Health care providers’ interpretation of law can have intended and unintended effects on health care delivery in Canada. At times, health care providers encounter situations where they perceive the law to conflict with their sense of what is most ethically justified. In many cases, these health care providers feel especially torn because they assume that the legal requirements must dictate the decision, and cannot be explored or questioned. We challenge this assumption: the law is not as cut-and-dried as some assume; (...) therefore, its significance to health care decisions should be carefully considered. Within a systematic ethics process, legal considerations can be a source of values and information and can create opportunities for further dialogue. This approach is justified because it appropriately reflects the relationship of the law to ethics. This way of thinking about the law and ethics also avoids potentially harmful consequences of legalistic approaches to decision-making, such as breakdowns in communication, adversarial relationships, and a reduction of ethically complex decisions to simple rule following. (shrink)

The Making of British Bioethics provides the first in-depth study of how philosophers, lawyers and other 'outsiders' came to play a major role in discussing and helping to regulate issues that used to be left to doctors and scientists. It details how British bioethics emerged thanks to a dynamic interplay between sociopolitical concerns and the aims of specific professional groups and individuals who helped create the demand for outside involvement and transformed themselves into influential 'ethics experts'. Highlighting this interplay helps (...) us appreciate how issues such as embryo research and assisted dying became high-profile 'bioethical' concerns in the late twentieth century, and why different groups now play a critical role in developing regulatory standards and leading public debates. The book draws on a wide range of original sources and will be of interest to historians of medicine and science, general historians and bioethicists. (shrink)

This is a study of Hume's political thought based on a survey of all his writings in their original and revised versions, with very full reference to the works of predecessors and contemporaries, including journalists, pamphleteers and historians. Hume's political thinking is presented in its historical context as a modem, 'philosophical', empirically based system of politics for a new post-revolutionary age, and a political education for parochial, backward-looking party men.

Liberalism is a term employed in a dizzying variety of ways in political thought and social science. This essay challenges how the liberal tradition is typically understood. I start by delineating different types of response—prescriptive, comprehensive, explanatory—that are frequently conflated in answering the question “what is liberalism?” I then discuss assorted methodological strategies employed in the existing literature: after rejecting “stipulative” and “canonical” approaches, I outline a contextualist alternative. Liberalism, on this account, is best characterised as the sum of the (...) arguments that have been classified as liberal, and recognised as such by other self-proclaimed liberals, over time and space. In the remainder of the article, I present an historical analysis of shifts in the meaning of liberalism in Anglo-American political thought between 1850 and 1950, focusing in particular on how Locke came to be characterised as a liberal. I argue that the scope of the liberal traditionexpanded during the middle decades of the twentieth century, such that it came to be seen by many as the constitutive ideology of the West. This capacious understanding of liberalism was a product of the ideological wars fought against “totalitarianism” and assorted developments in the social sciences. Today we both inherit and inhabit it. (shrink)

(No abstract is available for this citation).

The status of boundaries and borders, questions of global poverty and inequality, criteria for the legitimate uses of force, the value of international law, human rights, nationality, sovereignty, migration, territory, and citizenship: debates over these critical issues are central to contemporary understandings of world politics. Bringing together an interdisciplinary range of contributors, including historians, political theorists, lawyers, and international relations scholars, this is the first volume of its kind to explore the racial and imperial dimensions of normative debates over global (...) justice. (shrink)

A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public trust in grounding (...) the legitimacy of criminal justice institutions. We argue that algorithmic opacity threatens the trustworthiness of criminal justice institutions, which in turn threatens their legitimacy. We first offer an account of institutional trustworthiness before showing how opacity threatens to undermine an institution’s trustworthiness. We then explore how threats to trustworthiness affect institutional legitimacy. Finally, we offer some policy recommendations to mitigate the threat to trustworthiness posed by the opacity problem. (shrink)

(No abstract is available for this citation).

A powerful argument against the counterfactual comparative account of harm is that it cannot distinguish harming from failing to benefit. In reply to this problem, I suggest a new account of harm. The account is a counterfactual comparative one, but it counts as harms only those events that make a person occupy his level of well-being at the world at which the event occurs. This account distinguishes harming from failing to benefit in a way that accommodates our intuitions about the (...) standard problem cases. In laying the groundwork for this account, I also demonstrate that rival accounts of harm are able to distinguish harming from failing to benefit only if, and because, they also appeal to the distinction between making upshots happen and allowing upshots to happen. One important implication of my discussion is that preserving the moral asymmetry between harming and failing to benefit requires a commitment to the existence of a metaphysical and moral distinction between making and allowing. (shrink)

Inferences like these are known as extrapolations.

