What should be the ‘informational base’ of welfare economics if one takes the insights from behavioral economics seriously? Sugden proposes individuals’ sets of opportunities. This paper discusses...

In the United States, judicialrulings that unrealistically addressed the complexityof cases and demonstrated limited understanding ofprinciples, helped to create a legal quagmire whichlegislatures had to confront. Moreover, thelegislative response was often slow and inadequate interms of both the scope and clarity of the laws. However, since the 1970s, progress has been made onmany fronts, particularly in regard to advancedirectives dealing with end-of-life decisions. Thedebate over physician-assisted suicide has spawned arepetition of moral and legal arguments. Thoseagainst legalization have failed to make (...) a realisticappraisal of the dilemmas facing patients and theirfamilies in an age of technological medicine deliveredin the context of the marketplace. The underlyingproblem is a system in dire need of reform that willno longer treat health care as a commodity of themarketplace and provide universal health care. Terminal care as an integral part of health care willsubstantially benefit from such reforms because amajor obstacle to comprehensive palliative care is thecondition of the present system. (shrink)

In an age of rapid advances inlife-prolonging treatment, patients and caregivers areincreasingly facing tensions in making end-of-lifedecisions. An examination of the history of healthcare in the United States reveals technological,economic, and medical factors that have contributed tothe problems of terminal care and consequently to themovement of assisted suicide. The movement has itsroots in at least two fundamental perceptions andexpectations. In the age of technological medicineenergized by the profit motive, dying comes at a highprice in suffering and in personal economic loss. (...) Thefailure to provide affordable resources for terminalcare is the result of the marketplace in health care. The medical profession has been painfully slow inresponding to the challenges of terminal care, mainlybecause of the pressures of the marketplace and lackof adequate training. This has occurred at a time ofrapid advances in life-sustaining treatment and ofexpanding public awareness of personal rights underthe law. Overly aggressive treatment in the finalstages of terminal illness has enhanced anxieties overa painfully prolonged and expensive dying. Thesefactors have promoted the movement to assistedsuicide. In the U.S. debate of the issues, ethiciststend to argue abstractly without examiningadequately the context of terminal care that is thehealth care system. It is a system in dire need of areform that will remove it from the marketplace. (shrink)

Nous proposons dans cet article un développement de l’idée proposée par F.A. Hayek selon laquelle l’ordre du droit coutumier est un ordre d’action, une coordination des plans individuels dans un système d’échange régi par ce droit. Cette conception s’oppose à l’idée suivant laquelle l’ordre légal doit être avant tout fondé sur la cohérence logique des concepts et doctrines de ce droit. Un exemple important de cette approche est celui de la structure de maximisation des richesses de William Landes et Richard (...) Posner. L’article montre que la cohérence logique n’est ni nécessaire ni suffisante pour un ordre de plans ou pour une “cohérence praxéologique”. Nous défendons la position du droit coutumier classique suivant laquelle le droit se développe en accord avec les anticipations marginales des parties en présence. Dans la mesure où le droit se développe dans ce sens, il est possible d’approcher des objectifs jumelés du droit coutumier : la certitude relative et l’adaptation aux circonstances particulières.This article is a development of the idea, proposed by F.A. Hayek, that the order of common law is an order of actions, that is, a coordination of the plans of individuals in a system of exchanges governed by that law. This is in contrast to the idea that legal order is primarily to be found in the logical coherence of the law’s doctrines and concepts. The article shows that logical coherence is neither necessary nor sufficient for an order of plans, or “praxeological coherence”. It argues for the classic common law position that the law develops in accordance with the marginal expectations of the relevant parties. To the extent that the law develops in this way, it is possible for the twin goals of the common law to be approximated: relative certainty and adaptation to novel circumstances. (shrink)

Cet article est une contribution à la lecture de Fûdo, le milieu humain, ouvrage du philosophe japonais Watsuji Testurô qui aborde le thème du rapport de l’être humain au monde. Cette réflexion veut en éclairer certaines thèses, les comparer aux catégories de la philosophie occidentale et déterminer si Fûdo peut se comprendre comme une pensée de la finitude.

