BackgroundSome people with progressive neurological diseases find they need additional support with eating and drinking at mealtimes, and may require artificial nutrition and hydration. Decisions concerning artificial nutrition and hydration at the end of life are ethically complex, particularly if the individual lacks decision-making capacity. Decisions may concern issues of life and death: weighing the potential for increasing morbidity and prolonging suffering, with potentially shortening life. When individuals lack decision-making capacity, the standard processes of obtaining informed consent for medical interventions (...) are disrupted. Increasingly multi-professional groups are being utilised to make difficult ethical decisions within healthcare. This paper reports upon a service evaluation which examined decision-making within a UK hospital Feeding Issues Multi-Professional Team.MethodsA three month observation of a hospital-based multi-professional team concerning feeding issues, and a one year examination of their records. The key research questions are: a) How are decisions made concerning artificial nutrition for individuals at risk of lacking decision-making capacity? b) What are the key decision-making factors that are balanced? c) Who is involved in the decision-making process?ResultsDecision-making was not a singular decision, but rather involved many different steps. Discussions involving relatives and other clinicians, often took place outside of meetings. Topics of discussion varied but the outcome relied upon balancing the information along four interdependent axes: Risks, burdens and benefits; Treatment goals; Normative ethical values; Interested parties.ConclusionsDecision-making was a dynamic ongoing process with many people involved. The multiple points of decision-making, and the number of people involved with the decision-making process, mean the question of ‘who decides’ cannot be fully answered. There is a potential for anonymity of multiple decision-makers to arise. Decisions in real world clinical practice may not fit precisely into a model of decision-making. The findings from this service evaluation illustrate that within multi-professional team decision-making; decisions may contain elements of both substituted and supported decision-making, and may be better represented as existing upon a continuum. (shrink)

Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

Shearmur draws on his years as Popper's assistant, on unpublished material in the Hoover archive, and on wider themes within Popper's philosophy to offer striking critical re-interpretations of his ethical and social theory. This title available in eBook format. Click here for more information . Visit our eBookstore at: www.ebookstore.tandf.co.uk.

Popper was also a critic of the idea that it was possible – or necessary – to give a positive response to the problem of induction. He was also a critic of many probabilistic theories of induction. He suggested that instead of seeking for a positive way of resolving the problem of induction – or, more generally, of trying to justify our claims that our ideas were true – we should, instead be concerned to make our claims open to criticism. (...) All this, and its strengths and weaknesses, have been much discussed. But it seems to me that not enough attention has been paid to what is distinctive about Popper’s work – and to the question of how it addresses our various problem-situations today. (shrink)

ABSTRACT Constitutive panpsychism is the doctrine that macro-level consciousness—that is, consciousness of the sort possessed by certain composite things such as humans—is built out of irreducibly mental features had by some or all of the basic physical constituents of reality. On constitutive panpsychism, changes in macro-level consciousness amount to changes in either the way that micro-conscious entities ‘bond’ or the way that micro-conscious qualities ‘blend’. I pose the ‘Selection Problem’ for constitutive panpsychism—the problem of explaining how high-level functional states of (...) the brain ‘select’ micro-conscious qualities for bonding or blending. I argue that there are no empirically plausible solutions to this problem. (shrink)

A number of philosophers with a metaphysical orientation have criticized Making Things Happen for its failure to provide an account of the metaphysical foundations or grounds or truth-makers for causal and explanatory claims. This dialog attempts to respond to these objections and to raise some general concerns about some of the rhetoric and argumentative strategies employed in contemporary analytic metaphysics. It also explores some issues having to do with the relationship between methodology, understood as a core concern of philosophy of (...) science, and analytic metaphysics. (shrink)

In this paper, I introduce an account of aesthetic understanding. Recent discussions of aesthetic understanding have associated it with aesthetic justification and with understanding why, for example, a given object is aesthetically valuable. I introduce a notion of aesthetic understanding as a form of objectual understanding, which I refer to as ‘appreciative understanding’. Appreciative understanding is related to and partly constituted by an agent’s capacity to comprehend and experience an artwork holistically and to communicate effectively regarding its particular aesthetic character (...) and value. I then argue for the understanding account of aesthetic judgement on which the paradigmatic form of aesthetic judgement is grounded on appreciative understanding. This argument partly consists in demonstrating how the understanding account can explain the autonomy of aesthetic judgement. In closing, I explore the potential of the understanding account to explain the structure of our appreciative practices. That is, I put forward the view that our appreciative practices are structured so as to promote appreciative understanding. (shrink)