This paper defends Flatland—the view that there exist neither determination nor dependence relations, and that everything is therefore fundamental—from the objection from explanatory inefficacy. According to that objection, Flatland is unattractive because it is unable to explain either the appearance as of there being determination relations, or the appearance as of there being dependence relations. We show how the Flatlander can meet the first challenge by offering four strategies—reducing, eliminating, untangling and omnizing—which, jointly, explain the appearance as of there being (...) determination relations where no such relations obtain. Since, plausibly, dependence relations just are asymmetric determination relations, we argue that once we come mistakenly to believe that there exist determination relations, the existence of other asymmetries (conceptual and temporal) explains why it appears that there are dependence relations. (shrink)

The paper focuses on an employee’s perception of his or her own labour market outcome. It proposes that the basic earnings function, by adopting an approach that ignores perception effects, is likely to result in biased results that will fail to understand the complexities of the wage distribution. The paper uses an orthodox job search framework to illustrate the nature of this problem and then adapts the model to take onboard the theory of cognitive dissonance. The search model indicates how (...) workers may adopt a coping strategy in order to reduce the disutility associated with the wage underpayment that develops. Then, by modelling cognitive dissonance, the paper highlights the weaknesses of using purely human capital proxies to understand labour market outcome. The analysis goes some way to explaining why individuals with equivalent human capital investment can have disparate earnings profiles. (shrink)

One of the key supposed 'platitudes' of contemporary epistemology is the claim that knowledge excludes luck. One can see the attraction of such a claim, in that knowledge is something that one can take credit for - it is an achievement of sorts - and yet luck undermines genuine achievement. The problem, however, is that luck seems to be an all-pervasive feature of our epistemic enterprises, which tempts us to think that either scepticism is true and that we don't know (...) very much, or else that luck is compatible with knowledge after all. In this book, Duncan Pritchard argues that we do not need to choose between these two austere alternatives, since a closer examination of what is involved in the notion of epistemic luck reveals varieties of luck that are compatible with knowledge possession and varieties that aren't. Moreover, Pritchard shows that a more nuanced understanding of the relationship between luck and knowledge can cast light on many of the most central topics in contemporary epistemology. These topics include: the externalism/internalism distinction; virtue epistemology; the problem of scepticism; metaepistemological scepticism; modal epistemology; and the problem of moral luck. All epistemologists will need to come to terms with Pritchard's original and incisive contribution. (shrink)

Many physicians have found that the traditional approach to bioethics fails to account for important aspects of their moral experience in practice. New approaches to bioethics theory are challenging the traditional application of universal moral principles based in liberal moral theory. At the same time, a shift in both the goals and methods of bioethics education has accompanied its coming of age in the medical school curriculum. Taken together, these changes challenge both bioethics educators and theorists to come closer to (...) the details and nuances of real clinical encounters. The emerging trend emphasizes the importance of context in bioethics education and in the moral theory and research under-girding it. This article introduces one research approach examining the practical life contexts of medical students' ethical experiences and learning. It calls for increased attention to research and theory in bioethics that more adequately accounts for the ways different contexts produce significant changes in meaning and understanding in medical encounters. (shrink)

After criticizing, Habermas's and Rawls's approaches to public reason,this book proposes social imaginaries, rather than constructed concepts, as the normative resource of public reasoning. Examples are drawn from debates over the display of the Confederate Flag, Ralph Ellison's exchange with Hannah Arendt over school desegregation, the controversy over Goldhagen's Hitler's Willing Executioners, and arguments over "the clash of civilizations.".

The main aim of this book is to introduce the topic of limited awareness, and changes in awareness, to those interested in the philosophy of decision-making and uncertain reasoning.

Recent epistemology has reflected a growing interest in the social dimension of the subject. This volume presents new work by leading philosophers on a wide range of topics in social epistemology, such as the nature of testimony, the epistemology of disagreement, and the social genealogy of the concept of knowledge.

Previous simulation models have found positive effects of cognitive diversity on group performance, but have not explored effects of diversity in demographics (e.g., gender, ethnicity). In this paper, we present an agent-based model that captures two empirically supported hypotheses about how demographic diversity can improve group performance. The results of our simulations suggest that, even when social identities are not associated with distinctive task-related cognitive resources, demographic diversity can, in certain circumstances, benefit collective performance by counteracting two types of conformity (...) that can arise in homogeneous groups: those relating to group-based trust and those connected to normative expectations towards in-groups. (shrink)

