This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of contract can contribute to the realisation of (...) the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent. (shrink)

The draft Common Frame of Reference is likely to play a prominent role in the further development of European contract law. Therefore, with a view to its acceptability it is crucial to assess the draft from the point of view of social justice.The DCFR has all the characteristics of a typical European compromise. Ideological and esthetical purists will certainly be disappointed. This is not necessarily something to be worried about. A common frame of reference is not drafted, in the first (...) place (if at all), for esthetical or ideological reasons; it is meant to provide some normative guidance in the further development of European contract law. European citizens have very different interests, preferences and opinions in relation to almost all the subjects dealt with in the DCFR. A DCFR consistently based on only one conception about the right choices would inevitably have disappointed all European citizens with a different idea of social justice in European private law. Therefore, if we really want the further Europeanization of private law we will have to accept that it will probably look rather different from both the particular Member State law that each of us is familiar with and our personal ideas of social justice. The publication of the interim outline edition of the draft CFR, which is the result of a close collaboration between hundreds of legal scholars from all Member States, has brought that message home. The characterisations of the DCFR as 'a law for big business and competent consumers' or, alternatively, as a 'massive reduction of private autonomy' are both unfounded. Overall, from the point of view of social justice, the DCFR is fairly balanced. Nevertheless, there is certainly room for improvement.Even if the DCFR is going to remain only a soft law instrument it is still likely to have a considerable influence on the further development of private law in Europe and will therefore also affect, directly or indirectly, the lives of all European citizens. For this reason it is crucial that European citizens will not only be the addressees of the CFR, or of the legislative measures based thereon, but can also rightly consider themselves as its authors. After the drafting by legal experts and the rather one-sided 'stakeholders'' input that were both organised by the European Commission it is now time for the citizens' voice. Only a meaningful input from the European and national Parliaments can provide the final CFR with the regulatory legitimacy that it needs.The level of consumer protection in the DCFR is sufficiently high for it to be acceptable as the content of an optional instrument, which could be made applicable, for example, by clicking on a 'blue button'. However, as an absolute maximum beyond which the Member States would not be allowed to go in the case of full harmonisation, it is submitted, the level of protection in the DCFR is insufficient. Moreover, the DCFR draws a sharp distinction between B2C and B2B contracts. It categorically excludes from the protection that it grants to consumers all businesses, even the smallest ones that may be as vulnerable as consumers (or even more so) when it comes to a lack of information, inexperience and dependence. This sharp distinction deviates from the law in many Member States, is not required by the EC Treaty (which is relevant with a view to the CFR's role as a toolbox for revising the acquis and for drafting new acquis), and is potentially contrary to the fundamental principle of justice that any distinction between groups of people should favour the least privileged.General private law - the bulk of the model rules contained in the DCFR - cannot be said to be 'neoliberal' as the Social Justice Group feared it would. Nor is it 'socialist' as some business stake holders warned for. It strikes a balance between autonomy and solidarity that is quite similar to the ones drawn in the modern private laws (including the case law, i.e. not merely the civil codes) of the Member States. However, where the DCFR deviates from the Principles of European Contract Law (PECL) it is always in the liberal direction.Throughout the last Century general clauses, such as good faith, have played a prominent role in promoting social justice in private law in the Member States. In fact they became delegations of law-making power to the courts in order to allow them to find just and fair solutions in new cases. This tradition was codified in the PECL. However, in the DCFR the role of good faith is narrower and deliberately so. From the point of view of social justice it is important that in the final CFR the role of good faith as an undisputed legal basis for judge-made law should be restored.The catalogue of underlying values and principles, that is meant to become the preamble to the final CFR and is likely to play a crucial role in the interpretation and further development of the CFR, brings back to the foreground some fundamental values that have played a prominent role in private law making in the Member States but that have been overshadowed, on the European level, by the narrow focus on market building. Having said that, the list of values in the DCFR could be framed so as to be more balanced. In particular, the privileged position of party autonomy as the only principle that is also contained in the black-letter model rules seems unjustified. (shrink)

A multicomponential model of authenticity is presented which includes psychosocial, cultural, intrapsychic, personality and capacity related and neurobiological aspects of authenticity. Genetic, political and ethnic influences could also involved in authentic etiology. More research is needed into the correlates of authenticity in order to develop adequate intervention and prevention programs for individuals who demonstrate a lack of authenticity. 2012 APA, all rights reserved).