There are two competing models for how to understand Aquinas’s hylomorphic theory of material substances: the Simple Model, according to which material substances are composed of prime matter and substantial form, and the Expanded Model, according to which material substances are composed of prime matter, substantial form, and all of their accidental forms. In this paper, I first explain the main differences between these two models and show how they situate Aquinas’s theory of material substances in two different places within (...) the contemporary debate on concrete particulars, highlighting several advantages that Aquinas’s approach has over other varieties of substratum and bundle theory along the way. I then offer some reasons to think that the Expanded Model, as a theory of concrete particulars, is preferable. I argue that the Expanded Model avoids two major concerns for the Simple Model: the problem of extrinsicality, and the problem of too-many-possessors. (shrink)

This article discusses some philosophical theories of causation and their application to several areas of science. Topics addressed include regularity, counterfactual, and causal process theories of causation; the causal interpretation of structural equation models and directed graphs; independence assumptions in causal reasoning; and the role of causal concepts in physics. In connection with this last topic, this article focuses on the relationship between causal asymmetries, the time-reversal invariance of most fundamental physical laws, and the significance of differences among varieties of (...) differential equations in causal interpretation. It concludes with some remarks about “grounding” special science causal generalizations in physics. (shrink)

It is intuitive that free action depends on consciousness in some way, since behavior that is unconsciously generated is widely regarded as un-free. But there is no clear consensus as to what such dependence comes to, in part because there is no clear consensus about either the cognitive role of consciousness or about the essential components of free action. I divide the space of possible views into four: the Constitution View (on which free actions metaphysically consist, at least in part, (...) in phenomenally conscious episodes of a special sort), the Causal-Dependence View (on which free actions are necessarily caused by conscious episodes), the Counterfactaul-Dependence View (on which free actions necessarily counterfactually dependent on conscious episodes of certain types), and the Independence View (on which there are no necessary dependence-relations that hold between free action and conscious episodes). After surveying recent empirical literature that purports to show that consciousness plays a smaller role in generating action than is usually supposed, I conclude that it is plausible that free action depends on consciousness in two ways. First, free action causally depends on consciousness control. Second, free action counterfactually depends on the agent's being responsive to certain reasons. (shrink)

Participants in the cognitive phenomenology debate have proceeded by (a) proposing a bifurcation of theoretical options into inflationary and non-inflationary theories, and then (b) providing arguments for/against one of these theories. I suggest that this method has failed to illuminate the commonalities and differences among conscious intentional states of different types, in the absence of a theory of the structure of these states. I propose such a theory. In perception, phenomenal-intentional properties combine with somatosensory properties to form P-I property clusters (...) that serve as phenomenal modes of presentations of particulars. In imagination, somatosensory properties are replaced with phenomenal-intentional properties whose intentional objects are somatosensory properties, thus resulting in imaginative facsimiles of perceptual P-I property clusters. Such structures can then be used as phenomenal prototypes that pick out individuals and kinds. Sets of such prototypes constitute a subject’s conception of individuals and kinds. Combined with a few additional elements, these imaginative P-I property clusters serve as the building-blocks of conscious cognitive states. Different ways of carving up theoretical space classify my theory either as inflationary or as non-inflationary. I conclude that the theory is anti-inflationary in letter but inflationary in spirit. (shrink)

Slurring is a kind of hate speech that has various effects. Notable among these is variable offence. Slurs vary in offence across words, uses, and the reactions of audience members. Patterns of offence aren’t adequately explained by current theories. We propose an explanation based on the unjust power imbalance that a slur seeks to achieve. Our starting observation is that in discourse participants take on discourse roles. These are typically inherited from social roles, but only exist during a discourse. A (...) slurring act is a speech-act that alters the discourse roles of the target and speaker. By assigning discourse roles the speaker unjustly changes the power balance in the dialogue. This has a variety of effects on the target and audience. We show how these notions explain all three types of offence variation. We also briefly sketch how a role and power theory can help explain silencing and appropriation. Explanatory power lies in the fact that offence is correlated with the perceived unjustness of the power imbalance created. (shrink)

