Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

Coleman Hughes argues for a "colorblind" approach to morality and policy: we should try to treat people without regard to race. I argue that colorblindness is less feasible, and less desirable, than it sounds. Hughes conceives of race as being skin-deep, not the sort of thing one should care about. But in American politics, "races" are often really ethnic groups, defined by a shared culture and history -- two things that we might reasonably care about. A colorblind ethos asks (...) ethnic minorities not to be partial towards their group and to instead join in the "melting pot." Understandably, not everyone will want to do this, and the result is both a moral and practical challenge for colorblind politics. (Revising - email me if you'd like to see the draft.). (shrink)

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

Does metacognition--the capacity to self-evaluate one's cognitive performance--derive from a mindreading capacity, or does it rely on informational processes? Joëlle Proust draws on psychology and neuroscience to defend the second claim. She argues that metacognition need not involve metarepresentations, and is essentially related to mental agency.

"Audaces fortuna invat. Dynamin sophian kyle baraka. Many or few, always bold"--Front cover.

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

When an agent learns of an expert's credence in a proposition about which they are an expert, the agent should defer to the expert and adopt that credence as their own. This is a popular thought about how agents ought to respond to (ideal) experts. In a Bayesian framework, it is often modelled by endowing the agent with a set of priors that achieves this result. But this model faces a number of challenges, especially when applied to non-ideal agents (who (...) nevertheless interact with ideal experts). I outline these problems, and use them as desiderata for the development of a new model. Taking inspiration from Richard Jeffrey's development of Jeffrey conditioning, I develop a model in which expert reports are taken as exogenous constraints on the agent's posterior probabilities. I show how this model can handle a much wider class of expert reports (for example reports of conditional probabilities), and can be naturally extended to cover propositions for which the agent has no prior. (shrink)

In both the literal and metaphorical senses, it seemed as if 1970s America was running out of gas.

What is the proper role for scientists in policymaking? This paper explores various roles that scientists can play, with an eye to questions that these roles raise about value-neutrality and technocracy. Where much philosophical literature is concerned with the conduct of research or the transmission of research results to policymakers, I am interested in various non-research roles that scientists take on in policymaking. These include raising the alarm on issues, framing and conceptualising problems, formulating potential policies, assessing policy options for (...) expected efficacy, and more. I consider examples from climate change and Covid-19 policymaking. My intention is to encourage philosophers to expand their interest in values in science out from the conduct of research to the wide array of roles that scientists play in policymaking. The paper is therefore an overview of the landscape of potential research questions, rather than a presentation of a single argument. (shrink)

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

Microbes in the gastrointestinal tract are under selective pressure to manipulate host eating behavior to increase their fitness, sometimes at the expense of host fitness. Microbes may do this through two potential strategies: (i) generating cravings for foods that they specialize on or foods that suppress their competitors, or (ii) inducing dysphoria until we eat foods that enhance their fitness. We review several potential mechanisms for microbial control over eating behavior including microbial influence on reward and satiety pathways, production of (...) toxins that alter mood, changes to receptors including taste receptors, and hijacking of the vagus nerve, the neural axis between the gut and the brain. We also review the evidence for alternative explanations for cravings and unhealthy eating behavior. Because microbiota are easily manipulatable by prebiotics, probiotics, antibiotics, fecal transplants, and dietary changes, altering our microbiota offers a tractable approach to otherwise intractable problems of obesity and unhealthy eating. (shrink)

Roderich Tumulka’s GRWf theory offers a simple, realist and relativistic solution to the measurement problem of quantum mechanics. It is achieved by the introduction of a stochastic dynamical collapse of the wavefunction. An issue with dynamical collapse theories is that they involve an amendment to the Schrodinger equation; amending the dynamics of such a tried and tested theory is seen by some as problematic. This paper proposes an alteration to GRWf that avoids the need to amend the Schrodinger equation via (...) what might be seen as a primary set of solutions to the Schrodinger equation that satisfy a normalisation condition over space and time. The traditional Born-normalised solutions are shown to be conditionalisations of these primary solutions. (shrink)