Behavioral paternalism raises deep concerns that do not arise in traditional welfare economics. These concerns stem from behavioral paternalism’s acceptance of the defining axioms of neoclassical rationality for normative purposes, despite having rejected them as positive descriptions of reality. We argue that behavioral paternalists have indeed accepted neoclassical rationality axioms as a welfare standard; that economists historically adopted these axioms not for their normative plausibility, but for their usefulness in formal and theoretical modeling; that broadly rational individuals might fail to (...) satisfy the axioms for various reasons, making them unpersuasive as normative criteria; and that even if their violation did constitute irrationality, that would not justify paternalists’ choosing among inconsistent preferences to define an individual’s “true” preferences. (shrink)

I provide a case-by-case definition of essential truths based on the notions of metaphysical necessity and ontological dependence. Relying on suggestions in the literature, I adopt a definition of the latter notion in terms of the notion of ground. The resulting account is adequate in the sense that it is not subject to Kit Fine’s famous counterexamples to the purely modal account of essence. In addition, it provides us with a novel conception of truths pertaining to the essence of objects, (...) which might help to dispel doubts on the legitimacy of the notion of essence itself. (shrink)

Drawing from extensions of existing ideas in the logic of ground, a novel account of the grounds of necessity is presented, the core of which states that necessary truths are necessary because they stand in specific grounding connections.

In Metaphysics of States of Affairs, Bo Meinertsen reviews and works out several underdeveloped points in the existing scholarly debate on states of affairs, and presents his own original account in detail. In this paper, we raise three problems for Meinertsen’s account and draw attention to an alternative view that, though not discussed in the book, is not beset by these problems.

P. van Inwagen famously offered three precise versions of the so-called Consequence Argument for incompatibilism. The third of these essentially employs the notion of an agent’s having a choice with respect to a proposition. In this paper, I offer two intuitively attractive accounts of this notion in terms of the explanatory connective ‘because’ and explore the prospects of the third argument once they are in play. Under either account, the argument fails.

In the third chapter of his major work, the Controversy over the Existence of the World, Roman Ingarden discusses four varieties of dependence entities might exhibit. The aim of this essay is to explore these varieties and to put the claims Ingarden makes concerning them on a rigorous footing.

European Journal of Philosophy, EarlyView.

In this paper I want to do the following things. First I want to show that in the part of the Theaetetus where the relationship between knowledge and perception is examined, the concept of knowledge that is in question is very clearly characterized. We are left in no doubt as to what is to count as knowing. Secondly I want to unravel in some detail the case that Socrates puts on Protagoras’ behalf where he draws on what Protagoras actually wrote (...) (151 E-152C); as opposed to what he may have taught secretly to his pupils (152C-160D). Thirdly I wish to argue that if we let the dialogue speak for itself, it is manifest that this case put up on Protagoras’ behalf at 151 E-152C is not overthrown; it is not even shaken. (shrink)

Many philosophers have shown sympathy to the thought that reality is fundamentally positive. Julio De Rizzo formulates this idea precisely by means of the notion of grounding, and examines how the resulting thesis fares with respect to three much discussed classes of negative truths, namely that of negative predications, that of negative causal reports, and that of negative existential truths. By shedding light on the issues advocates of the thesis have to deal with, this work shows the positivist account (...) to be a tenable position in metaphysics. (shrink)

This paper is a response to McKenzie (2017). I argue that the case she presents is not a genuine counterexample to the thesis she labels Brute Fundamentalism. My response consists of two main points. First, that the support she presents for considering her case a metaphysical explanation is misguided. Second, that there are principled reasons for doubting that partial explanations in Hempel’s sense, of which her case is an instance, are genuinely explanatory in the first place. Thus McKenzie’s attack on (...) Brute Fundamentalism fails. (shrink)

Is the macro grounded in the micro? That is, is every truth about a macroscopic object fully grounded in a truth wholly about its microscopic parts? In a recent interesting paper, Martin Glazier argued for a negative answer. Following him, call the position that the macro is grounded in the micro ‘priority micro pluralism’ (‘pluralism’ for short). In this discussion note, I propose a way out for the pluralist. In brief, it consists in the recognition that some metaphysical positions, including (...) pluralism, are best expressed by fundamentally de dicto grounding claims. In that these claims have a distinctive modal force, this recognition has far-reaching consequences that go beyond a defence of pluralism. (shrink)

A traditional account of coincidences has it that two facts are coincidental whenever they are not related as cause and effect and do not have a common cause. A recent contribution by Lando : 132–151, 2017) showed that this account is mistaken. In this paper, I argue against two alternative accounts of coincidences, one suggested by Lando, and another by Bhogal : 677–694, 2020), and defend a third one in their place. In short, I propose that how explanatory links relate (...) to non-coincidental facts in explanation is what drives a wedge between coincidences and non-coincidences. This proposal is not susceptible to the worries I raise, and is more general, since it is not restricted to coincidences and non-coincidences involving physical facts. (shrink)

A powerful critique of nudge theory and the paternalist policies of behavioral economics, and an argument for a more inclusive form of rationality.

