English summary: Marc Andre Wiegand analyzes the neo-Kantian premises of Gustav Radbruch's legal philosophy.

Standardly, epistemic peers regarding a given matter are said to be people of equal competence who share all relevant evidence. Alternatively, one can define epistemic peers regarding a given matter as people who are equally likely to be right about that matter. I argue that a definition in terms of likelihood captures the essence of epistemic peerhood better than the standard definition or any variant of it. What is more, a likelihood definition implies the truth of the central thesis in (...) the debate on peer disagreement, the so-called Equal Weight View, according to which we should give the opinions of our peers the same weight we give our own. Adopting a likelihood definition, however, does not end the debate on peer disagreement, because the alleged theoretical alternatives to the Equal Weight View, reinterpreted in the light of a likelihood definition, can in fact be shown to be compatible with this view—though the reinterpreted versions may appear less plausible than the original ones. (shrink)

The evidence that we get from peer disagreement is especially problematic from a Bayesian point of view since the belief revision caused by a piece of such evidence cannot be modelled along the lines of Bayesian conditionalisation. This paper explains how exactly this problem arises, what features of peer disagreements are responsible for it, and what lessons should be drawn for both the analysis of peer disagreements and Bayesian conditionalisation as a model of evidence acquisition. In particular, it is pointed (...) out that the same characteristic of evidence from disagreement that explains the problems with Bayesian conditionalisation also suggests an interpretation of suspension of belief in terms of imprecise probabilities. (shrink)

A commonly neglected feature of the so-called Equal Weight View, according to which we should give our peers’ opinions the same weight we give our own, is its prima facie incompatibility with the common picture of philosophy as an armchair activity: an intellectual effort to seek a priori knowledge. This view seems to imply that our beliefs are more likely to be true if we leave our armchair in order to find out whether there actually are peers who, by disagreeing (...) with us, force us to revise our beliefs. This article argues that the Equal Weight View should be spelled out in such a way that not only actual peer disagreement requires us to revise our beliefs, but also merely possible peer disagreement. This result is not a reductio ad absurdum of the view. Quite the opposite: it shows that the view is, contrary to appearance, compatible with our common way of doing philosophy. (shrink)

Unknown peers create a problem for those epistemologists who argue that we should be conciliatory in cases of peer disagreement. The standard interpretation of ‘being conciliatory’ has it that we should revise our opinions concerning a specific subject matter whenever we encounter someone who is as competent and well informed as we are concerning this subject matter (and thus is our peer) and holds a different opinion. As a consequence, peers whom we have never encountered and who are hence unknown (...) to us are not taken into account. This, however, appears odd; not only because it is an accidental matter which peers we happen to encounter and which not, but also because it would allow people to deliberately isolate themselves from any kind of intellectual exchange on the topic under consideration. The paper argues that we should take the problem of unknown peers seriously, and that disregarding the problem is an instance of the more general mistake of assuming that evidential quality and justified believability can be dealt with separately. Moreover, a solution to the problem of unknown peers is suggested. (shrink)

Dieser Text geht der Frage nach, ob und, wenn ja, inwieweit sich Gedankenexperimente in der praktischen Philosophie in ihrer Struktur und ihrer epistemischen Signifikanz von Gedankenexperimenten in der theoretischen Philosophie oder in den Naturwissenschaften unterscheiden. Anhand einer allgemeinen Strukturanalyse von Gedankenexperimenten wird dabei aufgezeigt, dass bei Gedankenexperimenten in der praktischen Philosophie zwar häufig die angemessene Bewertung eines zugrunde gelegten Szenarios im Zentrum steht und nicht, wie zum Beispiel in theoretischen Philosophie oft, dessen angemessene Beschreibung, dass dieser Unterschied aber kaum Auswirkungen (...) hat auf die prinzipielle Anwendbarkeit – abgesehen von einer bisher übersehenen Konsequenz: Man darf in einem Gedankenexperiment nicht annehmen, dass moralische, ästhetische oder entscheidungstheoretische Prinzipien in unterschiedlichen möglichen Welten verschieden sind. Andernfalls käme dem Gedankenexperiment keinerlei epistemische Signifikanz zu. (shrink)

Debates on the moral status of human embryos have been highly and continuously controversial. For many, these controversies have turned into a fruitless scholastical endeavor. However, recent developments and insights in cellular biology have cast further doubt on one of the core points of dissent: the argument from potentiality. In this article we want to show in a nonscholastical way why this argument cannot possibly survive. Getting once more into the intricacies of status debates is a must in our eyes. (...) Not merely intellectual coherence but the standing and self-understanding of current stem cell research might profit from finally taking leave of the argument from potentiality. (shrink)