Where the possibility of metaphysics as a science is concerned, Kant assigns the exact sciences the function of an exemplar; for these disciplines have long been well established on "the secure path of a science." Accordingly, in the Prolegomena Kant explicitly addresses the question "How is metaphysics possible as a science?" by way of the questions "How is pure mathematics possible?" and "How is pure natural science possible?" Moreover, all these questions arise directly out of the main transcendental question: "How (...) are synthetic judgments a priori possible?" The deplorable situation of the metaphysics of the day would have been entirely attributable to misappraisal of this central transcendental question. (shrink)

Where the possibility of metaphysics as a science is concerned, Kant assigns the exact sciences the function of an exemplar; for these disciplines have long been well established on "the secure path of a science." Accordingly, in the Prolegomena Kant explicitly addresses the question "How is metaphysics possible as a science?" by way of the questions "How is pure mathematics possible?" and "How is pure natural science possible?" Moreover, all these questions arise directly out of the main transcendental question: "How (...) are synthetic judgments a priori possible?" The deplorable situation of the metaphysics of the day would have been entirely attributable to misappraisal of this central transcendental question. (shrink)

Throughout more than two millennia philosophers adhered massively to ideal standards of scientific rationality going back ultimately to Aristotle’s Analytica posteriora . These standards got progressively shaped by and adapted to new scientific needs and tendencies. Nevertheless, a core of conditions capturing the fundamentals of what a proper science should look like remained remarkably constant all along. Call this cluster of conditions the Classical Model of Science . In this paper we will do two things. First of all, we will (...) propose a general and systematized account of the Classical Model of Science. Secondly, we will offer an analysis of the philosophical significance of this model at different historical junctures by giving an overview of the connections it has had with a number of important topics. The latter include the analytic-synthetic distinction, the axiomatic method, the hierarchical order of sciences and the status of logic as a science. Our claim is that particularly fruitful insights are gained by seeing themes such as these against the background of the Classical Model of Science. In an appendix we deal with the historiographical background of this model by considering the systematizations of Aristotle’s theory of science offered by Heinrich Scholz, and in his footsteps by Evert W. Beth. (shrink)

Strategic ignorance is a widespread phenomenon. In a laboratory setting, many participants avoid learning information about the consequences of their behaviour in order to act egoistically. In real life, many consumers avoid information about their purchases or the working conditions in which they were produced in order to retain their lifestyle. The question is whether agents are blameworthy for such strategically ignorant behaviour. In this paper, I explore quality of will resources, according to which agents are blameworthy, roughly, depending on (...) their moral concern. The account I will propose—the Maximal Account—has three innovative features: it utilizes a suitable concept of maximal moral concern, it offers an accountability version of the account which significantly differs from the more familiar attributability variant, and it maintains that agents without maximal concern are blameworthy. (shrink)

According to Vallicella's 'Relations, Monism, and the Vindication of Bradley's Regress' (2002), if relations are to relate their relata, some special operator must do the relating. No other options will do. In this paper we reject Vallicella's conclusion by considering an important option that becomes visible only if we hold onto a precise distinction between the following three feature-pairs of relations: internality/externality, universality/particularity, relata-specificity/relata-unspecificity. The conclusion we reach is that if external relations are to relate their relata, they must be (...) relata-specific (and no special operator is needed). As it eschews unmereological complexes, this outcome is of relevance to defenders of the extensionality of composition. (shrink)

Why act when the effects of one’s act are negligible? For example, why boycott sweatshop or animal products if doing so makes no difference for the better? According to recent proposals, one may still have a reason to boycott in order to avoid complicity or participation in harm. Julia Nefsky has argued that accounts of this kind suffer from the so-called “superfluity problem,” basically the question of why agents can be said to participate in harm if they make no difference (...) to it. This paper develops and responds to Nefsky’s challenge. (shrink)

