In lieu of an abstract, here is a brief excerpt of the content:Introduction to the Special SectionFranklin G. MillerHappy is a female elephant who has been confined at the Bronx Zoo for over 40 years. In 2018 the Nonhuman Rights Project sued the Wildlife Conservation Society, which manages the zoo, seeking habeas corpus for Happy in order to release her to an elephant sanctuary. Numerous amicus curiae briefs were filed in favor and against the petition on behalf of Happy. The (...) case reached the highest court in New York State, which denied the petition of the plaintiff in June 2022.This special section includes views on the case of Happy by David DeGrazia, Martha Nussbaum, and Christine Korsgaard, three distinguished moral philosophers who have made significant contributions to animal ethics. The essays by Martha Nussbaum and Christine Korsgaard are drawn from the amicus briefs that they filed in the legal proceedings, which they agreed could be published here.Professor Nussbaum applies her "capabilities approach" as a foundation for promoting wellbeing and recognizing rights to Happy and to elephants in general. She argues that Happy is a being with a meaningful life and is entitled to be treated with respect and dignity, which is incompatible with her conditions of confinement at the zoo. Professor Korsgaard applies her understanding of the moral philosophy of Immanuel Kant to the case of Happy—a "cognitively sophisticated [End Page 1] animal" which, like human beings, should be treated as an end in herself and not merely as a means to the purposes of human beings. Professor DeGrazia, in an invited essay, analyzes the meanings of "person" and examines the pertinent characteristics of elephants that make them at least "borderline persons," with the moral status of possessing basic rights.While Happy remains confined at the Bronx Zoo, these three incisive contributions challenge readers to reflect on the ethical treatment of nonhuman animals, especially those with complex and rich capacities of intelligence and emotion. [End Page 2]Franklin G. MillerWeill Cornell Medical College, New YorkCopyright © 2023 Johns Hopkins University Press... (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks (...) a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

Whether or not quantum physics can account for molecular structure is a matter of considerable controversy. Three of the problems raised in this regard are the problems of molecular structure. We argue that these problems are just special cases of the measurement problem of quantum mechanics: insofar as the measurement problem is solved, the problems of molecular structure are resolved as well. In addition, we explore one consequence of our argument: that claims about the reduction or emergence of molecular structure (...) cannot be settled independently of the choice of a particular resolution to the measurement problem. Specifically, we consider how three standard putative solutions to the measurement problem inform our under- standing of a molecule in isolation, as well as of chemistry’s relation to quantum physics. (shrink)

This book is a study of ancient views about 'moral luck'. It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This book thus recovers a central dimension of Greek (...) thought and addresses major issues in contemporary ethical theory. One of its most original aspects is its interrelated treatment of both literary and philosophical texts. The Fragility of Goodness has proven to be important reading for philosophers and classicists, and its non-technical style makes it accessible to any educated person interested in the difficult problems it tackles. This new edition features an entirely new preface by Martha Nussbaum. (shrink)

A polemical account of Australian philosophy up to 2003, emphasising its unique aspects (such as commitment to realism) and the connections between philosophers' views and their lives. Topics include early idealism, the dominance of John Anderson in Sydney, the Orr case, Catholic scholasticism, Melbourne Wittgensteinianism, philosophy of science, the Sydney disturbances of the 1970s, Francofeminism, environmental philosophy, the philosophy of law and Mabo, ethics and Peter Singer. Realist theories especially praised are David Armstrong's on universals, David Stove's on logical probability (...) and the ethical realism of Rai Gaita and Catholic philosophers. In addition to strict philosophy, the book treats non-religious moral traditions to train virtue, such as Freemasonry, civics education and the Greek and Roman classics. (shrink)

Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated (...) in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy. (shrink)

This volume brings together Nussbaum's published papers on the relationship between literature and philosophy, especially moral philosophy. The papers, many of them previously inaccessible to non-specialist readers, explore such fundamental issues as the relationship between style and content in the exploration of ethical issues; the nature of ethical attention and ethical knowledge and their relationship to written forms and styles; and the role of the emotions in deliberation and self-knowledge. Nussbaum investigates and defends a conception of ethical understanding which involves (...) emotional as well as intellectual activity, and which gives a certain type of priority to the perception of particular people and situations rather than to abstract rules. She argues that this ethical conception cannot be completely and appropriately stated without turning to forms of writing usually considered literary rather than philosophical. It is consequently necessary to broaden our conception of moral philosophy in order to include these forms. Featuring two new essays and revised versions of several previously published essays, this collection attempts to articulate the relationship, within such a broader ethical inquiry, between literary and more abstractly theoretical elements. (shrink)

