The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic (...) changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples for the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered. (shrink)

Israeli courts were recently faced with the question whether an employer is allowed to voice objections to unionization during an organizing drive. Since the legislation fails to provide an answer to this question, it was up to the courts to come up with a solution. The National Labor Court in Histadrut v. Pelephone held that employers have no say and must refrain from any communications whatsoever with the workers regarding the decision whether or not to join the union. The Supreme (...) Court later affirmed this decision. This Article explores this legal question and examines whether this decision was justified, and whether it should be adopted in other countries as well. It first discusses the justifications for the conflicting freedoms in this scenario — the workers’ freedom of association and the employer’s freedom of speech — to appreciate their relative strength in the circumstances. It then examines whether it is possible to achieve a certain balance. To this end, the Article critically reviews the legal mechanisms adopted by other legal jurisdictions in this regard, shedding light on their effectiveness and the difficulties of organizing in practice in each jurisdiction. The main argument advanced in this Article is that the solution has to be purposive — to advance the goals of labor law, specifically freedom of association — and that the purposive analysis must be contextual. A rule prohibiting the employer from voicing opinions is surely an infringement of freedom of speech, and strong reasons are needed to justify it. Whether strong enough reasons exist depends on several contextual factors. Essentially, the question is whether it is possible, given the current context, to secure real freedom of association without such a rule. By context we mean two main things: first, the real-life current experience concerning the struggles of organizing; and second, the existence of alternative legal mechanisms that might address this problem. (shrink)

This comment questions the relevance of the Stag Hunt model, employed by Alan Hyde in his contribution to this volume, to the context of international labor standards. Despite Hyde's insistence to the contrary, it is argued that in some cases child labor could create a comparative advantage to developing countries. This shows the difficulty with Hyde's reliance solely on market failures to justify international labor standards. The exclusion of other justifications results in an extremely diluted international labor law.

The question of who is covered by labour law is highly contested and often debated. This article addresses several problems related to the coverage question, and employs some novel concepts as an aid to better understand and analyse these problems. It begins by explaining the different aspects of labour law coverage and how all the branches of government are involved in setting it. It is then argued that we are currently facing a major coverage crisis in labour law. The concepts (...) of universalism and selectivity, long used in the welfare state literature to describe possible methods for the delivery of benefits in terms of their coverage, are introduced and adapted to the labour law context. The article then proceeds to make several arguments by using this new framework. Firstly, a descriptive-historical argument: during the 20th century there was a development from selectivity to universalism in labour law, and then back to selectivity of a different kind . Secondly, a normative argument: a balance must be struck between universalism and selectivity. Several proposals are offered to assist in achieving a better balance compared to the current situation in many countries. Finally, a critical argument: some proposals to ‘expand’ labour law beyond the confines of the employment relationship are considered, showing the dangers of extreme universalism. (shrink)

Analyzes the relationship of power, bureaucracy, and change in modern society.

How do people judge the degree of causal responsibility that an agent has for the outcomes of her actions? We show that a relatively unexplored factor -- the robustness of the causal chain linking the agent’s action and the outcome -- influences judgments of causal responsibility of the agent. In three experiments, we vary robustness by manipulating the number of background circumstances under which the action causes the effect, and find that causal responsibility judgments increase with robustness. In the first (...) experiment, the robustness manipulation also raises the probability of the effect given the action. Experiments 2 and 3 control for probability-raising, and show that robustness still affects judgments of causal responsibility. In particular, Experiment 3 introduces an Ellsberg type of scenario to manipulate robustness, while keeping the conditional probability and the skill deployed in the action fixed. Experiment 4, replicates the results of Experiment 3, while contrasting between judgments of causal strength and of causal responsibility. The results show that in all cases, the perceived degree of responsibility increases with the robustness of the action-outcome causal chain. (shrink)

This article traces a growing interest among epistemologists in the intellectuals of epistemic virtues. These are cognitive dispositions exercised in the formation of beliefs. Attempts to give intellectual virtues a central normative and/or explanatory role in epistemology occur together with renewed interest in the ethics/epistemology analogy, and in the role of intellectual virtue in Aristotle's epistemology. The central distinction drawn here is between two opposed forms of virtue epistemology, virtue reliabilism and virtue responsibilism. The article develops the shared and distinctive (...) claims made by contemporary proponents of each form, in their respective treatments of knowledge and justification. (shrink)