BackgroundSexual boundary violations in healthcare are harmful and exploitative sexual transgressions in the professional–client relationship. Persons with mental health issues or intellectual disabilities, especially those living in residential settings, are especially vulnerable to SBV because they often receive long-term intimate care. Promoting good sexual health and preventing SBV in these care contexts is a moral and practical challenge for healthcare organizations.MethodsWe carried out a qualitative interview study with 16 Dutch policy advisors, regulators, healthcare professionals and other relevant experts to explore (...) their perspectives on preventing SBV in mental health and disability care organizations. We used inductive thematic analysis to interpret our data.ResultsWe found three main themes on how healthcare organizations can prevent SBV in mental health and disability care: setting rules and regulations, engaging in dialogue about sexuality, and addressing systemic and organizational dimensions.ConclusionOur findings suggest that preventing SBV in mental health and disability care organizations necessitates setting suitable rules and regulations and facilitating dialogue about positive aspects of sexuality and intimacy, as well as about boundaries, and inappropriate behaviors or feelings. Combining both further requires organizational policies and practices that promote transparency and reflection, and focus on creating a safe environment. Our findings will help prevent SBV and promote sexual health in mental health and disability care organizations. (shrink)

This introduction provides an overview of the current state of the debate on the epistemic condition of moral responsibility. In sect. 1, we discuss the main concepts ‘ignorance’ and ‘responsibility’. In sect. 2, we ask why agents should inform themselves. In sect. 3, we describe what we take to be the core agreement among main participants in the debate. In sect. 4, we explain how this agreement invites a regress argument with a revisionist implication. In sect. 5, we provide an (...) overview of the main responses to the regress argument. In sect. 6, we address the question why blameless ignorance excuses. In sect. 7, we describe further issues that are addressed in the book. In sect. 8, we conclude with some discussion of future directions the debate might take. (shrink)

The concept of meaningful work is used to evaluate the quality of work. Typical cases of meaningless work that have been used to clarify this concept are assembly line work, and work involving other types of mindless tasks, but also David Graeber's ‘bullshit jobs’. I argue that there are at least two fundamental reasons to care about meaningful work: reasons from the wellbeing of the worker and reasons pertaining to meaningfulness of the worker's life. I first argue that a concept (...) of meaningful work needs to reflect these two values, but that these two values may come apart. Because of this, accounts that provide a single answer to the question to what extent a particular work context is meaningful work for a particular worker are unable to reflect these two values. I then survey three promising accounts of meaningful work: perfectionism, which captures the self-interested aspect of meaningful work well but fails to capture the meaningfulness aspect appropriately; consequentialism, which captures the meaningfulness aspect well but fails to capture the self-interested aspect; and Wolf's Fitting Fulfilment View of meaningful projects, which can be read as addressing both concerns but leads to implausible judgments about meaningful work. I then argue that we should conceive of the concerns that fall under the notion of meaningful work as two separate concepts and values. The best work incorporates both these dimensions but falling short on either dimension is problematic for different reasons. (shrink)

This paper concentrates on some aspects of the history of the analytic-synthetic distinction from Kant to Bolzano and Frege. This history evinces considerable continuity but also some important discontinuities. The analytic-synthetic distinction has to be seen in the first place in relation to a science, i.e. an ordered system of cognition. Looking especially to the place and role of logic it will be argued that Kant, Bolzano and Frege each developed the analytic-synthetic distinction within the same conception of scientific rationality, (...) that is, within the Classical Model of Science: scientific knowledge as cognitio ex principiis . But as we will see, the way the distinction between analytic and synthetic judgments or propositions functions within this model turns out to differ considerably between them. (shrink)

What's wrong with joining corona parties? In this article, I defend the idea that reasons to avoid such parties come in degrees. I approach this issue from a participation-based perspective. Specifically, I argue that the more people are already joining the party, and the more likely it is that the virus will spread among everyone, the stronger the participation-based reason not to join. In defense of these degrees, I argue that they covary with the expression of certain attitudes.