ZusammenfassungDie Odysseus-Verfügung ist als besondere Form der Patientenverfügung zumindest in der Literatur hinlänglich bekannt. Die Verwendung des Begriffs und damit sein Gegenstandsbereich sind hingegen noch immer umstritten. Zudem wird oft nicht beachtet, dass es innerhalb dieses Gegenstandsbereichs Varianten von OVs zu differenzieren gilt, die sich auch in ihrer moralischen Rechtfertigung unterscheiden. Nicht zuletzt ist die Grundstrukturstruktur dieser Rechtfertigung umstritten. Vor diesem Hintergrund plädieren wir im Folgenden zunächst für eine Eingrenzung des Begriffs, mit der argumentative und klinisch-praktische Verwirrungen vermieden werden können. (...) Anschließend betrachten wir zwei Varianten von – Zwang legitimierenden – OVs, die sich in der individuellen Kompetenz des Destinatärs unterscheiden. Schließlich zeigen wir, dass deren Rechtfertigung ungeachtet des Umstandes, dass OVs auf Wiedererlangung der Urteils- und Steuerungsfähigkeit des Patienten angelegt sind, weder in einer gemutmaßten noch gar in einer faktischen retrospektiven Billigung von Zwang durch den Patienten liegt. Die primäre Legitimationsgrundlage von OVs besteht vielmehr in der ex ante erfolgenden Autorisierung durch den Betroffenen selbst. Die hier einzuräumende Autorität wiederum basiert auf dem Recht jeder Person auf lebensplanerische Selbstbestimmung. In einem kurzen abschließenden Teil skizzieren wir dann noch die besondere Bedeutung der Odysseus-Vereinbarung als einer Unterform der OV. (shrink)

Marc Hauser puts forth the theory that humans have evolved a universal moral instinct, unconsciously propelling us to deliver judgments of right and wrong independent of gender, education, and religion. Combining his cutting-edge research with the latest findings in cognitive psychology, linguistics, neuroscience, evolutionary biology, economics, and anthropology, Hauser explores the startling implications of his provocative theory vis-à-vis contemporary bioethics, religion, the law, and our everyday lives.

In 2012, the Swedish newspaper Dagens Nyheter published a series of articles criticising Swedish national level gymnastics for being abusive. This text analyses the subsequent debate by identifying the discursive and rhetorical resources used by the involved parties. The analysis shows how the parties negotiate accountability, manage dilemmas of stake and what the possible social consequences of these are. Five narratives are singled out in the debate: the counter narrative, the victim narrative, the defence-speech narrative, the expert narrative and the (...) ‘not-us-narrative’. In these narratives, the involved parties used rhetorical resources to account for reality. Hence, the gymnastics community, the research community, individuals and journalists are all portrayed as actors co-producing a social problem. (shrink)

Richard Boyd’s Homeostatic Property Cluster Theory is becoming the received view of natural kinds in the philosophy of science. However, a problem with HPC Theory is that it neglects many kinds highlighted by scientific classifications while at the same time endorsing kinds rejected by science. In other words, there is a mismatch between HPC kinds and the kinds of science. An adequate account of natural kinds should accurately track the classifications of successful science. We offer an alternative account of natural (...) kinds that better recognizes the diversity of epistemic aims scientists have for constructing classifications. That account introduces the idea of a classificatory program and provides criteria for judging whether a classificatory program identifies natural kinds. (shrink)

The question of whether biologists should continue to use the Linnaean hierarchy has been a hotly debated issue. Invented before the introduction of evolutionary theory, Linnaeus's system of classifying organisms is based on outdated theoretical assumptions, and is thought to be unable to provide accurate biological classifications. Marc Ereshefsky argues that biologists should abandon the Linnaean system and adopt an alternative that is more in line with evolutionary theory. He traces the evolution of the Linnaean hierarchy from its introduction (...) to the present. He illustrates how the continued use of this system hampers our ability to classify the organic world, and then goes on to make specific recommendations for a post-Linnaean method of classification. Accessible to a wide range of readers by providing introductory chapters to the philosophy of classification and the taxonomy of biology, the book will interest both scholars and students of biology and the philosophy of science. (shrink)

This article introduces the doctrine of the passions in the Hobbesian work, showing its debt with tradition, especially the scholastic Aristotelian one, even if, at the same time, it offers some breach features with this tradition, which are also analysed. In addition, the fundamentals of imagination manifest themselves in the appetitive process, in Hobbes's doctrine as well as in the scholastic Aristotelian tradition, showing their similarities and differences.