To speak of being religious lucky certainly sounds odd. But then, so does “My faith holds value in God’s plan, while yours does not.” This book argues that these two concerns — with the concept of religious luck and with asymmetric or sharply differential ascriptions of religious value — are inextricably connected. It argues that religious luck attributions can profitably be studied from a number of directions, not just theological, but also social scientific and philosophical. There is a strong tendency (...) among adherents of different faith traditions to invoke asymmetric explanations of the religious value or salvific status of the home religion vis-à-vis all others. Attributions of good/bad religious luck and exclusivist dismissal of the significance of religious disagreement are the central phenomena that the book studies. Part I lays out a taxonomy of kinds of religious luck, a taxonomy that draws upon but extends work on moral and epistemic luck. It asks: What is going on when persons, theologies, or purported revelations ascribe various kinds of religiously-relevant traits to insiders and outsiders of a faith tradition in sharply asymmetric fashion? “I am saved but you are lost”; “My religion is holy but yours is idolatrous”; “My faith tradition is true, and valued by God, but yours is false and valueless.” Part II further develops the theory introduced in Part I, pushing forward both the descriptive/explanatory and normative sides of what the author terms his inductive risk account. Firstly, the concept of inductive risk is shown to contribute to the needed field of comparative fundamentalism by suggesting new psychological markers of fundamentalist orientation. The second side of what is termed an inductive risk account is concerned with the epistemology of religious belief, but more especially with an account of the limits of reasonable religious disagreement. Problems of inductively risky modes of belief-formation problematize claims to religion-specific knowledge. But the inductive risk account does not aim to set religion apart, or to challenge the reasonableness of religious belief tout court. Rather the burden of the argument is to challenge the reasonableness of attitudes of religious exclusivism, and to demotivate the “polemical apologetics” that exclusivists practice and hope to normalize. Lexington Books Pages: 290 978-1-4985-5017-8 • Hardback • December 2018 • $95.00 • (£65.00) 978-1-4985-5018-5 • eBook • December 2018 • $90.00 • (£60.00) ISBN 978-1-4985-5018-5 (pbk: alk. paper) (coming 2020) [Download the 30% personal use Discount Order Form I uploaded for hardcover or e-book, and please ask your library to purchase a copy for their collection.]. (shrink)

In this article, we present a dialogical approach to empirical ethics, based upon hermeneutic ethics and responsive evaluation. Hermeneutic ethics regards experience as the concrete source of moral wisdom. In order to gain a good understanding of moral issues, concrete detailed experiences and perspectives need to be exchanged. Within hermeneutic ethics dialogue is seen as a vehicle for moral learning and developing normative conclusions. Dialogue stands for a specific view on moral epistemology and methodological criteria for moral inquiry. Responsive evaluation (...) involves a structured way of setting up dialogical learning processes, by eliciting stories of participants, exchanging experiences in (homogeneous and heterogeneous) groups and drawing normative conclusions for practice. By combining these traditions we develop both a theoretical and a practical approach to empirical ethics, in which ethical issues are addressed and shaped together with stakeholders in practice. Stakeholders' experiences are not only used as a source for reflection by the ethicist; stakeholders are involved in the process of reflection and analysis, which takes place in a dialogue between participants in practice, facilitated by the ethicist. This dialogical approach to empirical ethics may give rise to questions such as: What contribution does the ethicist make? What role does ethical theory play? What is the relationship between empirical research and ethical theory in the dialogical process? In this article, these questions will be addressed by reflecting upon a project in empirical ethics that was set up in a dialogical way. The aim of this project was to develop and implement normative guidelines with and within practice, in order to improve the practice concerning coercion and compulsion in psychiatry. (shrink)

This is a unique collection of new and recently-published articles which debate the merits of virtue-theoretic approaches to the core epistemological issues of knowledge and justified belief. The readings all contribute to our understanding of the relative importance, for a theory of justified belief, of the reliability of our cognitive faculties and of the individuals responsibility in gathering and weighing evidence. Highlights of the readings include direct exchanges between leading exponents of this approach and their critics.

