The thesis of this article is that there has never been any ground for the controversy between the doctrine of free will and determinism, that it is based upon a misapprehension, that the two assertions are entirely consistent, that one of them strictly implies the other, that they have been opposed only because of our natural want of the analytical imagination. In so saying I do not tamper with the meaning of either phrase. That would be unpardonable. I mean free (...) will in the natural and usual sense, in the fullest, the most absolute sense in which for the purposes of the personal and moral life the term is ever employed. I mean it as implying responsibility, merit and demerit, guilt and desert. I mean it as implying, after an act has been performed, that one " could have done otherwise " than one did. I mean it as conveying these things also, not in any subtly modified sense but in exactly the sense in which we conceive them in life and in law and in ethics. These two doctrines have been opposed because we have not realised that free will can be analysed without being destroyed, and that determinism is merely a feature of the analysis of it. And if we are tempted to take refuge in the thought of an "ultimate ", an "innermost" liberty that eludes the analysis, then we have implied a deterministic basis and constitution for this liberty as well. For such a basis and constitution lie in the idea of liberty. -/- The thesis is not, like that of Green or Bradley, that the contending opinions are reconciled if we adopt a certain metaphysic of the ego, as that it is timeless, and identifies itself with a desire by a " timeless act". This is to say that the two are irreconcilable, as they are popularly supposed to be, except by a theory that delivers us from the conflict by taking us out of time. Our view on the contrary is that from the natural and temporal point of view itself there never was any need of a reconciliation but only of a comprehension of the meaning of terms. (The metaphysical nature of the self and its identity through time is a problem for all who confront memory, anticipation, etc.; it has no peculiar difficulties arising from the present problem.) -/- I am not maintaining that determinism is true; only that it is true insofar as we have free will. That we are free in willing is, broadly speaking, a fact of experience. That broad fact is more assured than any philosophical analysis. It is therefore surer than the deterministic analysis of it, entirely adequate as that in the end appears to be. But it is not here affirmed that there are no small exceptions, no slight undetermined swervings, no ingredient of absolute chance. All that is here said is that such absence of determination, if and so far as it exists, is no gain to freedom, but sheer loss of it; no advantage to the moral life, but blank subtraction from it. -- When I speak below of "the indeterminist" I mean the libertarian indeterminist, that is, him who believes in free will and holds that it involves indetermination. (shrink)

The Uniform Determination of Death Act (UDDA) provides that “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.” We show that the UDDA contains two conflicting interpretations of the phrase “cessation of functions.” By one interpretation, what matters for the determination of death is the cessation of spontaneous functions only, regardless of their generation by artificial means. By the (...) other, what matters is the cessation of both spontaneous and artificially supported functions. Because each UDDA criterion uses a different interpretation, the law is conceptually inconsistent. A single consistent interpretation would lead to the conclusion that conscious individuals whose respiratory and circulatory functions are artificially supported are actually dead, or that individuals whose brain is entirely and irreversibly destroyed may be alive. We explore solutions to mitigate the inconsistency. (shrink)

The present study aimed to examine how to improve the effectiveness of moral exemplar-applied interventions based on the pillars of the Self-Determination Theory (SDT) framework, autonomy, competence, and relatedness. Past research has mainly focused on the relatedness and attainability of moral exemplars for predicting motivation outcomes. The data for this study consisted of synthesized data sets from previous studies examining the motivational impacts of distinct moral exemplars and intervention methods. The main syntheses for these data sets used Multilevel Modeling (MLM) (...) focusing on relatability, attainability, and intervention methods, corresponding to relatedness, competence, and autonomy in the SDT, respectively, as predictors. In general, there was a significant interaction effect between the attainability or relatability, and the intervention method. Autonomous instruction methods, which support autonomy, were demonstrated to boost motivational outcomes. Implications from this study support the employment of SDT to examine the use of moral exemplars in moral education and were consistent with previous exemplar studies. (shrink)