How should we define ‘health’ and ‘disease’? There are three main positions in the literature. Naturalists desire value-free definitions based on scientific theories. Normativists believe that our uses of ‘health’ and ‘disease’ reflect value judgments. Hybrid theorists offer definitions containing both normativist and naturalist elements. This paper discusses the problems with these views and offers an alternative approach to the debate over ‘health’ and ‘disease’. Instead of trying to find the correct definitions of ‘health’ and ‘disease’ we should explicitly talk (...) about the considerations that are central in medical discussions, namely state descriptions and normative claims . This distinction avoids the problems facing the major approaches to defining ‘health’ and ‘disease’, and it more clearly captures what matters in medical discussions. (shrink)

This paper takes up the cause of species pluralism. An argument for species pluralism is provided and standard monist objections to pluralism are answered. A new form of species pluralism is developed and shown to be an improvement over previous forms. This paper also offers a general foundation on which to base a pluralistic approach to biological classification.

This work presents a large selection of Venturi, Scott Brown, and Izenour's pictures in large size. The essays complement the pictures and investigate how they used images to contemplate the phenomenon of the modern city and forge the link to the architectural practice of the past decades.

Species pluralism gives us reason to doubt the existence of the species category. The problem is not that species concepts are chosen according to our interests or that pluralism and the desire for hierarchical classifications are incompatible. The problem is that the various taxa we call 'species' lack a common unifying feature.

The received view in the philosophy of biology is that biological taxa (species and higher taxa) do not have essences. Recently, some philosophers (Boyd, Devitt, Griffiths, LaPorte, Okasha, and Wilson) have suggested new forms of biological essentialism. They argue that according to these new forms of essentialism, biological taxa do have essences. This article critically evaluates the new biological essentialism. This article’s thesis is that the costs of adopting the new biological essentialism are many, yet the benefits are none, so (...) there is no compelling reason to resurrect essentialism concerning biological taxa. (shrink)

What is structural rationality? Specifically, what is the distinctive feature of structural requirements of rationality? Some philosophers have argued, roughly, that the distinctive feature of structural requirements is coherence. But what does coherence mean, exactly? Or, at least, what do structuralists about rationality have in mind when they claim that structural rationality is coherence? This issue matters for making progress in various active debates concerning rationality. In this paper, I analyze three strategies for figuring out what coherence means in the (...) debates on structural rationality. I argue that these strategies face problems. (shrink)

Several logical operators are defined as dual pairs, in different types of logics. Such dual pairs of operators also occur in other algebraic theories, such as mathematical morphology. Based on this observation, this paper proposes to define, at the abstract level of institutions, a pair of abstract dual and logical operators as morphological erosion and dilation. Standard quantifiers and modalities are then derived from these two abstract logical operators. These operators are studied both on sets of states and sets of (...) models. To cope with the lack of explicit set of states in institutions, the proposed abstract logical dual operators are defined in an extension of institutions, the stratified institutions, which take into account the notion of open sentences, whose satisfaction is parametrised by sets of states. A hint on the potential interest of the proposed framework for spatial reasoning is also provided. (shrink)

Según la noción clásica el derecho es el objeto de la justicia; también clásicamente se dice que el ius es lo justo, lo debido. Según esto, el ius naturale es lo justo que se funda en la naturaleza y es lo debido por naturaleza. Frente a estas nociones clásicas Thomas Hobbes define al ius naturale como la libertad que cada hombre tiene de usar su propio poder como quiera, para la conservación de su propia naturaleza, es decir, de su vida. (...) También podemos marcar la diferencia entre la concepción clásica de la ley natural como dictamen de la razón práctica que ordena al hombre hacia el fin inscripto en su naturaleza, permitiendo reconocer el bien y el mal afin de realizar el primero y evitar el último, de la noción moderna hobbesiana que concibe la lex naturalis como norma general que obliga a realizar lo que preserve mejor su vida u omitir lo que pueda destruirla o privarle de los medios de conservarla. El objetivo de este artículo es mostrar cómo y porqué se llega a estas diferencias tan marcadas. (shrink)