Is linguistic understanding a form of knowledge? I clarify the question and then consider two natural forms a positive answer might take. I argue that, although some recent arguments fail to decide the issue, neither positive answer should be accepted. The aim is not yet to foreclose on the view that linguistic understanding is a form of knowledge, but to develop desiderata on a satisfactory successor to the two natural views rejected here.

A growing number of philosophers are concerned with the epistemic status of culturally nurtured beliefs, beliefs found especially in domains of morals, politics, philosophy, and religion. Plausibly, worries about the deep impact of cultural contingencies on beliefs in these domains of controversial views is a question about well-foundedness: Does it defeat well-foundedness if the agent is rationally convinced that she would take her own reasons for belief as insufficiently well-founded, or would take her own belief as biased, had she been (...) nurtured in a different psychographic community? This chapter will examine the proper scope and force of this epistemic location problem. It sketches an account of well and ill-founded nurtured belief based upon the many markers of doxastic strategies exhibiting low to high degrees of inductive risk: the moral and epistemic risk of ‘getting it wrong’ in an inductive context of inquiry. (shrink)

On the most prominent account, understanding what was said is always propositional knowledge of what was said. I develop a more minimal alternative, according to which understanding is sometimes a distinctive attitude towards what was said—to a first approximation, entertaining what was said. The propositional knowledge account has been supported on the basis of its capacity to explain testimonial knowledge transmission. I argue that it is not so supported.

This paper is about first‐person thoughts—thoughts about oneself that are expressible through uses of first‐person pronouns. It is widely held that first‐person thoughts cannot be shared. My aim is to postpone rejection of the more natural view that such thoughts about oneself can be shared. I sketch an account on which such thoughts can be shared and indicate some ways in which deciding the fate of the account will depend upon further work.

This paper addresses some of the contours of an ethics of knowledge in the context of ameliorative epistemology, where this term describes epistemological projects aimed at redressing epistemic injustices, improving collective epistemic practices, and educating more effectively for higher-order reflective reasoning dispositions. Virtue theory and embodiment theory together help to tie the cultivation of moral and epistemic emotions to cooperative problem-solving. We examine one cooperative vice, ‘knavery,’ and how David Hume’s little-noticed discussion of it is a forerunner of contemporary game (...) theory’s concern with behavior of ‘free riding’ on systems of trust or cooperation. We develop these and other examples as calling for “risk-aware” social epistemology, which ties epistemic risk with doxastic responsibility. Risk-aware social epistemology aims at describing and ameliorating epistemic practices, but without confusing over-generalizing about culpability in ways that would conflate philosophical censure or critique of bias, with “blameworthiness” in any stronger sense. (shrink)

BackgroundIn the Netherlands, patients have the legal right to make a request for euthanasia to their physician. However, it is not clear what it means in a moral sense for a physician to receive a request for euthanasia. The aim of this study is to explore the moral values of physicians regarding requests for euthanasia. MethodsSemi-structured interviews were conducted with nine primary healthcare physicians involved in decision-making about euthanasia. The data were inductively analyzed which lead to the emergence of themes, (...) one of which was about values regarding end-of-life decisions.ResultsFour clusters of values related to euthanasia requests are described: values related to 1) the patient; 2) the family; 3) the physician; and 4) life and death. The data show that the participants value patient autonomy as a necessary but not sufficient condition for meeting a euthanasia request. A good relationship with the patient and the family are important. For the physician, the values physician autonomy, responsibility, understanding the patient and relief of suffering play a role. Life as an intrinsic good and a peaceful death are also important values.ConclusionThis study shows that next to patient autonomy and the relationship with the patient and the family, it is important for the participants to act in accordance with their professional values and to do justice to values related to life and death. The awareness of going against the intrinsic value of life is crucial, even if performing euthanasia may result in a feeling of relief or gratitude afterwards. (shrink)

Can knowledge be defined? We expound an argument of John Cook Wilson's that it cannot. Cook Wilson's argument connects knowing with having the power to inquire. We suggest that if he is right about that connection, then knowledge is, indeed, indefinable.