Generative artificial intelligence systems based on transformers, including both text-generators like GPT-4 and image generators like DALL-E 3, have recently entered the popular consciousness. These tools, while impressive, are liable to reproduce, exacerbate, and reinforce extant human social biases, such as gender and racial biases. In this paper, we systematically review the extent to which DALL-E Mini suffers from this problem. In line with the Model Card published alongside DALL-E Mini by its creators, we find that the images it produces (...) tend to represent dozens of different occupations as populated either solely by men (e.g., pilot, builder, plumber) or solely by women (e.g., hairdresser, receptionist, dietitian). In addition, the images DALL-E Mini produces tend to represent most occupations as populated primarily or solely by White people (e.g., farmer, painter, prison officer, software engineer) and very few by non-White people (e.g., pastor, rapper). These findings suggest that exciting new AI technologies should be critically scrutinized and perhaps regulated before they are unleashed on society. (shrink)

In this paper I fix a typical regress argument, locate a typical gap in the argument, and try to supply a number of gap-filling readings of its first premise.

This dissertation is on infinite regress arguments in philosophy. Its main goals are to explain what such arguments from many distinct philosophical debates have in common, and to provide guidelines for using and evaluating them. Two theories are reviewed: the Paradox Theory and the Failure Theory. According to the Paradox Theory, infinite regress arguments can be used to refute an existentially or universally quantified statement (e.g. to refute the statement that at least one discussion is settled, or the statement that (...) discussions are settled only if there is an agreed-upon criterion to settle them). According to the Failure Theory, infinite regress arguments can be used to demonstrate that a certain solution fails to solve an existentially or universally quantified problem (e.g. to demonstrate that a certain solution fails to settle all discussions, or that it fails to settle even one discussion). In the literature, the Paradox Theory is fairly well-developed, and this dissertation provides the Failure Theory with the same tools. (shrink)

It is widely assumed that it is rational to suspend one’s belief regarding a certain proposition only if one’s evidence is neutral regarding that proposition. In this paper I broaden this condition, and defend, on the basis of an improved ancient argument, that it is rational to suspend one’s belief even if the available evidence is not neutral – or even close to neutral.

In the literature, regress arguments often take one of two different forms: either they conclude that a given solution fails to solve any problem of a certain kind (the strong conclusion), or they conclude that a given solution fails to solve all problems of a certain kind (the weaker conclusion). This gives rise to a logical problem: do regresses entail the strong or the weaker conclusion, or none? In this paper I demonstrate that regress arguments can in fact take both (...) forms, and clearly set out the logical difference between them. Throughout the paper, I confine myself to metaphysical examples from the early Russell. Only now that we know they are valid can we start to discuss whether they are sound. (shrink)

The Access principle places an epistemic restriction on our obligations. This principle falls prey to the ‘Shirker Problem’, namely that shirkers could evade their obligations by evading certain epistemic circumstances. To block this problem, it has been suggested that shirkers have the obligation to learn their obligations. This solution yields a regress, yet it is controversial what the moral of the regress actually is. The aim of this paper is two-fold. First, I spell out this intricate dispute. Second, on the (...) basis of my analyses I propose solutions to the Shirker Problem. (shrink)

Many recent evolutionary psychology and human behavioral ecology studies have tested hypotheses by examining correlations between variables measured at a group level (e.g., state, country, continent). In such analyses, variables collected for each aggregation are often taken to be representative of the individuals present within them, and relationships between such variables are presumed to reflect individual-level processes. There are multiple reasons to exercise caution when doing so, including: (1) the ecological fallacy, whereby relationships observed at the aggregate level do not (...) accurately represent individual-level processes; (2) non-independence of data points, which violates assumptions of the inferential techniques used in null hypothesis testing; and (3) cross-cultural non-equivalence of measurement (differences in construct validity between groups). We provide examples of how each of these gives rise to problems in the context of testing evolutionary hypotheses about human behavior, and we offer some suggestions for future research. (shrink)

If an argument can be reconstructed in at least two different ways, then which reconstruction is to be preferred? In this paper I address this problem of argument reconstruction in terms of Ryle’s infinite regress argument against the view that knowledge-how requires knowledge-that. First, I demonstrate that Ryle’s initial statement of the argument does not fix its reconstruction as it admits two, structurally different reconstructions. On the basis of this case and infinite regress arguments generally, I defend a revisionary take (...) on argument reconstruction: argument reconstruction is mainly to be ruled by charity (viz. by general criteria which arguments have to fulfil in order to be good arguments) rather than interpretation. (shrink)