In Experiment, Right or Wrong, Allan Franklin continues his investigation of the history and philosophy of experiment presented in his previous book, The Neglect of Experiment. Using a combination of case studies and philosophical readings of those studies, Franklin again addresses two important questions: (1) What role does and should experiment play in the choice between competing theories and in the confirmation or refutation of theories and hypotheses? (2) How do we come to believe reasonably in experimental results? (...) Experiment, Right or Wrong makes a significant contribution to an important area in contemporary history and philosophy of science. Philosophers and historians of science, physicists, and advanced students in these areas will find much of interest in this engaging study. (shrink)

Mathematicians often speak of conjectures as being confirmed by evidence that falls short of proof. For their own conjectures, evidence justifies further work in looking for a proof. Those conjectures of mathematics that have long resisted proof, such as the Riemann hypothesis, have had to be considered in terms of the evidence for and against them. In recent decades, massive increases in computer power have permitted the gathering of huge amounts of numerical evidence, both for conjectures in pure mathematics and (...) for the behavior of complex applied mathematical models and statistical algorithms. Mathematics has therefore become (among other things) an experimental science (though that has not diminished the importance of proof in the traditional style). We examine how the evaluation of evidence for conjectures works in mathematical practice. We explain the (objective) Bayesian view of probability, which gives a theoretical framework for unifying evidence evaluation in science and law as well as in mathematics. Numerical evidence in mathematics is related to the problem of induction; the occurrence of straightforward inductive reasoning in the purely logical material of pure mathematics casts light on the nature of induction as well as of mathematical reasoning. (shrink)

Journal of Applied Philosophy, EarlyView.

This book provides the reader with a detailed and captivating account of the story where, for the first time, physicists ventured into proposing a new force of nature beyond the four known ones - the electromagnetic, weak and strong forces, and gravitation - based entirely on the reanalysis of existing experimental data. Back in 1986, Ephraim Fischbach, Sam Aronson, Carrick Talmadge and their collaborators proposed a modification of Newton's Law of universal gravitation. Underlying this proposal were three tantalizing pieces of (...) evidence: 1) an energy dependence of the CP (particle-antiparticle and reflection symmetry) parameters, 2) differences between the measurements of G, the universal gravitational constant, in laboratories and in mineshafts, and 3) a reanalysis of the Eötvos experiment, which had previously been used to show that the gravitational mass of an object and its inertia mass were equal to approximately one part in a billion. The reanalysis revealed that, contrary to Galileo's position, the force of gravity was in fact very slightly different for different substances. The resulting Fifth Force hypothesis included this composition dependence and also added a small distance dependence to the inverse-square gravitational force. Over the next four years numerous experiments were performed to test the hypothesis. By 1990 there was overwhelming evidence that the Fifth Force, as initially proposed, did not exist. This book discusses how the Fifth Force hypothesis came to be proposed and how it went on to become a showcase of discovery, pursuit and justification in modern physics, prior to its demise. In this new and significantly expanded edition, the material from the first edition is complemented by two essays, one containing Fischbach's personal reminiscences of the proposal, and a second on the ongoing history and impact of the Fifth Force hypothesis from 1990 to the present. <. (shrink)

Many philosophers of science are ontologically committed to a lush rainforest of special science entities ), but are often reticent about the criteria that determine which entities count as real. On the other hand, the metaphysics literature is much more forthcoming about such criteria, but often links ontological commitment to irreducibility. We argue that the irreducibility criteria are in tension with scientific realism: for example, they would exclude viruses, which are plausibly theoretically reducible and yet play a sufficiently important role (...) in scientific accounts of the world that they should be included in our ontology. In this paper, we show how the inhabitants of the rainforest can be inoculated against the eliminative threat of reduction: by demonstrating that they are emergent. According to our account, emergence involves a screening off condition as well as novelty. We go on to demonstrate that this account of emergence, which is compatible with theoretical reducibility, satisfies common intuitions concerning what should and shouldn't count as real: viruses are emergent, as are trouts and turkeys, but philosophically gerrymandered objects like trout-turkeys do not qualify. (shrink)

Shepherd propounds a theory of mind with a fair claim to be better than Hume’s at explaining the sources of commonly held human beliefs about causal necessity due largely to her relational theory of sense perception. In comparison with Hume’s account, it incorporates a more sophisticated treatment of mental representation, especially the role of relational structure and logical form. Most important, perhaps, Shepherd’s theory enforces the division, obscured by Hume, between the evidence of necessity and the metaphysical foundation of necessity.