A unique synthesis of the contemporary, Anglo-American philosophical approach with an abiding concern for classical philosophical problems. This book seeks to clarify the precise structure of self-consciousness and self-determination and elucidates their significance for our philosophical understanding of self-knowledge and human agency.The analysis challenges traditional models of theoretical self-knowledge and practical self-relation and elaborates an account of rationally grounded responsibility that jointly fulfills the demands of autonomy and authenticity.Tugendhat's study is a unique synthesis of the contemporary Anglo-American philosophical approach with (...) an abiding concern for classical philosophical problems. It brings the methods of linguistic analysis to bear on such epistemological, moral, and metaphysical issues as the meaning and interconnections of self-knowledge, ego identity, rational self-understanding, and freedom of the will. In this context, the views of Wittgenstein, Heidegger, Mead, and Hegel are searchingly examined. The philosophical testimony of Kierkegaard, Freud, Habermas, and others is also presented and weighed. Self-Consciousness and Self-Determination is based on a series of lectures given at Heidelberg. The book is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

ABSTRACT If acting morally can be viewed as acting consistently with a moral principle or rule, then being a person with moral integrity can be viewed as consistently applying moral principles or rules across different types of situations. We advance a view of moral integrity that incorporates three distinct, but interrelated, types of moral consistency: cognitive, emotional and motivational moral consistency. Our approach is based on Self-Determination Theory, a motivational theory that can explain when a moral rule becomes the primary (...) motive for behavior. We argue that moral integrity is achieved when a person acts on the basis of an internal moral system of principles, emotions and motives and provide an account of the way that it develops during a person’s interaction with the environment. (shrink)

I discuss how modern cosmology illustrates under-determination of theoretical hypotheses by data, in ways that are different from most philosophical discussions. I emphasise cosmology's concern with what data could in principle be collected by a single observer ; and I give a broadly sceptical discussion of cosmology's appeal to the cosmological principle as a way of breaking the under-determination.I confine most of the discussion to the history of the observable universe from about one second after the Big Bang, as described (...) by the mainstream cosmological model: in effect, what cosmologists in the early 1970s dubbed the ‘standard model’, as elaborated since then. But in the closing Section 4, I broach some questions about times earlier than one second. (shrink)

This paper explores the options available to the anti-realist to defend a Quinean empirical under-determination thesis using examples of dualities. I first explicate a version of the empirical under-determination thesis that can be brought to bear on theories of contemporary physics. Then I identify a class of examples of dualities that lead to empirical under-determination. But I argue that the resulting under-determination is benign, and is not a threat to a cautious scientific realism. Thus dualities are not new ammunition for (...) the anti-realist. The paper also shows how the number of possible interpretative options about dualities that have been considered in the literature can be reduced, and suggests a general approach to scientific realism that one may take dualities to favour. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I examine (...) the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

It seems to be a platitude that there must be a close connection between causality and the laws of nature: the laws somehow cover in general what happens in each specific case of causation. But so-called singularists disagree, and it is often thought that the locus classicus for that kind of dissent is Anscombe's famous Causality & Determination. Moreover, it is often thought that Anscombe's rejection of determinism is premised on singularism. In this paper, I show that this is a (...) mistake: Anscombe is not a singularist, but in fact only objects to a very specific, Humean understanding of the generality of laws of nature and their importance to causality. I argue that Anscombe provides us with the contours of a radically different understanding of the generality of the laws, which I suggest can be fruitfully developed in terms of recently popular dispositional accounts. And as I will show, it is this account of laws of nature (and not singularism) that allows for the possibility of indeterminism. (shrink)

I IT is often declared or evidently assumed that causality is some kind of necessary connexion, or alternatively, that being caused is — non-trivially ...

The fundamental determinant of death in donation after circulatory determination of death is the cessation of brain circulation and function. We therefore propose the term donation after brain circulation determination of death [DBCDD]. In DBCDD, death is determined when the cessation of circulatory function is permanent but before it is irreversible, consistent with medical standards of death determination outside the context of organ donation. Safeguards to prevent error include that: 1] the possibility of auto-resuscitation has elapsed; 2] no brain circulation (...) may resume after the determination of death; 3] complete circulatory cessation is verified; and 4] the cessation of brain function is permanent and complete. Death should be determined by the confirmation of the cessation of systemic circulation; the use of brain death tests is invalid and unnecessary. Because this concept differs from current standards, consensus should be sought among stakeholders. The patient or surrogate should provide informed consent for organ donation by understanding the basis of the declaration of death. In cases of circulatory cessation, such as occurs in DBCDD, death can be defined as the permanent cessation of brain functions, determined by the permanent cessation of brain circulation. (shrink)