Few if any distinctions are more easily recognisable and assented to than that between _objects_, that is, things which are some ways, and that which they are, that is, _ways for objects to be_ (‘ways of being’ for short). In this paper I present an argument designed to show that this distinction is indeterminate in the sense that the truth-conditions of predicational sentences leave open what should count as an object and a way of being. The bulk of the argument (...) is inspired by the celebrated permutation argument advanced by Quine, Wallace, Putnam and others. (shrink)

A natural proposal for the grounds of negative existential truths, such as that Vulcan does not exist, states that these truths are grounded in the totality truth affirming the existence of every existent thing together with the truth that they are all. In this paper I will put forward three objections to straightforward formulations of this idea, and argue that a change in the usual grammar of grounding claims, allowing for pluralities of sentences to express not only grounds, but also (...) groundees, is effective in making the account immune to the objections raised. (shrink)

In this paper I want to do the following things. First I want to show that in the part of the Theaetetus where the relationship between knowledge and perception is examined, the concept of knowledge that is in question is very clearly characterized. We are left in no doubt as to what is to count as knowing. Secondly I want to unravel in some detail the case that Socrates puts on Protagoras’ behalf where he draws on what Protagoras actually wrote (...) ; as opposed to what he may have taught secretly to his pupils. Thirdly I wish to argue that if we let the dialogue speak for itself, it is manifest that this case put up on Protagoras’ behalf at 151 E-152C is not overthrown; it is not even shaken.In that part of the dialogue where the question is under examination whether or not knowledge and perception are the same, Socrates uses an idealized concept of knowledge. That is, he restricts the use of the word by setting down what he will consider to be the essential characteristics of knowledge, the sufficient and necessary conditions of its being instantiated. An excellent piece of philosophical procedure. (shrink)

This book is a reprint of an eighteenth century novel on an ideal society run by single women. Under the guise of fiction, the author gives her views on subjects ranging from marriage to slavery.

Because anticipated and retrospective regret play important roles in practical deliberation and motivation, better understanding them can illuminate the contours of human agency. However, the possibility of self-ignorance and the fact that we change over time can make regret—especially anticipatory regret—not only a poor predictor of where the agent will be in the future but also an unreliable indicator of where the agent stands. Granting these, this paper examines the way in which prospective and, particularly, retrospective regret can nevertheless yield (...) important insight into the sorts of creatures we are, both generally and individually. The experience of retrospective regret can show a person she values something in a way she did not know or that she is (or was) a different person than she had thought, insights which can factor into forward-looking, or prospective, deliberation. Such instances of revelatory regret reveal something to the agent about herself as agent. I examine two cases of agential self-ignorance. In the first, the experience of regret reveals what the agent values, not only to others but even to the agent himself. In the second, the agent anticipates experiencing regret for an action but does not experience the regret, suggesting that the agent did not value the rejected alternative in the way she thought. Anticipatory regret is forward-looking and can play an important role in practical deliberation. But insofar as anticipatory regret flows from one’s imperfect judgment and prospection about oneself, retrospective regret can be an important corrective in helping the agent understand her own standpoint. (shrink)