Discussion about a dignified death has almost exclusively been applied to palliative care and people dying of cancer. As populations are getting older in the western world and living with chronic illnesses affecting their everyday lives, it is relevant to broaden the definition of palliative care to include other groups of people. The aim of the study was to explore the views on dignity at the end of life of 12 elderly people living in two nursing homes in Sweden. A (...) hermeneutic approach was used to interpret the material, which was gathered during semi-structured interviews. A total of 39 interviews were transcribed. The analysis revealed three themes: (1) the unrecognizable body; (2) fragility and dependency; and (3) inner strength and a sense of coherence. (shrink)

This indispensible collection brings together feminist theory and cultural studies, looking at issues such as pop culture and the media, science and technology, ...

A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum.

A pathbreaking new study of women and morality How do people decide what is "good" and what is "bad"? How does a society set moral guidelines -- and what happens when the behavior of various groups differs from these guidelines? Martha Saxton tackles these and other fascinating issues in Being Good , her history of the moral values prescribed for women in early America. Saxton begins by examining seventeenth-century Boston, then moves on to eighteenth-century Virginia and nineteenth-century St. Louis. (...) Studying women throughout the life cycle -- girls, young unmarried women, young wives and mothers, older widows -- through their diaries and personal papers, she also studies the variations due to different ethnicities and backgrounds. In all three cases, she is able to show how the values of one group conflicted with or developed in opposition to those of another. And, as the women's testimonies make clear, the emotional styles associated with different value systems varied. A history of American women's moral life thus gives us a history of women's emotional life as well. In lively and penetrating prose, Saxton argues that women's morals changed from the days of early colonization to the days of westward expansion, as women became at once less confined and less revered by their men -- and explores how these changes both reflected and affected trends in the nation at large. (shrink)

Animals obviously cannot have a right of free speech or a right to vote because they lack the relevant capacities. But their right to life and to be free of exploitation is no less fundamental than the corresponding right of humans, writes Julian H. Franklin. This theoretically rigorous book will reassure the committed, help the uncertain to decide, and arm the polemicist. Franklin examines all the major arguments for animal rights proposed to date and extends the philosophy in (...) new directions. _Animal Rights and Moral Philosophy_ begins by considering the utilitarian argument of equal respect for animals advocated by Peter Singer and, even more favorably, the rights approach that has been advanced by Tom Regan. Despite their merits, both are found wanting as theoretical foundations for animal rights. Franklin also examines the ecofeminist argument for an ethics of care and several rationalist arguments before concluding that Kant's categorical imperative can be expanded to form a basis for an ethical system that includes all sentient beings. Franklin also discusses compassion as applied to animals, encompassing Albert Schweitzer's ethics of reverence for life. He concludes his analysis by considering conflicts of rights between animals and humans. (shrink)

This study argues both that the proofs are ultimately unconvincing and that Plato was aware of the problems. The Phaedo is shown as a truly dialectical philosophical conversation about the immortality of the soul.

Plato’s Socrates says in the Phaedrus that we should “cut up each kind according to its species along its natural joints, and to try not to splinter any part, as a bad butcher might” (265e). In the Statesman Plato’s interlocutors make the similar suggestion that kinds should be divided from one another “limb by limb, like a sacrificial animal” (287c). This jointing metaphor is often used to illustrate the divisibility of the natural world into objective kinds or natural categories—such as (...) into particles like electrons, species, such as Homo sapiens, or even into sociological kinds like care-giver or psychological ones like fear. It has been thought that by dividing the world at its joints, we can lay bare the natural kinds; when we fail to so divide we splinter the world’s kinds like an incompetent butcher. In accordance with the metaphor, each bone in the animal body is likened to a category of things in the natural world. The claim that there is one natural set of joints at which we can physically separate the parts of the animal parallels the claim that there is a unique set of natural categories into which we should partition objects into species. Some, such as David Hull, say that this metaphor is “apt” (Hull 1989, 153) and others, like Ian Hacking, that it is “unsavory rubbish” (Hacking 1991, 111). Philip Kitcher is equally critical, writing that: “Plato gave us a vivid metaphor, suggesting that our classificatory task is like that of carving a beast at its joints. But that is just metaphor. I find it hard to give substance to the notion that nature is a beast with joints or that it comes with neat fenceposts that our scientific language must respect.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes (...) in the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)