This paper argues that Spinoza's notions of “conatus” and “power of acting” are derived by means of generalization from the notions of “force of motion” and “force of determination” that Spinoza discussed in his Principles of Cartesian Philosophy to account for interactions among bodies on the basis of their degrees of contrariety. I argue that in the Ethics, Spinoza's ontology entails that interactions must always be accounted for in terms of degrees of “agreement or disagreement in nature” among interacting things. (...) The notion of “power of acting” is used to express the extent to which a thing's conatus is aided or restrained by external causes on the basis of its degree of agreement or disagreement in nature with them. “Power of acting” generalizes the same approach and method of resolution at the basis of the notion of “force of determination” in order to account for causal interactions not only among the simplest bodies but also among more complex individuals. (shrink)

Proponents of global egalitarian justice often argue that their positions are compatible with the principle of self-determination. At the same time, prominent arguments in favor of global egalitarianism object to one central component of the principle: namely, that the borders of states (or other political units) are normatively significant for the allocation of rights and duties; that duties of justice and democratic rights should stop or change at borders. In this article, I propose an argument in defense of the normative (...) significance of territorial boundaries that draws on a political interpretation of the principle of self-determination. The political interpretation is distinct from the two major approaches to self-determination: the national and the democratic. It makes a twofold contribution to the debates about global justice and democracy; while it (a) challenges the position that political memberships and political borders are morally arbitrary; it (b) helpsdefine the realm of permissible autonomy for self-governing political units, which does not ignore duties to nonmembers and outsiders. (shrink)

본 논문은 의료기술이 발달하면서 등장하게 된 다양한 도덕적 문제 가운데 하나로, 회복 불가능한 환자에 대한 심폐소생술 결정 문제 및 최근 제정된 연명의료결정법 의 자기결정권에 대해 살펴보고자 한다. 연명의료결정법 이 제정되기 이전 한국사회에서는 회복불가능한 환자의 심폐소생술 시행 여부를 가족이 결정하는 특징을 보였으며, 이는 한국사회 특유의 유교적 정서로 논의되곤 했다. 연명의료결정법 의 등장 이후, 연명의료결정의 주요 주체는 환자 자신으로 전환되었으며 그 주요 근거는 자기결정권이다. 본 논문에서는 이러한 한국사회에서 가족결정 중심의 심폐소생술 금지 논의에서 자기결정권 중심의 연명의료결정법 으로의 전환을 살펴보고, 자기결정권과 관련하여 보충되어야 할 (...) 논의들과 연명의료결정법 의 철학적 근거가 되어야 할 生의 문제, 죽음에 대한 관점 등을 『周易』을 통해 살펴보고자 한다. 특히 주역의 연대적 生철학, 죽음이 아닌 마무리지어가는 과정을 중시하는 終始에 기반 한 死生觀을 통해, 연명의료결정법 에 보완되어야 할 사유를 논의해 보고자 한다. (shrink)