This paper examines David Hull’s and Peter Godfrey-Smith’s accounts of biological individuality using the case of biofilms. Biofilms fail standard criteria for individuality, such as having reproductive bottlenecks and forming parent-offspring lineages. Nevertheless, biofilms are good candidates for individuals. The nature of biofilms shows that Godfrey-Smith’s account of individuality, with its reliance on reproduction, is too restrictive. Hull’s interactor notion of individuality better captures biofilms, and we argue that it offers a better account of biological individuality. However, Hull’s notion of (...) interactor needs more precision. We suggest some ways to make Hull’s notion of interactor and his account of individuality more precise. Generally, we maintain that biofilms are a good test case for theories of individuality, and a careful examination of biofilms furthers our understanding of biological individuality. (shrink)

In this paper, I aim to show that agency-based accounts of moral status are more plausible than many have previously thought. I do this by developing a novel account of moral status that takes agency, understood as the capacity for intentional action, to be the necessary and sufficient condition for the possession of moral status. This account also suggests that the capacities required for sentience entail the possession of agency, and the capacities required for agency, entail the possession of sentience. (...) Thus on this account sentient beings possess agency and agents possess sentience. If this is correct, it will show that an Agency Account of moral status can offer a plausible defence of the moral status of all sentient beings, something that previous Agency Accounts have not succeeded in doing. What is more, this account could establish that all sentient animals are not just moral status holders per se, but that they are owed pro tanto obligations regarding continued existence and liberty, similar in kind, though not always in strength, to those owed to humans. (shrink)

To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation (within the limited range of our sample population) and (2) a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

This paper examines the species problem in microbiology and its implications for the species problem more generally. Given the different meanings of ‘species’ in microbiology, the use of ‘species’ in biology is more multifarious and problematic than commonly recognized. So much so, that recent work in microbial systematics casts doubt on the existence of a prokaryote species category in nature. It also casts doubt on the existence of a general species category for all of life (one that includes both prokaryotes (...) and eukaryotes). Prokaryote biology also undermines recent attempts to save the species category, such as the suggestion that species are metapopulation lineages and the idea that ‘species’ is a family resemblance concept. (shrink)

: To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: patterns of moral (...) judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation and a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

A standard requirement on natural kinds is that they be mind independent. However, many kinds in the human and social sciences, even the natural sciences, depend on human thought. This article suggests that the mind independence requirement on natural kinds be replaced with the requirement that natural kind classifications be defeasible. The defeasibility requirement does not require that natural kinds be mind independent, so it does not exclude mind dependent scientific kinds from being natural kinds. Furthermore, the defeasibility requirement captures (...) the idea that natural kind classifications are tools for investigating the empirical world. (shrink)

Homeostatic Property Cluster (HPC) theory suggests that species and other biological taxa consist of organisms that share certain similarities. HPC theory acknowledges the existence of Darwinian variation within biological taxa. The claim is that “homeostatic mechanisms” acting on the members of such taxa nonetheless ensure a significant cluster of similarities. The HPC theorist’s focus on individual similarities is inadequate to account for stable polymorphism within taxa, and fails properly to capture their historical nature. A better approach is to treat distributions (...) of traits in species populations as irreducible facts, explained in terms of selection pressures, genealogy, and other evolutionary factors. We call this view Population Structure Theory (PST). PST accommodates the view, implicit in biological systematics, that species are identified by reference to particular historical populations. (shrink)

This paper explores an important type of biological explanation called ‘homology thinking.’ Homology thinking explains the properties of a homologue by citing the history of a homologue. Homology thinking is significant in several ways. First, it offers more detailed explanations of biological phenomena than corresponding analogy explanations. Second, it provides an important explanation of character similarity and difference. Third, homology thinking offers a promising account of multiple realizability in biology.

A number of authors argue that while species are evolutionary units, individuals and real entities, higher taxa are not. I argue that drawing the divide between species and higher taxa along such lines has not been successful. Common conceptions of evolutionary units either include or exclude both types of taxa. Most species, like all higher taxa, are not individuals, but historical entities. Furthermore, higher taxa are neither more nor less real than species. None of this implies that there is no (...) distinction between species and higher taxa; the point is that such a distinction is more subtle than many authors have claimed. (shrink)

Logical puzzles like the doctrinal paradox raise the problem of how to aggregate individual judgements into a collective judgement, or alternatively, how to merge collectively inconsistent knowledge bases. In this paper, we view judgement aggregation as a function on propositional logic valuations, and we investigate how logic constrains judgement aggregation. In particular, we show that there is no non-dictatorial decision method for aggregating sets of judgements in a logically consistent way if the decision method is local, i.e., only depends on (...) the individual judgements on the proposition under consideration. (shrink)