In this article I pursue two main lines of argument. First, I seek to delineate two distinctive modes of justifying imperialism found in nineteenth-century political thought (and beyond). The 'liberal civilizational'li model, articulated most prominently by John Stuart Mill, justified empire primarily in terms of the benefits that it brought to subject populations. Its proponents sought to 'civilize'lthe 'barbarian'. An alternative `republican' model focused instead on the benefits - glory, honour and power above all - that accrued to the imperial (...) state. Less concerned with spreading civilization, its proponents concentrated on fortifying the imperial polity. Second, I offer a 'republican' interpretation of the writings of the historian and public moralist J.A. Froude (1818-94), arguing that he both diagnosed the problems of modern Britain and prescribed imperial solutions to those problems, based on his reading of the fate of the Roman republic. (shrink)

A collection of essays and lectures from Henry Steele Commager, one of America's eminent historians. The focus is on the age of enlightenment, with particular attention to Thomas Jefferson, and how enlightenment philosophy shaped the birth of the United States.

Epistemic Angst offers a completely new solution to the ancient philosophical problem of radical skepticism—the challenge of explaining how it is possible to have knowledge of a world external to us. Duncan Pritchard argues that the key to resolving this puzzle is to realize that it is composed of two logically distinct problems, each requiring its own solution. He then puts forward solutions to both problems. To that end, he offers a new reading of Wittgenstein's account of the structure (...) of rational evaluation and demonstrates how this provides an elegant solution to one aspect of the skeptical problem. Pritchard also revisits the epistemological disjunctivist proposal that he developed in previous work and shows how it can effectively handle the other aspect of the problem. Finally, he argues that these two antiskeptical positions, while superficially in tension with each other, are not only compatible but also mutually supporting. The result is a comprehensive and distinctive resolution to the problem of radical skepticism, one that challenges many assumptions in contemporary epistemology. (shrink)

In his final original book, Battling to the End, Girard could hardly have been clearer: "Violence" he wrote, "can no longer be checked. From this point of view we can say that the apocalypse has begun."1Faced with the rise of global Islamist terror and the declaration of a "war against terror," Girard observed the collapse of politics as a mechanism to contain violence. History is not inevitably and dialectically converging on a rational Hegelian Aufhebung but has the pattern of a (...) duel, as observed by the Prussian military theorist Carl von Clausewitz after the defeat of the Prussian army by Napoleon's revolutionary French army at Jena. Far from converging on reconciliation, the logic of mimetic rivalry predicts... (shrink)

This article examines the design and situated employment of reported `private thoughts' in both everyday and institutional interaction. By reported `private thoughts' we mean the `active voicing' of utterances characterized as `private thought' done in the first place for the speaker-feeler, rather than the listener. Examples are drawn from a large UK collection of over 240 instances from domestic telephone calls, interview talk, therapy sessions, and patient—provider interactions. Instead of treating reported `private thoughts' as neutral and transparent descriptions of the (...) inner mind, we focus on their `brought off ' nature. Drawing on the cumulative resources of conversation analysis and discursive psychology, we focus on lexical and non-lexical features of their design and its similarity to direct reported speech. We go on to illustrate the flexibilities of positioning reporting `private thoughts' affords, that is, how they can be done for the self as a `one-off ', as generalized or hypothetical and how they can be done for others. Our analyses draw attention to how `private thoughts' might be considered as a speaker's resource for handling everyday rational accountability in reporting and explaining actions and events. (shrink)

Adam's vision -- Gloomy science -- The severest critic -- On the margins -- Voices in the air -- Grand illusions.

In a recent essay, John Norton proposes a material theory of induction, according to which all justification for inductive inference ultimately stems from the particular facts of the case at hand. Despite being sympathetic to the pluralistic spirit of this proposal, I argue that central controversies among leading theories of inductive inference turn not on material facts but upon normative judgments regarding the proper standards and aims of induction. Thus, a pluralistic approach to induction can be successfully developed only given (...) an explanation of how the choice of such aims and standards depends on features of particular cases. (shrink)

Although Ricoeur and Taylor are often grouped together, their conceptions of language, literature, and practical reason are very different. The first half of this essay focuses on Ricoeur's theory of triple mimesis and narrative, showing how his attempt to synthesize Kant, Husserl, and structuralism results in a formalism that blocks out the ontological, hermeneutical, and historical dimensions of literature and practical reason. The second half of the essay develops Taylor's ontological conception of public imagination and illustrates the dynamics of this (...) conception of language and interpretation by showing how literary works debate with each other over language, subjectivity, and reference. Narrative does not just order; it argues. (shrink)