본 논문에서는 율곡의 ‘학문’관을 바탕으로 하여 ‘입지’론을 구체적으로 분석하였다. 여기에서 율곡이 ‘학문’을 단순히 지식을 추구하고 쌓아 나아가는 것이 아니라, 사람세상의 일원으로 참여하며 함께 살아갈 수 있는 사람 됨됨이를 갖추게 하는 것이라고 함을 논하였다. 이렇게 보면, 율곡에게서 학문 · 배움은 사(私)의 영역에 있는 것이 아니라 공(公)의 차원에 설정되어 있는 것이라 할 수 있다. 이를 율곡이 ‘입지’의 네 절목으로서 들고 있는 ‘횡거사구(橫渠四句)’를 통해 확인하였다. 같은 맥락에서 송유(宋儒)들에게서 비롯된 ‘희성(希聖)’관이 율곡의 ‘입지’론의 근거임을 밝혔고 율곡이 말하는 공부(工夫)의 요체에 대해서도 논했다. 이렇게 함으로써 필자는 율곡 (...) ‘입지’론의 논리적 근거를 확실히 하고 그 실현가능성을 담보하였다고 본다.BR 나아가 필자가 본 논문에서 한국병의 하나로서 지목한 ‘사교육의 만연’에 ‘입신양명(立身揚名)’이라는 이념[ideology]이 병인(病因)으로서 자리 잡고 있음을 밝혔다. 한국인들이 이를 위해 매진하다보니 사교육에 의존하게 되는데, 이 사교육이 한국인들을 평생에 걸쳐 옭죄는 족쇄로서 작용하고, 그 결과 한국인들이 행복할 수 없는 삶으로 점철함을 논하였다.BR 필자는 여기에서 이 ‘입신양명’이 우리 국가공동체의 구성원들로 하여금 철저하게 사(私)의 차원에서 문제를 해결하도록 하는 데 특성이 있음을 지적하였다. 따라서 학문과 배움을 공(公)의 차원에 설정하고 있는 율곡의 ‘입지’론이 그 대척점에 있는 것으로서, 이념으로서의 ‘입신양명’을 극복할 수 있는 대안임을 논하였다. 필자는 율곡의 이러한 ‘입지’론에서라면 사교육이 싹틀 수 있는 여지자체가 없으며, 그 토양 자체가 원천적으로 배제되어 있음을 이러한 근거에서 논하였다. 아울러 그의 ‘입지’론과 궤를 같이하는 ‘군자’론이, ‘입신양명’에서 배제된 삶을 사는 사람들에게 열패감을 주지 않고 오히려 행복으로 이끌 수 있는 것임을 논의하였다. (shrink)

Current controversies about knowledge integration reflect conflicting ideas of what it means to “take Indigenous knowledge seriously”. While there is increased interest in integrating Indigenous and Western scientific knowledge in various disciplines such as anthropology and ethnobiology, integration projects are often accused of recognizing Indigenous knowledge only insofar as it is useful for Western scientists. The aim of this article is to use tools from philosophy of science to develop a model of both successful integration and integration failures. On the (...) one hand, I argue that cross-cultural recognition of property clusters leads to an ontological overlap that makes knowledge integration often epistemically productive and socially useful. On the other hand, I argue that knowledge integration is limited by ontological divergence. Adequate models of Indigenous knowledge will therefore have to take integration failures seriously and I argue that integration efforts need to be complemented by a political notion of ontological self-determination. (shrink)

In this pathbreaking book Mitchell Aboulafia considers the development of the sense of self by critically analyzing the philosophies of George Herbert Mead--an American pragmatist who argues that self-consciousness results from social interaction through language and symbol--and of Jean-Paul Sartre, the existentialist who maintains that consciousness is free to create the self. Building on their work, Aboulafia provides an original analysis of consciousness and self-determination.

Papers addressing the role which human motivation plays in a wide range of specialties including clinical psychology, internal medicine, sports psychology, ...

Mental and neural states are related to one another by vertical interlevel relations and by horizontal intralevel relations. For particular choices of such relations, problems arise if causal efficacy is ascribed to mental states. In a series of influential papers and books, Kim has presented his much discussed “supervenience argument,” which ultimately amounts to the dilemma that mental states either are causally inefficacious or they hold the threat of overdetermining neural states. Forced by this disjunction, Kim votes in favor of (...) overdetermination and, ultimately, reduction. We propose a perspective on mental causation that dissolves the assumption of a tension between horizontal and vertical determination. For mental states to be causally efficacious, they must be dynamically stable. This important requirement can be implemented by combining a key idea of supervenience, multiple realization, with the recently introduced vertical interlevel relation of contextual emergence. Both together deflate Kim's dilemma and reflate the causal efficacy of mental states. 2012 APA, all rights reserved). (shrink)

Global climate change is likely to become a major cause of future migration. Small Island States are particularly vulnerable since territorial destruction caused by sea level rise poses a threat to their entire existence. This raises important issues concerning state sovereignty and self-determination. Is it possible for a state to remain self-determining even if it lacks a stable population residing on a specific territory? It has been suggested that migrants from disappearing Small Island States could continue to exercise sovereign control (...) over their abandoned territory. Such an arrangement would allow them to retain a measure of self-determination. The question posed in this paper is whether this ?deterritorialized state proposal? is conceptually plausible and normatively acceptable. It is argued that the proposal is conceptually plausible if we adopt a gradual understanding of ?self-determination?, but that its normative acceptability is weak even if it is supplemented with compensatory measures. (shrink)