To what extent was ordinary language philosophy a precursor to experimental philosophy? Since the conditions on pursuit of either project are at best unclear, and at worst protean, the general question is hard to address. I focus instead on particular cases, seeking to uncover some central aspects of J. L. Austin’s and John Cook Wilson’s ordinary language based approach to philosophical method. I make a start at addressing three questions. First, what distinguishes their approach from other more traditional approaches? Second, (...) is their approach a form of experimental philosophy? Third, given their aims, should it have been? I offer the following preliminary answers. First, their approach distinctively emphasizes attention to what we should say when. Second, their approach is closer to contemporary experimental mathematics than it is to some prominent forms of contemporary experimental philosophy. Third, some purported grounds for pursuing their aims by way of surveying what individual speakers would say when are not compelling. (shrink)

In this article, we present an analysis of bodily integrity in hand transplants from a phenomenological narrative perspective, while drawing on two contrasting case stories. We consider bodily integrity as the subjective bodily experience of wholeness which, instead of referring to actual bodily intactness, involves a positive identification with one’s physical body. Bodily mutilations, such as the loss of a hand, may severely affect one’s bodily integrity. A possible restoration of one’s experience of wholeness requires a process of re-identification. Medical (...) interventions, such as a hand transplant, may improve the possibility of a successful re-identification. However, since the experience of wholeness does not refer simply to physical intactness or impairment, the choice for medical intervention should not be based merely upon the degree of physical mutilation. It should also be based upon the degree to which a person fails in re-identifying with his or her mutilated body. We argue that a normalizing operation is only ethically justifiable if the intervention enables the person to be the body he or she has. (shrink)

What are the connections between the successful performance of illocutionary acts and audience understanding or uptake of their performance? According to one class of proposals, audience understanding suffices for successful performance. I explain how those proposals emerge from earlier work and seek to clarify some of their interrelations.

Are there distinctively second-personal thoughts? I clarify the question and present considerations in favour of a view on which some second-personal thoughts are distinctive. Specifically, I suggest that some second-personal thoughts are distinctive in also being first-personal thoughts. Thus, second-personal thinking provides a way of sharing another person's first-personal thoughts.

Walls can be physical; they can also be psychological, social, political, economic, and ontological. Theological walls are ontological and typically also moral, though when we break down the “religion/non-religion” distinction and consider other dimensions of religious life beyond doctrinal ones, they are also psychological, social, and increasingly political. Among Enlightenment era philosophers eager to provide a genealogy of religious and political divisiveness was Rousseau, who held that “Those who distinguish civil from theological intolerance are, to my mind, mistaken. The two (...) forms are inseparable.” Yet despite this perceptive critique, contemporary religious apologetics for salvific and/or doctrinal exclusivism still abound. Indeed, self-described “post-liberal” apologetics is often insular, and promotive of the view that polarized and polemical religious apologetics should be taken as a normal state of affairs. In this paper I argue against this view where ‘good fences to make good neighbors.’ The paper aims to explain how post-liberal apologetics has had a significant dampening effect on comparative and global philosophy. But while a critique of post-liberalism’s retrenchment strategies would seem largely negative, the main burden of the paper is to provide a positive response to it, one which reaffirms genuine “engagement” as a method and goal of global philosophy. One key to success in this endeavor is establishing a methodologically proper balance between concerns for similarity and uniqueness, or form and content. I try to show how establishing this balance is better-achieved when comparative philosophy is taken as multi-disciplinary study, able to utilize insights from not just from philosophic and theological traditions but also from psychology and the emerging field of cognitive science of religions. (shrink)

This paper will consider the metamorphoses, the translations, of the divine occurring in the ecstatic and aesthetic naturalisms of Robert S. Corrington, the poetic philosophizing of Wallace Stevens, and the syntheism of Alexander Bard. In Corrington’s aesthetic naturalism, the notion of the divine elides but also translates into the notion of the sublime. Of great import in this elision, this translation, is Corrington’s reading of Schopenhauer. Schopenhauer, read by Corrington, sees the self as the highest objectification of the Will.2 The (...) genius, the epitome of the self as this highest objectification of the Will, brings the Forms to the spatiotemporal flux of the Will’s violent and aimless.. (shrink)