Ernest Mandel theorised the capitalist world economy as an articulated system of capitalist, semi-capitalist and precapitalist relations of production, linked to each other by capitalist relations of exchange and domination by the capitalist world market. This seems to be an interesting starting point for an historically well-founded theory, building on and going beyond Marx's work, of the worldwide expansion of the capitalist mode of production from its origins to the present. In his attempt to formulate his theory, Mandel did not (...) succeed in resolving all difficulties, however. His main works – Marxist Economic Theory and Late Capitalism – show a number of dangling loose ends. The central question is whether these loose ends are merely technical difficulties or whether they reveal fatal flaws in the theory as a whole. In order to come a step closer to answering this question, a conference was organised in Amsterdam, November 2003. This introduction formulates the five, closely interrelated issues that were highlighted at this conference. (shrink)

Quine's well-known ‘Two Dogmas of Empiricism’ (1951) plays a key role in the debate about the analytic-synthetic distinction. Taking to task the ideas of Carnap in particular, Quine shows that logical positivism works with a concept of scientific rationality that is based dogmatically on, among other things, the opposition analytic-synthetic.

The general view is that metaphysical explanation is asymmetric. For instance, if resemblance facts can be explained by facts about their relata, then, by the asymmetry of explanation, these latter facts cannot in turn be explained by the former. The question however is: is there any reason to hold on to the asymmetry? If so, what does it consist in? In the paper we approach these questions by comparing them to analogous questions that have been investigated for scientific explanations. Three (...) main asymmetry criteria have been proposed for the latter: (i) causation, (ii) unification, and (iii) explanatory dependence. We argue that the last criterion, but not the former two, can be of help to metaphysical explanation: metaphysical explanations are asymmetric if the explanatory dependence criterion (in modified format) holds of them. (shrink)

This article explores how corporate governance processes and structures are being used in large Australian companies to develop, lead and implement corporate responsibility strategies. It presents an empirical analysis of the governance of sustainability in fifty large listed companies based on each company’s disclosures in annual and sustainability reports. We find that significant progress is being made by large listed Australian companies towards integrating sustainability into core business operations. There is evidence of leadership structures being put in place to ensure (...) that board and senior management are involved in sustainability strategy development and are then incentivised to monitor and ensure implementation of that strategy through financial rewards. There is evidence of a willingness to engage and communicate clearly the results of these strategies to interested stakeholders. Overall, there appears to be a developing acceptance amongst large corporations that efforts towards improved corporate sustainability are not only expected but are of value to the business. We suggest that this is evidence of a managerial shift away from an orthodox shareholder primacy understanding of the corporation towards a more enlightened shareholder value approach, often encompassing a stakeholder-orientated view of business strategy. However, strong underlying tensions remain due to the insistent market emphasis on shareholder value. (shrink)

Kant's distinction between analytic and synthetic method is connected to the so-called Aristotelian model of science and has to be interpreted in a (broad) directional sense. With the distinction between analytic and synthetic judgments the critical Kant did introduced a new way of using the terms 'analytic'-'synthetic', but one that still lies in line with their directional sense. A careful comparison of the conceptions of the critical Kant with ideas of the precritical Kant as expressed in _Ãœber die Deutlichkeit, leads (...) to the interpretation defended here of Kant's distinction between analytic and synthetic judgments within his philosophy of mathematics. (shrink)

This paper presents the progicnet programme. It proposes a general framework for probabilistic logic that can guide inference based on both logical and probabilistic input. After an introduction to the framework as such, it is illustrated by means of a toy example from psychometrics. It is shown that the framework can accommodate a number of approaches to probabilistic reasoning: Bayesian statistical inference, evidential probability, probabilistic argumentation, and objective Bayesianism. The framework thus provides insight into the relations between these approaches, it (...) illustrates how the results of different approaches can be combined, and it provides a basis for doing efficient inference in each of the approaches. (shrink)