The Negation Problem states that expressivism has insufficient structure to account for the various ways in which a moral sentence can be negated. We argue that the Negation Problem does not arise for expressivist accounts of all normative language but arises only for the specific examples on which expressivists usually focus. In support of this claim, we argue for the following three theses: 1) a problem that is structurally identical to the Negation Problem arises in non-normative cases, and this problem (...) is solved once the hidden quantificational structure involved in such cases is uncovered; 2) the terms ‘required’, ‘permissible’, and ‘forbidden’ can also be analyzed in terms of hidden quantificational structure, and the Negation Problem disappears once this hidden structure is uncovered; 3) the Negation Problem does not arise for normative language that has no hidden quantificational structure. We conclude that the Negation Problem is not really a problem about expressivism at all but is rather a feature of the quantificational structure of the required, permitted, and forbidden. (shrink)

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Angela Mendelovici’s book The Phenomenal Basis of Intentionality is a paradigm-establishing monograph within the phenomenal intentionality research program. Mendelovici argues that extant theories of intentionality that do not appeal to consciousness are both empirically and metaphysically inadequate, and a coherent, consciousness-based alternative can adequately explain (or explain away) all alleged cases of intentionality. While I count myself a fellow traveler, I discuss four choice-points where Mendelovici has taken, I believe, the wrong fork. (1) The explanatory relation that holds between intentional (...) and phenomenal properties is not identity but realization. (2) The mechanism that generates derivatively representational states is not content self-ascription but neural re-wiring. (3) The source of semantic structure within phenomenal-intentional states is not external structure and/or second-order co-instantiation but primitive phenomenal ascription. (4) The mode of presence of contents within phenomenal-intentional states is not being part of a superficial characterization, but being monadically present as an intentional object. (shrink)

In the recent literature on all things metaontological, discussion of a notorious Meinongian doctrine—the thesis that some objects have no kind of being at all—has been conspicuous by its absence. And this is despite the fact that this thesis is the central element of the noneist metaphysics of Richard Routley (1980) and Graham Priest (2005). In this paper, we therefore examine the metaontological foundations of noneism, with a view to seeing exactly how the noneist's approach to ontological inquiry differs from (...) the orthodox Quinean one. We proceed by arguing that the core anti-Quinean element in noneism has routinely been misidentified: rather than concerning Quine's thesis that to be is to be the value of a variable, the real difference is that the noneist rejects what we identify as Quine's “translate-and-deflate” methodology. In rejecting this aspect of Quinean orthodoxy, the noneist is in good company: many of those who think that questions of fundamentality should be the proper focus of ontological inquiry can be read as rejecting it too. Accordingly, we then examine the differences between the noneist's conception of ontology and that offered by the fundamentalist. We argue that these two anti-Quinean approaches differ in terms of their respective conceptions of the theoretical role associated with the notion of being. And the contrast that emerges between them is, in the end, an explanatory one. (shrink)

Introduces history's greatest philosophers and explains their major contributions to the field of philosophy, profiling such figures as Francis Bacon, David Hume, John Stuart Mill, and Bertrand Russell.

I discuss three tiers of technological innovation: mild innovation, or the acceleration by technology of a human activity aimed at a good; moderate innovation, or the obviation by technology of an activity aimed at a good; and radical innovation, or the altering by technology of the human condition so as to change what counts as a good. I argue that it is impossible to morally assess proposed innovations within any of these three tiers unless we rehabilitate a natural-law ethical framework. (...) And I offer some moral starting points within such a framework, in connection with innovations of each of the three types. (shrink)

Introduction -- Fallibilism -- Contextualism -- Knowledge and reasons -- Justification -- Belief -- The value and importance of knowledge -- Infallibilism or pragmatic encroachment? -- Appendix I: Conflicts with bayesian decision theory? -- Appendix II: Does KJ entail infallibilism?

Contemporary accounts of the concept of exploitation can be grouped into camps that tie the wrongness of taking advantage of another person to: (1) the unfair division of benefits resulting from an interaction; (2) excessive benefits resulting from structural injustice; and (3) a failure of respect for others’ humanity. In practice, accounts of exploitation that focus on the fairness of benefits resulting from individual transactions and, to a lesser degree, unjust social and economic institutions have dominated the applied ethics literature (...) using the concept of exploitation. However, fairness-based accounts of exploitation have a difficult time explaining a common dimension of purportedly exploitative cases in the press and academic literature—namely the absolute deprivation of and/or experience of injustice by victims of exploitation. In this paper, I argue that a respect-based account can explain how exploitation arises both from individual interactions and against a backdrop of injustice. Specifically, our connections with one another and social and economic institutions specify the duty of beneficence and political responsibility to promote just institutions. Exploitation takes place when people fail to act on these specified obligations in favor of their own benefit. (shrink)