This article focuses on the transformation of the female reproductive body with the use of assisted reproduction technologies under neo-liberal economic globalisation, wherein the ideology of trade without borders is central, as well as under liberal feminist ideals, wherein the right to self-determination is central. Two aspects of the body in western medicine—the fragmented body and the commodified body, and the integral relation between these two—are highlighted. This is done in order to analyse the implications of local and global transactions (...) in women’s reproductive body parts for their right to self-determination and individual agency and what this means for their embodiment. We conclude by exploring whether women can become embodied subjects by exercising their proprietary right to their bodies through directing technology to achieve their own goals, while at the same time being fragmented into parts and losing their personhood and bodily integrity. (shrink)

In this article, I offer responses to five commentaries on my recently published book, Cosmopolitan Peace. Those articles address my conception of individual and collective agency, my account of self-determination (and its implication for the problem of annexation during and after the war), and my accounts of, respectively, reparations and remembrance after war. I revise or provide further defences of those accounts in the light of my commentators’ probing remarks.

In order to be a self-governing agent, a person must govern the process by means of which she acquires the intention to act as she does. But what does governing this process require? The standard compatibilist answers to this question all assume that autonomous actions differ from nonautonomous actions insofar as they are a more perfect expression of the agent’s agency. I challenge this conception of autonomous agents as super agents. The distinguishing feature of autonomous agents is, I argue, the (...) nonagential role they play in the formation of their intentions. I offer an account of the relevant role. (shrink)

Biologists and philosophers often use the language of determination in order to describe the nature of developmental phenomena. Accounts in terms of determination have often been reductionist. One common idea is that DNA is supposed to play a special explanatory role in developmental explanations, namely, that DNA is a developmental determinant. In this article we try to make sense of determination claims in developmental biology. Adopting a manipulationist approach, we shall first argue that the notion of developmental determinant is causal. (...) We suggest that two different theses concerning developmental determination can be articulated: determination of occurrence and structural determination. We shall argue that, while the first thesis is problematic, the second, opportunely qualified, is feasible. Finally, we shall argue that an analysis of biological causation in terms of determination cannot account for entangled dynamics. Characterising causal entanglement as a particular kind of interactive causation whereby difference-making causes ascribable to different levels of biological organisation influence a particular ontogenetic outcome, we shall, via two illustrative examples, diagnose some potential limits of a reductionist, molecular and intra-level understanding of biological causation. (shrink)

The traditional problem of free will has reached an impasse; we are unlikely to see progress without rethinking the terms in which the problem had been cast. Our approach offers an alternative to the standard terms of the debate, by developing an authorially parameterized approach articulated within a two-dimensional semantics for temporal predicates.

The several articles in this special issue on organ donation after circulatory determination of death or, as it is often put, donation after cardiac death, draw lessons from different kinds of experience in order to guide efforts in the U.S. to develop or refine policies for DCD. One lesson comes from a major and, by many measures, successful experimental DCD program in Washington, D.C. in the 1990s. Another lesson comes from European countries that have adopted presumed-consent legislation, a form of (...) “opt out” that facilitates DCD as well as donation after neurological determination of death. Another lesson, from the perspective of critical care medicine in Canada, attends to the implications of viewing a dying patient, undergoing resuscitative procedures, as a potential organ donor. A final lesson sketches implications of legislation and court cases in the U.S., often involving DND, for initiating temporary organ preservation in DCD programs before consent has been obtained for organ donation. Some of these lessons are optimistic about the prospects for DCD, especially if certain steps are taken, while others are more cautious, particularly because of the costs and risks involved in DCD. (shrink)

The structure of rhodopsin is a subject of intense interest. Solving the structure by traditional methods has proved exceedingly challenging. It may therefore be useful to confront the problem by a combination of alternate techniques. These include FTIR (Fourier transform infrared spectroscopy) and AFM (atomic force microscopy) on the intact protein. Furthermore, additional insights may be gained through structural investigations of discrete rhodopsin domains.