A predominant ethical view holds that physician‐investigators should conduct their research with therapeutic intent. And since a physician offering a therapy wouldn't prescribe second‐rate treatments, the experimental intervention and the best proven therapy should appear equally effective. "Clinical equipoise" is necessary. But this perspective is flawed. The ethics of research and of therapy are fundamentally different, and clinical equipoise should be abandoned.

Mathematicians often speak of conjectures as being confirmed by evidence that falls short of proof. For their own conjectures, evidence justifies further work in looking for a proof. Those conjectures of mathematics that have long resisted proof, such as the Riemann hypothesis, have had to be considered in terms of the evidence for and against them. In recent decades, massive increases in computer power have permitted the gathering of huge amounts of numerical evidence, both for conjectures in pure mathematics and (...) for the behavior of complex applied mathematical models and statistical algorithms. Mathematics has therefore become (among other things) an experimental science (though that has not diminished the importance of proof in the traditional style). We examine how the evaluation of evidence for conjectures works in mathematical practice. We explain the (objective) Bayesian view of probability, which gives a theoretical framework for unifying evidence evaluation in science and law as well as in mathematics. Numerical evidence in mathematics is related to the problem of induction; the occurrence of straightforward inductive reasoning in the purely logical material of pure mathematics casts light on the nature of induction as well as of mathematical reasoning. (shrink)

Engaging in a dialogue with such major representatives of the dominant consensus as Kant, Habermas, and Rawls, and informed by the philosophical writings of ...

Animals obviously cannot have a right of free speech or a right to vote because they lack the relevant capacities. But their right to life and to be free of exploitation is no less fundamental than the corresponding right of humans, writes Julian H. Franklin. This theoretically rigorous book will reassure the committed, help the uncertain to decide, and arm the polemicist. Franklin examines all the major arguments for animal rights proposed to date and extends the philosophy in (...) new directions. _Animal Rights and Moral Philosophy_ begins by considering the utilitarian argument of equal respect for animals advocated by Peter Singer and, even more favorably, the rights approach that has been advanced by Tom Regan. Despite their merits, both are found wanting as theoretical foundations for animal rights. Franklin also examines the ecofeminist argument for an ethics of care and several rationalist arguments before concluding that Kant's categorical imperative can be expanded to form a basis for an ethical system that includes all sentient beings. Franklin also discusses compassion as applied to animals, encompassing Albert Schweitzer's ethics of reverence for life. He concludes his analysis by considering conflicts of rights between animals and humans. (shrink)

The ability to combine words into novel sentences has been used to argue that humans have symbolic language production abilities. Critiques of connectionist models of language often center on the inability of these models to generalize symbolically (Fodor & Pylyshyn, 1988; Marcus, 1998). To address these issues, a connectionist model of sentence production was developed. The model had variables (role‐concept bindings) that were inspired by spatial representations (Landau & Jackendoff, 1993). In order to take advantage of these variables, a novel (...) dual‐pathway architecture with event semantics is proposed and shown to be better at symbolic generalization than several variants. This architecture has one pathway for mapping message content to words and a separate pathway that enforces sequencing constraints. Analysis of the model's hidden units demonstrated that the model learned different types of information in each pathway, and that the model's compositional behavior arose from the combination of these two pathways. The model's ability to balance symbolic and statistical behavior in syntax acquisition and to model aphasic double dissociations provided independent support for the dual‐pathway architecture. (shrink)

The doctor patient relationship starts with a story. Doctors' notes, a patient's chart, the recommendations of ethics committees and insurance justifications all hinge on written and verbal narrative interaction. The "practice" of narrative profoundly affects decision making, patient health and treatment and the everyday practice of medicine. In this edited collection, the contributors provide conceptual foundations, practical guidelines and theoretical considerations central to the practice of narrative ethics.