In this acclaimed work, first published in 1986, world-renowned scholar Arthur C. Danto explored the inextricably linked but often misunderstood relationship between art and philosophy. In light of the book's impact--especially the essay "The End of Art," which dramatically announced that art ended in the 1960s--this enhanced edition includes a foreword by Jonathan Gilmore that discusses how scholarship has changed in response to it. Complete with a new bibliography of work on and influenced by Danto's ideas, _The Philosophical Disenfranchisement of (...) Art_ continues to be of interest to anyone who thinks seriously about art, as well as to philosophers, aestheticians, and art historians. (shrink)

Religion is an important element of end-of-life care on the paediatric intensive care unit with religious belief providing support for many families and for some staff. However, religious claims used by families to challenge cessation of aggressive therapies considered futile and burdensome by a wide range of medical and lay people can cause considerable problems and be very difficult to resolve. While it is vital to support families in such difficult times, we are increasingly concerned that deeply held belief in (...) religion can lead to children being potentially subjected to burdensome care in expectation of ‘miraculous’ intervention. We reviewed cases involving end-of-life decisions over a 3-year period. In 186 of 203 cases in which withdrawal or limitation of invasive therapy was recommended, agreement was achieved. However, in the 17 remaining cases extended discussions with medical teams and local support mechanisms did not lead to resolution. Of these cases, 11 (65%) involved explicit religious claims that intensive care should not be stopped due to expectation of divine intervention and complete cure together with conviction that overly pessimistic medical predictions were wrong. The distribution of the religions included Protestant, Muslim, Jewish and Roman Catholic groups. Five of the 11 cases were resolved after meeting religious community leaders; one child had intensive care withdrawn following a High Court order, and in the remaining five, all Christian, no resolution was possible due to expressed expectations that a ‘miracle’ would happen. (shrink)

In our paper, we distinguish between two forms of memory knowledge: experiential memory knowledge and stored memory knowledge. We argue that, mutatis mutandis, the case that Pritchard makes for epistemological disjunctivism regarding perceptual knowledge can be made for epistemological disjunctivism regarding experiential memory knowledge. At the same time, we argue against a disjunctivist account of stored memory knowledge.

The pace of change and, indeed, the sheer number of clinical ethics committees has accelerated during the COVID-19 pandemic. Committees were formed to support healthcare professionals and to operationalise, interpret and compensate for gaps in national and professional guidance. But as the role of clinical ethics support becomes more prominent and visible, it becomes ever more important to address gaps in the support structure and misconceptions as to role and remit. The recent case of Great Ormond Street Hospital for Children (...) NHS Foundation Trust v MX, FX and X, [21]–[23] and [58]) has highlighted the importance of patient/family representation at clinical ethics committee meetings. The court viewed these meetings as making decisions about such treatment. We argue that this misunderstands the role of ethics support, with treatment decisions remaining with the clinical team and those providing their consent. The considered review by clinical ethics committees of the moral issues surrounding complex treatment decisions is not a matter of determining a single ethical course of action. In this article, we consider current legal understandings of clinical ethics committees, explore current concepts of ethics support and suggest how they may evolve, considering the various mechanisms of the inclusion of patients and their representatives in ethics meetings which is not standard in the UK. (shrink)

The relationship between humanity and the soil is an increasingly important topic in social theory. However, conceptualisations of the soil developed by anticolonial thinkers at the high point of the movement for self-determination between the 1940s and the 1970s have remained largely ignored. This is a shame, not least because theorists like Eric Williams, Walter Rodney, Suzanne Césaire and Amílcar Cabral were concerned with the soil. Building on recent work on human-soil relations and decolonial ecology, we argue that these four (...) thinkers conceptualised the connection between soil, empire, and anticolonial revolt. Williams and Rodney ground understanding of soil degradation in global relations of economic power, while Césaire and Cabral reconceptualise postcolonial nationhood in terms of the mutability and diversity of the soil. The article concludes by suggesting that these two anticolonial counterpoints, global connectivity and more-than-human identification, anticipate and deepen contemporary attempts to decolonise ecological thinking. (shrink)