This article seeks explore the complex relations between Beauty and the Sublime. The exploration is guided by two very powerful, but very different, thinkers: Swiss Catholic metaphysical theologian Hans Urs von Balthasat and American naturalist metaphysician Robert S. Corrington. Through reflection upon von Balthasar’s themes of Beauty, Splendor and Being and Corrington’s themes of the Sublime and the Encompassing it is hoped implications of the complex relations between Beauty and the Sublime might be evoked and engaged.

This chapter examines the modifications William James made to his account of the ethics of belief from his early ‘subjective method’ to his later heightened concerns with personal doxastic responsibility and with an empirically-driven comparative research program he termed a ‘science of religions’. There are clearly tensions in James’ writings on the ethics of belief both across his career and even within Varieties itself, tensions which some critics think spoil his defense of what he calls religious ‘faith ventures’ or ‘overbeliefs’. (...) But our study of James in the first half of the chapter reveals a significant degree of unnoticed unity: The two distinct defenses of faith ventures he develops post-1900 are actually both versions of the Dialogue Model of the relationship between individual religiosity and scientific reasoning. One shared theme in the diverging approaches to doxastic responsibility suggested by the two versions is what some interpreters have called ‘the character issue’ in James’ writings. The second half of the chapter develops these connections and argues that a neo-Jamesian approach tying the ethics of belief with Rawlsian reasonable pluralism and with contemporary character epistemology results in a stronger yet more clearly delimited defense of responsible faith ventures. (shrink)

This book has argued that problems of religious luck, especially when operationalized into concerns about doxastic risk and responsibility, can be of shared interest to theologians, philosophers, and psychologists. We have pointed out counter-inductive thinking as a key feature of fideistic models of faith, and examined the implications of this point both for the social scientific study of fundamentalism, and for philosophers’ and theologians’ normative concerns with the reasonableness of a) exclusivist attitudes to religious multiplicity, and b) theologically-cast but bias-mirroring (...) trait-ascriptions to religious insiders and outsiders. It is important to keep the descriptive/explanatory and normative concerns properly separated, but philosophy of luck and risk are relevant to both. More specifically, inductive risky theological strategies,we have argued, are a relevant concern both descriptively and normatively. The descriptive/explanatory relevance of measures of high inductive risk connects it with cognitive and social psychology of religion, while its normative relevance connects with critical concerns with epistemology of testimony, the epistemology of disagreement, and the ethics of belief. A research program to examine fideistic orientation and its relation to epistemically risky doxastic strategies is one of potentially numerous research programs on which philosophers and psychologists might work collaboratively. So this concluding chapter of our study culminates with the outline of a proposed research program at the intersection of shared concerns. I term this research program CICI, because it examines what lies at the intersection of CSR’s standing interest in the appeal of counter-intuitive ideas, and our own study’s focus on the fideistic penchant for counter-inductive thinking. Religious Studies scholars typically focus on particular traditions and teachings, while CSR scholars tend to eschew such content-focused approaches in favor of a study of evolutionary and hence generic or trans-religious functions and processes. I argue that CICI has the added benefit of effectively mediating this generic-specific contrast between CSR and Religious Studies, allowing CSR research to be more closely connected with and relevant to comparative fundamentalism. (shrink)

This was my first paper on virtue epistemology, and already highlights the connections with epistemic value and axiology which I would later develop. Although most accounts were either internalist or externalist in an exclusive sense, I suggest an inquiry-focused version through connections with the American pragmatism.

Volume 20, Issue 6, June 2020, Page 70-72.