The variety and complexity of the eight papers in this Symposium issue are evidence that immigration is a tough nut to crack both as a matter of policy and application. There is no way that any short summary can do justice to these papers, which take a variety of moral, economic, historical, and empirical approaches to some of the recurrent issues in the field, so it is best in this short issue to try to situate the problem in a general (...) classical liberal context, to show where the pressure points are most likely to appear.The initial way to approach this problem is to start with the simple proposition that the world today is divided into national territories where the practical norm is well-nigh universal: That each sovereign state has exclusive control over its own territory, which, among other things, allows it to decide which individuals are members of that state. These citizens have privileges that may be exercised, no questions asked, on such key matters as entering labor markets, owning property, voting, and otherwise participating in political affairs. All these activities may be denied or granted, at will, to any and all outsiders by the territorial sovereign.No one doubts the need for having some form of territorial control. The need to have some monopoly of force could not be achieved if the entire world, with its infinite diversity of locations and populations, were under a single sovereign. Indeed, in many cases, the divisions within a given country may be so pronounced that separation rather than aggregation is the norm. Thus, at the end of the British Raj, India split into India and Pakistan, and later Pakistan split into Pakistan and Bangladesh. Less dramatically, Czechoslovakia split into two countries, the Czech Republic and Slovakia, while the former Yugoslavia split into five nations, starting from the northwest: Slovenia, Croatia, Bosnia and Herzegovina, Serbia, and Macedonia. Clearly, these ethic differences, be they large or small, are a major obstacle to the expansion of the size of the state. And today, the territorial instinct reasserts itself as the member states of the European Union impose more restrictions on immigration.Yet at the same time, the normative foundations of this system seem elusive. There is the following deep skepticism about the importance of these borders, expressed in these essays by Jeremy Waldron and Ilya Somin, that these national boundary lines should have such a pronounced role in political economy. Michael Blake pursues this theme further by asking the extent to which classical liberals can justify exclusion through the use of violence—or is it force? The inquiry into the dominant role of territoriality can then be expanded, as by Peter Margulies, to examine all sorts of negative externalities that could be created both by easy and strict rules of admission.Taken as a whole, there is no doubt that these national barriers are a serious obstacle to the free trade in goods and services between two individuals, one inside the boundary and one outside. The general view is that these barriers block the gains from trade, which is what drives economic progress, so that ideally all tariffs and quantitative restrictions should give way to a system of free trade in which petty objections by domestic competitors of foreign firms should not dictate local policies.It should, of course, be evident that powerful conflicting forces on free trade and protectionism ebb and flow over time. It should therefore come as no surprise that the stakes are even higher where what is at stake is the movement of people across national boundaries. The loss to any given country from keeping out potential citizens can be enormous, and we see powerful political forces clamp down on open immigration, so many of these gains from trade are lost. The situation can be even more heartbreaking when the ability to leave a country exposes innocent people to imprisonment or death.So what is the explanation for so many nations closing their borders? Much of the explanation comes from old-fashioned protectionism. Your computer programmers will take the jobs of our specialists. There is all sorts of occupational licensing and other barriers to entry within a domestic economy, so there is no reason to expect that these forces will not exert even greater influence against outsiders who do not, after all, have a voice in the local economy and who, therefore, as Alex Nowrasteh, Michael Howard, and Andrew Forrester observe, have little ability to influence domestic policy even after they enter a country. In addition, as Gabriel Chin discusses, strong racial prejudices also lead to exclusions from the domestic economy. Not only are there objections in, say, the United States and much of Western Europe, of exclusion on straight racial grounds, as exemplified by Chinese exclusion acts. The force of these exclusions are also subject to political change. Thus, the Immigration Act of 1924 (the Johnson-Reed Act) was part of a white supremacist program, which gave way two decades later to a very different legal regime with the Immigration Act of 1965, which put an end to the venerable system of national-origin quotas.Yet two other reasons for exclusion are constantly at issue. Immigrants not only bring in their labor but also their families, cultures, and traditions that, in public spaces, may clash with local norms and cultures on such elementary and critical matters as to whether women should dress modestly and wear head coverings. Will freewheeling Danes and Swedes feel comfortable if large numbers of Muslims continue their traditional practices with strong barriers between men and women? There are no obvious market mechanisms that will mitigate these issues, and the situation becomes even more fraught if there are large welfare or educational costs that fall, at least in the short run, on local citizens. These are compounded by the fact that immigrants will typically gain political rights that could easily skew the balance of political power between established and newly arrived ethnic groups by altering the outcome of national and local elections. And letting people in is not just done on a simple open-borders policy. Thus, in many countries, as Lance Pritchett discusses, there is the controversial option of letting foreigners in on short-term labor visas that require them to leave after a certain period. And there are further questions about whether people should be deported if they lied on their entry applications or committed some crime while in the new country, as has occurred in the United States. The numbers of cases can be high and their complexity great, so it is fair to ask, along with Jill Family, whether some self-conscious exceptions to the Administrative Procedure Act of 1946, analogous statutes elsewhere, should be regarded as part of the new normal.It is therefore necessary to deal with the thrust and counterthrust on all these issues. It is also fair to ask whether classical liberalism has a distinctive view on these issues, or whether the combination of private gains and multidirectional externalities gives rise to empirical questions that, as always, require further reflection, even when certain situations—the major influx of illegal immigrants on the US southern border—will generate such powerful emotions that detached intellectual inquiry is ever more difficult. We cannot answer these questions, and thus offer to you a set of essays that take a stab at these difficult topics. (shrink)