Since the publication of David Lewis’ Counterfactuals, the standard line on subjunctive conditionals with impossible antecedents (or counterpossibles) has been that they are vacuously true. That is, a conditional of the form ‘If p were the case, q would be the case’ is trivially true whenever the antecedent, p, is impossible. The primary justification is that Lewis’ semantics best approximates the English subjunctive conditional, and that a vacuous treatment of counterpossibles is a consequence of that very elegant theory. Another justification (...) derives from the classical lore than if an impossibility were true, then anything goes. In this paper we defend non-vacuism, the view that counterpossibles are sometimes non-vacuously true and sometimes non-vacuously false. We do so while retaining a Lewisian semantics, which is to say, the approach we favor does not require us to abandon classical logic or a similarity semantics. It does however require us to countenance impossible worlds. An impossible worlds treatment of counterpossibles is suggested (but not defended) by Lewis (Counterfactuals. Blackwell, Oxford, 1973), and developed by Nolan (Notre Dame J Formal Logic 38:325–527, 1997), Kment (Mind 115:261–310, 2006a: Philos Perspect 20:237–302, 2006b), and Vander Laan (In: Jackson F, Priest G (eds) Lewisian themes. Oxford University Press, Oxford, 2004). We follow this tradition, and develop an account of comparative similarity for impossible worlds. (shrink)

Corporate philanthropy describes the action when a corporation voluntarily donates a portion of its resources to a societal cause. Although the thought of philanthropy invokes feelings of altruism, there are many objectives for corporate giving beyond altruism. Meeting strategic corporate objectives can be an important if not primary goal of philanthropy. The purpose of this paper is to share insights from a strategic corporate philanthropic initiative aimed at increasing the pool of frontline customer contact employees who are performance-ready, while supporting (...) curriculum development and infrastructure improvement for selected university business programs, creating a win-win situation for the company and the universities. This paper will address three objectives. First, we will examine the evolution of strategic philanthropy from the traditional view to its current position as a strategic option. Second, we will address the recruitment of front line talent needs (customer facing jobs in sales, customer service, and marketing) based on the profit maximization model of strategic philanthropy. Finally, we will offer conclusions and issues for future research. (shrink)

There are many cases in which, by making some great sacrifice, you could bring about either a good outcome or a very good outcome. In some of these cases, it seems wrong for you to bring about the good outcome, since you could bring about the very good outcome with no additional sacrifice. It also seems permissible for you not to make the sacrifice, and bring about neither outcome. But together, these claims seem to imply that you ought to bring (...) about neither outcome rather than the good outcome. And that seems very counterintuitive. In this paper, I develop this problem, propose a solution, and then draw out some implications both for how we should understand supererogation and for how we should approach charitable giving. (shrink)

Throughout history up until present, many cultures have traditionally experienced the effects of verifiable healings, along with hexes, curses, witchcraft, voodoo, and other mysterious phenomena. These effects-many of which were elicited by unscientific means-were brought about by the beliefs and lore of the society. Even today, pharmaceutical companies use double- and triple-blind randomized studies in an attempt to exclude of the power of the mind over the body. In You Are the Placebo, Dr. Joe Dispenza explores the history, the science, (...) and the practical applications of the so-called placebo effect. Citing many amazing individual cases studies, this compelling book will empower you to personally use "the expectation of a particular outcome" to alter your internal states-as well as external reality-solely through the action of your mind. It offers the necessary understandings to change old beliefs and perceptions into new ones. In addition, it teaches a model of personal transformation that correlates with the placebo effect-without the need for any external influences ("placebos" such as sugar pills, saline injections, and so on). You Are the Placebo combines the latest research in neuroscience, biology, psychology, hypnosis, behavioral conditioning, and quantum physics to demystify the workings of the placebo effect. and show how the seemingly impossible can become possible. (shrink)