The question as to the relation of the Socrates of the Platonic dialogues to the historical Socrates, over which an apparently endless and irreconcilable controversy has raged, is well raised by a passage from Cornford, Plato’s Theory of Knowledge , at page 28: “Anamnesis appears first in the middle group of dialogues and provides the link between the two Platonic doctrines—the eternal nature of the human soul and the ‘separate’ existence of Forms, the proper objects of knowledge. The probable inference (...) is that Anamnesis was a theory which squared the professions and practice of Socrates with Plato’s discovery of the separately existing Forms and his conversion from Socratic agnosticism to a belief in immortality.”. (shrink)

This paper explores Peter Jaffey’s views on the trust and fusion and some aspects of his wider private law theory which impact on his view on trusts law. It shows that, although he is correct that the trust involves both proprietary and personal rights, in the end his theory is ahistorical and unDworkinian, despite his acceptance of a view of law based on Dworkin. His theory is also based on implausible views of the role of equity post-Judicature Acts and the (...) ownership of value and does not adequately fit how trusts law works. (shrink)

Critics of functional explanations in social science maintain that such explanations are illegitimate unless a mechanism is specified. Others argue that mechanisms are not necessary for causal inference and that functional explanations are a type of causal claim that raise no special difficulties for testing. I show that there is indeed a special problem that confronts testing functional explanations resulting from their connection to second-order causal claims. I explain how mechanisms can resolve this difficulty, but argue that this does not (...) provide support for methodological individualism since it is not necessary that the mechanisms be described in terms of individual interactions. (shrink)

This article engages in debates about the potential for aesthetics to be a positive, ethical, and moral frame for relating to the environment. Human‐environment relations are increasingly tied up with aesthetics. We problematize this trend by contending that aesthetics is an insufficient paradigm to motivate and shape environmentalism because it exceptionalizes some landscapes while devaluing others. This article uses four illustrative case studies to complicate aesthetic environmentalist frames. These case studies indicate that even when positive aesthetic qualities are deployed in (...) environmentalist advocacy, their usefulness is mitigated by a range of factors including: sensationalization, obfuscation, and further degradation. (shrink)

Debates in feminist political philosophy often focus on what problematic(s) to use in order to understand normative ideals, gendered differences, and their histories. For the purposes of this chapter, I will contrast two important problematics in these debates, the procedural/deliberative politics in the tradition of Critical Theory, represented here by Seyla Benhabib, and the poststructuralist or postmodern politics, represented here by Judith Butler. The goal of the contrast will be to set up the contribution that Gadamer’s work can make to (...) contemporary feminist philosophy. (shrink)

Epistemological disjunctivism in outline -- Favouring versus discriminating epistemic support -- Radical scepticsim.

The value problem -- Unpacking the value problem -- The swamping problem -- fundamental and non-fundamental epistemic goods -- The relevance of epistemic value monism -- Responding to the swamping problem I : the practical response -- Responding to the swamping problem II : the monistic response -- Responding to the swamping problem III : the pluralist response -- Robust virtue epistemology -- Knowledge and achievement -- Interlude : is robust virtue epistemology a reductive theory of knowledge? -- Achievement without (...) achievement -- Back to the value problem -- Contra virtue epistemology -- Two master intuitions about knowledge -- Anti-luck virtue epistemology -- Interlude : is anti-luck virtue epistemology a reductive theory of knowledge? -- Diagnosing the structure of knowledge -- Back to the value problem -- The final value of achievements -- Understanding -- Understanding and epistemic luck -- Understanding and cognitive achievement -- Back to the value problem -- Two potential implications of the distinctive value of understanding thesis -- The traditional analytical project and the central tension -- Knowledge, evidence, and reasons -- Concepts versus phenomena -- The way ahead -- Perceptual-recognitional abilities -- Broad and narrow competence -- Avoiding reduction -- Perpetual-recognitional abilities -- Broad and narrow competence -- Avoiding reduction -- Perceptual knowledge and justified belief -- Closure and doxastic responsibility -- Knowledge from indicators -- Recognitional abilities again -- Detached standing knowledge -- Back to knowledge from indicators -- Taking stock -- Why knowledge matters -- Approaching the epistemology of testimony -- Telling and informing -- Acquiring true beliefs and acquiring knowledge through being told -- Access to facts about knowledge -- The modest route -- Fool's knowledge -- The distinctive value of knowledge -- Fool's justification -- Arguing from illusion -- The regress of justifications -- Transparency and knowledge -- Transparency and entitlement -- On trying to do without transparency -- Transparency and luminosity -- Non-sensible knowledge -- Self-knowledge -- Non-sensible knowledge of action -- The two dimensions -- The distinctive value of knowledge of action -- Non-observational knowledge -- Practical knowledge and intention -- Practical knowledge and direction of fit. (shrink)