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

We offer a general framework for theorizing about the structure of knowledge and belief in terms of the comparative normality of situations compatible with one’s evidence. The guiding idea is that, if a possibility is sufficiently less normal than one’s actual situation, then one can know that that possibility does not obtain. This explains how people can have inductive knowledge that goes beyond what is strictly entailed by their evidence. We motivate the framework by showing how it illuminates knowledge about (...) the future, knowledge of lawful regularities, knowledge about parameters measured using imperfect instruments, the connection between knowledge, belief, and probability, and the dynamics of knowledge and belief in response to new evidence. (shrink)

_A Sceptical Theory of Scientific Inquiry: Problems and Their Progress_ presents a striking re-interpretation of Popper’s ‘critical rationalism’. Briskman stresses methodological argument rather than metaphysics, develops a ‘Popperian’ response to the Meno Paradox, and takes further Briskman’s approach to problems concerning creativity.

It's often said that according to deflationary theories of truth, truth is not a ‘substantial’ property. While this is a fine slogan, it is far from transparent what deflationists mean (or ought to mean) in saying that truth is ‘insubstantial’. Focusing so intently upon the concept of truth and the word ‘true’, I argue, deflationists and their critics have been insufficiently attentive to a host of metaphysical complexities that arise for deflationists in connection with the property of truth. My aim (...) is to correct several misunderstandings as to what deflationists are after here—including some harboured by deflationists themselves—and to offer an account of the commitments about truth's nature that they ought to undertake. In developing this account, I focus particularly upon the issue of what metaphysics of truth a Horwichian minimalist ought to adopt. (shrink)

How is what we believe related to how we act? That depends on what we mean by ‘believe’. On the one hand, there is what we're sure of: what our names are, where we were born, whether we are sitting in front of a screen. Surety, in this sense, is not uncommon — it does not imply Cartesian absolute certainty, from which no possible course of experience could dislodge us. But there are many things that we think that we are (...) not sure of. For example, you might think that it will rain sometime this month, but not be sure that it will. Both what we're sure of and what we think have important normative connections to action. But the connections are quite different. This paper explores these issues with respect to assertion, inquiry, and decision making. We conclude by arguing that there is no theoretically significant notion of ‘full belief’ intermediate in strength between thinking and being sure. (shrink)

As a disabled activist, I much prefer Aristotle's concept of ‘eu zen’, or ‘living well’ to that of ‘well-being’. ‘Eu zen’ is part of Aristotle's treatise on ‘eudaimonia’, which Grayling describes as: ‘…. a strong and satisfying sense of well-being and well-doing, of flourishing as only a rational and feeling human individual can flourish when his life and relationships are good’ (emphasis added). Aristotle's concepts are preferable because they promote ‘well-being’ through familial, social and civic activity, whilst recognising that such (...) activity requires resources, both human and material. These concepts are akin to those advocated by disabled people within the ‘independent living movement’; i.e. that the individual's ‘choice’, ‘control’, ‘dignity’ and ‘freedom’, over their lives and lifestyles, are supported by an inclusive community. However, both sets of principles are now being undermined by neoliberal managerial social work practice, which not only deny basic human rights which underpin ‘eu zen’, but lead to fear and a sense of ‘commodification’ or de-personalisation among disabled recipients. Relevant examples will come from experience, both personal as well as that from other disabled people. (shrink)

Debates about the semantics and pragmatics of predicates of personal taste have largely centered on contextualist and relativist proposals. In this paper, I argue in favor of an alternative, absolutist analysis of PPT. Theorists such as Max Kölbel and Peter Lasersohn have argued that we should dismiss absolutism due to its inability to accommodate the possibility of faultless disagreement involving PPT. My aim in the paper is to show how the absolutist can in fact accommodate this possibility by drawing on (...) an account of faultless disagreement that improves upon a recent proposal due to Karl Schafer. In amending Schafer’s proposal, I put forward an empirically informed view of our beliefs regarding matters of personal taste, as well as an account of our assertions concerning such matters. I also argue that absolutists should take disagreement about these matters to be conative, rather than doxastic, in nature. The anticipated result is an independently compelling account of faultless disagreement about matters of personal taste that fits naturally with absolutism. (shrink)