By pairing translations of _Gorgias_ and _Rhetoric_, along with an outstanding introductory essay, Joe Sachs demonstrates Aristotles response to Plato. If in the _Gorgias_ Plato probes the question of what is problematic in rhetoric, in _Rhetoric_, Aristotle continues the thread by looking at what makes rhetoric useful. By juxtaposing the two texts, an interesting "conversation" is illuminated—one which students of philosophy and rhetoric will find key in their analytical pursuits. Focus Philosophical Library translations are close to and are non-interpretative of (...) the original text, with the notes and a glossary intending to provide the reader with some sense of the terms and the concepts as they were understood by Aristotle and Plato’s immediate audience. (shrink)

In a time of increasing polarization, how can we address sensitive topics and ensure that university classrooms remain places of healthy discussions and ethical deliberations? This paper addresses this important question by drawing on unique qualitative data from our students’ accounts of their experience in an organizational ethics course. We developed the course using a novel pedagogical strategy centered around the creation of an artistic portfolio. We find that student engagement in an alternative individual space, such as the artistic portfolio, (...) supports them in developing (inter)personal skills in preparation for constructive participation in sensitive discussions and ethical deliberation in the classroom. Additionally, engagement with the artistic portfolio provides them with an alternative means for alleviating tension that arises from these discussions and a space for expressing their opinions. Our findings highlight the role of the portfolio as an individual safe haven that supports teachers in facilitating a positive classroom atmosphere and guides students through challenging discussions and deliberations intrinsic to responsible management education. Considering these new insights, we advocate for a shift from a collective to an individual perspective on safety in academia. This transition liberates the classroom from the constraints and limitations often associated with the establishment of collective safe spaces. (shrink)

ABSTRACT Shagrir and Sprevak explore the apparent necessity of representation for the individuation of digits in computational systems.1 1 I will first offer a response to Sprevak’s argument that does not mention Shagrir’s original formulation, which was more complex. I then extend my initial response to cover Shagrir’s argument, thus demonstrating that it is possible to individuate digits in non-representational computing mechanisms. I also consider the implications that the non-representational individuation of digits would have for the broader theory of computing (...) mechanisms. 1 The Received View: No Computation without Representation 2 Computing Mechanisms and Functional Individuation 3 Against Computational Externalism 4 Implications for the Mechanistic Account. (shrink)

Anthropology continues to develop both in terms of theory and in relation to the ways in which fieldwork is conducted. Dislocating Anthropology? seeks to capture and represent these developments through a collection of ethnographic essays that are cutting edge, but which do not represent a complete break with what has gone before. In recent years anthropologists have increasingly come to accept that fieldwork in bounded and discrete places is no longer tenable. People can no longer be represented in these static, (...) parochial terms. At the start of the 21st century, and with the possibility of internet connections almost anywhere, we have the potential to move even when we are stationary. Each of the contributors to this collection have identified and attempted to understand sets of relationships that are both temporally and spatially dynamic, that appear to flow into and out of 'the field.' Together, the chapters shed light on a number of methodological conundrums, or dislocations, relating, for example, to locality, identity, fieldwork, and reflexivity. The book is concerned with dislocation as both practice and process, and as such extends a theme that has arguably been central to Anthropology since Malinowski's Trobriand ethnography. (shrink)

This article will examine the case of Ms B, a woman with tetraplegia for a year, who, prior to rehabilitation or return to community life, sought a ruling that doctors may turn off her ventilator. The authors are people with disabilities. Their analysis focuses on the manner in which the High Court framed the case in terms of mental capacity, addressed the issue of suicide and ambivalence, and resolved informed consent and treatment alternative issues. While the disability community in the (...) US does not oppose the general right to refuse treatment, there is significant concern about lack of informed consent and denial of desired treatment alternatives, and the cavalier manner in which these factors have been dismissed. (shrink)

Derrida’s description of the aporia of decision-making is herein used to demonstrate how ethico-political concerns can already be found within the articulation of time and space as they are experienced by mortal beings, broadly understood.

This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this (...) subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance. (shrink)

This collection assembles Church's referee reports, Fitch's 1963 paper, and nineteen new papers on the knowability paradox.