Decolonization revolutionized the international order during the twentieth century. Yet standard histories that present the end of colonialism as an inevitable transition from a world of empires to one of nations—a world in which self-determination was synonymous with nation-building—obscure just how radical this change was. Drawing on the political thought of anticolonial intellectuals and statesmen such as Nnamdi Azikiwe, W.E.B Du Bois, George Padmore, Kwame Nkrumah, Eric Williams, Michael Manley, and Julius Nyerere, this important new account of decolonization reveals the (...) full extent of their unprecedented ambition to remake not only nations but the world. Adom Getachew shows that African, African American, and Caribbean anticolonial nationalists were not solely or even primarily nation-builders. Responding to the experience of racialized sovereign inequality, dramatized by interwar Ethiopia and Liberia, Black Atlantic thinkers and politicians challenged international racial hierarchy and articulated alternative visions of worldmaking. Seeking to create an egalitarian postimperial world, they attempted to transcend legal, political, and economic hierarchies by securing a right to self-determination within the newly founded United Nations, constituting regional federations in Africa and the Caribbean, and creating the New International Economic Order. Using archival sources from Barbados, Trinidad, Ghana, Switzerland, and the United Kingdom, Worldmaking after Empire recasts the history of decolonization, reconsiders the failure of anticolonial nationalism, and offers a new perspective on debates about today’s international order. (shrink)

The main goals of this study were, to test the motivational determinants of athletes perceived effort in football considering the four-stage motivational sequence at the contextual level proposed by Hierarchical Model of Intrinsic and Extrinsic Motivation: task-involving, basic psychological needs, self-determined motivation and perceived effort. The multi-group analysis across different age-groups (U15, U17, U19, U21 years) and mediation role of basic psychological needs and self-determined motivation on the task-involving climate and the perceived effort were also analysed. Two independent samples of (...) male football athletes (N= 403, N= 403), aged 13-20 were enrolled in this study. The results demonstrated that structural model provided a good fit to data for all samples under analysis, and was invariant across U17, U19, and U21. However, it was not invariant across U15 and U17, U19 and U21. Additionally, in the results from the mediation analysis, there were significant indirect effects in all samples, supporting theoretical by self-determination theory assumptions, reinforcing the importance of basic psychological needs satisfaction and behavioral regulation in the relation in analysis. The results allow concluding that when coaches promote a task-involving climate, the basic psychological needs satisfaction of athletes improves. This climate will facilitate the regulation of their behaviors towards more autonomous forms of motivation, with positive results in the perceived effort of the athletes. (shrink)

This essay explores a tragic event that happened in China, which garnered much attention, the Li case: a young woman who was nine months pregnant and her baby died as a result of the failure to receive a medically necessary c-section due to the hospital having failed to secure her family's consent for the c-section. Differing from some critiques, this essay argues that the Li case should not be used to blame the Confucian family-determination model that has been applied in (...) Chinese society for thousands of years. Based on summarizing the reasons supporting the model, this essay indicates that it is an integral part of the model that, in emergency or special cases, the physician must take medical action to save the patient, without the need to secure the consent of a family member. In order to prevent tragic cases like the Li case from happening, we recommend that relevant Chinese laws be further developed and specified and that, most importantly, Chinese physicians must cultivate the Confucian virtue of benevolence in their practice of taking care of patients in a virtuous way, along with patients’ families. (shrink)

The French physicist Jean Baptiste Perrin is widely credited with providing the conclusive argument for atomism. The most well-known part of Perrin’s argument is his description of thirteen different procedures for determining Avogadro’s number (N)–the number of atoms, ions, and molecules contained in a gram-atom, gram-ion, and gram-mole of a substance, respectively. Because of its success in ending the atomism debates Perrin’s argument has been the focus of much philosophical interest. The various philosophers, however, have reached different conclusions, not only (...) about the argument’s general rationale but also the role that the multiple determination of N played in it. This paper emphasizes the historical development of Perrin’s experimental work in order to understand the role that the multiple determination of molecular magnitudes played in his argument for molecular reality. It claims that Perrin used the multiple determination strategy to put forward an exceptionally strong no-coincidence argument to argue for both the correctness of the values for the molecular magnitudes determined and the validity of the auxiliary assumptions upon which the different determinations were based. The historicist approach also allows the identification of the elements responsible for the epistemic strength of Perrin’s no-coincidence argument. (shrink)