Critics and defenders of William James both acknowledge serious tensions in his thought, tensions perhaps nowhere more vexing to readers than in regard to his claim about an individual’s intellectual right to their “faith ventures.” Focusing especially on “Pragmatism and Religion,” the final lecture in Pragmatism, this chapter will explore certain problems James’ pragmatic pluralism. Some of these problems are theoretical, but others concern the real-world upshot of adopting James permissive ethics of belief. Although Jamesian permissivism is qualified in certain (...) ways in this paper, I largely defend James in showing how permissivism has philosophical advantages over the non-permissivist position associated with evidentialism. These advantages include not having to treat disagreement as a sign of error or irrationality, and mutual support relations between permissivism and what John Rawls calls the "reasonable pluralism" at the heart of political liberalism. (shrink)

Michael Devitt has argued that Chomsky, along with many other Linguists and philosophers, is ignorant of the true nature of Generative Linguistics. In particular, Devitt argues that Chomsky and others wrongly believe the proper object of linguistic inquiry to be speakers' competences, rather than the languages that speakers are competent with. In return, some commentators on Devitt's work have returned the accusation, arguing that it is Devitt who is ignorant about Linguistics. In this note, I consider whether there might be (...) less to this apparent dispute than meets the eye. -/- . (shrink)

What are the connections between the successful performance of illocutionary acts and audience understanding or uptake of their performance? According to one class of proposals, audience understanding suffices for successful performance. I explain how those proposals emerge from earlier work and seek to clarify some of their interrelations.

Each story is presented as a narrative, so readers can ponder: What would I do if this happened to me? When they've finished the book, they'll feel prepared with an array of theoretical and practical approaches for thinking on their feet.

This chapter introduces some central issues in Epistemology, and, like others in the open textbook series Introduction to Philosophy, is set up for rewarding college classroom use, with discussion/reflection questions matched to clearly-stated learning objectives,, a brief glossary of the introduced/bolded terms/concepts, links to further open source readings as a next step, and a readily-accessible outline of the classic between William Clifford and William James over the "ethics of belief." The chapter introduces questions of epistemic value through Plato's famous example (...) of the 'road to Larissa,' and goes on to explain work on doxastic responsibility, on intellectual “virtue”/“vice,” and on epistemic value monism vs. pluralism. Section 1; Epistemic Value and the Value Problem; Section 2: The Ethics of Belief; Section 3: Virtue & Vice Epistemologies; Section 4: Epistemic Paternalism. (shrink)

What is the philosophical role of an historical account of how someone, or some people, came to believe or value as they do? I consider some proposals, due to Bernard Williams and David Wiggins, according to which such an account might either vindicate or subvert our believing or valuing as we do. I suggest some reasons for scepticism about those proposals, at least when construed as providing a fundamental means of assessing cases of believing or valuing. The main problem raised (...) for the proposals, when so construed, is that they conflate reasons that now support believing or valuing with reasons for coming in the first place to believe or value. (shrink)

In “The Place of Philosophy in Bioethics Today,” Blumenthal-Barby and colleagues argue that philosophy is indispensable to the field of bioethics (Blumenthal-Barby et al. 2022). Nonetheless, they i...

Chapter 3 surveys objectivity in the natural sciences. Thomas Kuhn problematized the logicist understanding of the objectivity or rationality of scientific change, providing a very different picture than that of the cumulative or step-wise progress of theoretical science. Theories often compete, and when consensus builds around one competitor it may be for a variety of reasons other than just the direct logical implications of experimental successes and failures. Kuhn pitted the study of the actual history of science against what Hans (...) Reichenbach referred to as the “logical substitutes” logicists used to reconstruct the rationality of theory change. Such substitutes were promoted to show that theory confirmation is a purely epistemic affair, where purely epistemic implies purely inferential. But where the positivists saw logical compulsion as the reason for theory change, Kuhn saw psychology in values as relevant to how theories are actually confirmed or accepted by the scientific community. (shrink)

What is the epistemological role of speech perception in comprehension? More precisely, what is its role in episodes or states of comprehension able to mediate the communication of knowledge? One answer, developed in recent work by Tyler Burge, has it that its role may be limited to triggering mobilizations of the understanding. I argue that, while there is much to be said for such a view, it should not be accepted. I present an alternative account, on which episodes of comprehension (...) are better able to underwrite the interpersonal transmission of knowledge. (shrink)