles of property are silent on the question of the division of joint products; the market is a form of co-operation in production which makes the total social product a joint product. In the circumstances of an unrestrained fully developed (...) market, therefore, it is not fully determinate what one's product is. Thus the holdings that each person ends up with cannot be justified merely in terms of ownership of products. I offer an explanation of why some may resist this view of the market. (shrink)

This book defines, perhaps for the first time in the history of the intellectual and religious tradition of Islam, the meaning of worldview from the perspective of Islam. The definition is articulated in the gathering together of the fundamental elements in the vision of reality and truth that projects the worldview of Islam into a meaningful whole. This articulation of the definition involves also explanation and contradiction of the challenges to that vision encountered throughout the ages to the present time.

Completely revised and updated in its Second Edition, Language and Reality provides students, philosophers and cognitive scientists with a lucid and provocative introduction to the philosophy of language.

Direction of fit theories usually claim that beliefs are such that they “aim at truth” or “ought to fit” the world and desires are such that they “aim at realization” or the world “ought to fit” them. This essay argues that no theory of direction of fit is correct. The two directions of fit are supposed to be determinations of one and the same determinable two-place relation, differing only in the ordering of favored terms. But there is no such determinable (...) because of ineliminable asymmetries between the way that beliefs “aim at truth” and the way that desires “aim at realization.” This essay traces the ills of direction of fit theory to a misunderstanding of Anscombe and proposes a cure that distinguishes theoretical and practical thought by appeal to a distinction between thought in the form of a state and thought in the form of an event. (shrink)

Is Anscombean practical knowledge independent of what the agent actually does on an occasion? Failure to understand Anscombe’s answer to this question is a major obstacle to appreciating the subtlety and plausibility of her view. I argue that Anscombe’s answer is negative, and turns on the nature of mistakes in performance, and reveals a distinctive implicit metaphysics of mind and knowledge, structured by related capacities and exercises of capacities. If my interpretation is correct, then practical knowledge shares features with knowledge-how (...) and knowledge-that, but deserves its own epistemic category. (shrink)

The essays collected in this volume address a range of issues that arise when the focus of philosophical reflection on identity is shifted from metaphysical to practical and evaluative concerns. They also explore the usefulness of the notion of narrative for articulating and responding to these issues. The chapters, written by an outstanding roster of international scholars, address a range of complex philosophical issues concerning the relationship between practical and metaphysical identity, the embodied dimensions of the first-personal perspective, the kind (...) of reflexive agency involved in the self-constitution of one’s practical identity, the relationship between practical identity and normativity, and the temporal dimensions of identity and selfhood. In addressing these issues, contributors engage with debates in the literatures on personal identity, phenomenology, moral psychology, action theory, normative ethical theory, and feminist philosophy. (shrink)

This chapter contains sections titled: Zack's Sensitivity Zack's Race Zack's Desire Zack's Violence Music Conclusion Notes.