Abstract Recent criticisms of intuition from experimental philosophy and elsewhere have helped undermine the authority of traditional conceptual analysis. As the product of more empirically informed philosophical methodology, this result is compelling and philosophically salutary. But the negative critiques rarely suggest a positive alternative. In particular, a normative account of concept determination—how concepts should be characterized—is strikingly absent from such work. Carnap's underappreciated theory of explication provides such a theory. Analyses of complex concepts in empirical sciences illustrates and supports this (...) claim, and counteracts the charge explication is only suitable for highly mathematical, axiomatic contexts. Explication is also defended against the influential criticism it is “philosophically unilluminating”. Content Type Journal Article Category Original paper in Philosophy of Science Pages 1-19 DOI 10.1007/s13194-011-0027-5 Authors James Justus, Philosophy Department, Florida State University and University of Sydney, Tallahassee, FL 32306, USA Journal European Journal for Philosophy of Science Online ISSN 1879-4920 Print ISSN 1879-4912. (shrink)

he article combines Elinor Ostrom’s design principles for common-pool resources and human rights provisions, including subsequent clarifications and jurisprudence. It analyses whether stronger local self-governance, embedded in the natural resource dimension of peoples’ rights to self-determination is a recommendable approach. Two changes in understanding are noted. First, the universal approval of indigenous peoples’ right to self-determination as specified in the UN Declaration on the Rights of Indigenous Peoples. Second, the wide endorsement of the specific principle of free and prior informed (...) consent. As the exercise of peoples’ rights to self-determination is done on a collective level, it is important to have awareness of whether particularly affected and marginalized households and individuals are included or not included in the decision-making process. The article then reviews a range of new instruments adopted by the OECD and the UN for improved human rights awareness and compliance in the context of economic investments. The article finds that these instruments are still underutilized. Finally, the article identifies the role of human rights in bilateral investment treaties. It finds that there are less jurisdictional restrictions – as many treaties have a wide understanding of applicable law – than cognitive restrictions – as human rights competence is rarely sought when establishing tribunals mandated to solve investments disputes. (shrink)

Discrepancies between the Uniform Determination of Death Act (UDDA) and the adult and pediatric diagnostic guidelines for brain death (BD) (the “Guidelines”) have motivated proposals to revise the UDDA. A revision proposed by Lewis, Bonnie and Pope (the RUDDA), has received particular attention, the three novelties of which would be: (1) to specify the Guidelines as the legally recognized “medical standard,” (2) to exclude hypothalamic function from the category of “brain function,” and (3) to authorize physicians to conduct an apnea (...) test without consent and even over a proxy’s objection. One hundred seven experts in medicine, bioethics, philosophy, and law, spanning a wide variety of perspectives, have come together in agreement that while the UDDA needs revision, the RUDDA is not the way to do it. Specifically, (1) the Guidelines have a non-negligible risk of false-positive error, (2) hypothalamic function is more relevant to the organism as a whole than any brainstem reflex, and (3) the apnea test carries a risk of precipitating BD in a non-BD patient, provides no benefit to the patient, does not reliably accomplish its intended purpose, and is not even absolutely necessary for diagnosing BD according to the internal logic of the Guidelines; it should at the very least require informed consent, as do many procedures that are much more beneficial and less risky. Finally, objections to a neurologic criterion of death are not based only on religious belief or ignorance. People have a right to not have a concept of death that experts vigorously debate imposed upon them against their judgment and conscience; any revision of the UDDA should therefore contain an opt-out clause for those who accept only a circulatory-respiratory criterion. (shrink)

Collective self-determination is considered to be an important political value. Many liberal political philosophers appeal to it to defend the right of states to exclude would-be newcomers. In this paper, I challenge the value of collective self-determination in the case of countries like the US, former colonial powers with a history of white supremacist immigration and citizenship policies. I argue for my claim by way of an analogy: There is no value to white neighborhoods in the US, which are the (...) result of racist attitudes and state policies, determining autonomously who should become a neighbor. In light of this commitment, defenders of the US's right to exclude would need to explain why it should be of moral value that a community whose character and composition has been shaped by white supremacy be able to determine its membership on its own terms. (shrink)