Some might argue that a right to access information is problematic, as it requires too much from others. Being a "positive right," the possession of which foists upon others a duty to provide something, an RAI might be thought to contrast with a "negative right," such as the right not to be harmed. Here, other people have duties only to refrain from performing certain actions. The critics this paper is concerned with continue that positive rights are problematic, where negative rights (...) are not, since the former obligate people to do something, which is more taxing than obligating people not to do something. So according to a critic of RAIs, such rights are difficult, if not impossible, to justify.This paper takes no position on whether an RAI is positive or negative. It also does not argue whether positive rights can be justified or not. Instead, it argues that, if an RAI is positive, then so are intellectual property rights . This is significant, as critics of RAIs may hold to IPRs. . This paper argues against that one cannot reject an RAI on the basis of its being a positive right without also losing their justification for IPRs. If this is correct, then, proponents of intellectual property who reject an RAI must find independent justification for the former, which itself will not extend to the latter.This is good news for the defender of RAIs, since the sting is removed from one potential criticism thereof. If people have an RAI, this is not anymore burdensome than other rights currently in effect. (shrink)

This paper is a critique of the current US patent system along general consequentialist lines. I present a pro tanto case against it because of its effects on scientific inquiry. The patent system is often thought to be justified because it provides incentives to innovate. I challenge this concern. Economists and legal scholars have spent a good portion of time analyzing particular aspects of the patent system. I here synthesize their work, showing how it amounts to a pro tanto moral (...) case against patents. This is the case even though patents are said to incentivize innovation, its disclosure, and its transfer to interested parties. I explore all of these possibilities, finding them to only weakly support the institution of patent rights. Juxtaposing this weak case for patents along with various problems that patents cause for science, we find a pro tanto case against our current patent system. To my knowledge, no one has tried to synthesize the various concerns I raise, with particular attention to not only the patent’s system purported ability to incentivize innovation, but also to disclose and transfer technology. (shrink)

The law of armed conflict prevents the coerced extraction of information from Prisoners of War (PoWs). We claim, however, that the letter of that law involves too broad a concept of coercion. On a natural reading, there is a sense in which any extraction of information—by any method—is coercive. We respect the notion that PoWs ought not be treated poorly, but we argue “coercion” should not be understood so broadly. With respect to its use in international law, we favor a (...) moralized notion of “coercion,” as opposed to a non-moralized one. We explain what this means, and argue why this is a better reading of the law. We think a moralized notion of coercion is more intuitive, is more in line with both actual practice and the intent of the framers of international law, and has practical benefits as well. (shrink)

Most research in political philosophy focuses on issues related to states and governments. Only rarely do political philosophers focus on the ethical actions of individuals—voters, lobbyists, politicians, party members—acting within large-scale political systems. _Political Ethics _works against the dominant paradigm, offering twenty-one, never before-published essays on the ethics of non-statist political agents. The chapters cover three major areas of political ethics: The Rights and Obligations of Politicians; The Rights and Obligations of Citizens; and Political Parties. The volume is a ground-breaking (...) collection, aiming to alter future direction of political philosophy. (shrink)

Political ethics, a subfield of applied ethics, is concerned with normative questions about voters, politicians, lobbyists, and other individual political agents. Compared with other fields in applied ethics political ethics has not developed into an area of intense interest in academic philosophy. Debates over the main questions in political ethics occur in mainstream news, on social media, in living rooms and neighborhood bars, etc., but for the most part have not bled over into the pages of philosophy journals and books. (...) This volume aims to fill this gap in the philosophical literature. It contains seventeen original papers by a diverse range of leading scholars on central questions in political ethics. (shrink)

We situate the well-trodden debate about defining health and disease within the project of a metaphysics of science and its aim to work with and contribute to science. We make use of Guay and Pradeu’s ‘metaphysical box’ to reframe this debate, showing what is at stake in recent attempts to move beyond it, revealing unforeseen points of agreement and disagreement among new and old positions, and producing new questions that may lead to progress. We then discuss the implications of the (...) two-way benefits between medicine and philosophy when the latter is driven and constrained by medical science. (shrink)

This essay discusses four key criticisms recently leveled against the main attempts to use conceptual analysis to understand health and disease. First, it examines the weaknesses of these attempts and suggests a better way to proceed. Next, it briefly discusses another disease debate concerning pathological mechanisms and suggests that this approach could be more fruitful than that of conceptual analysis. The final section demonstrates how Georges Canguilhem's biological philosophy of disease avoids some of the problems associated with conceptual analysis, and (...) how he can contribute to both debates. Canguilhem's appeal to biological normativity is understood as contributing to a theoretical explanation, and a possible naturalization, of what is specific to healthy and pathological phenomena. (shrink)

In this concluding chapter, we gather the various contributions of this volume and attempt to extract some of the many key insights and challenges raised when it comes to the project of explaining health across the sciences. These insights were distilled down into a selection of the central concepts and issues defended or discussed by the authors, and were organized into a table to see, at a glance, where the attention was given. Reflecting on these insights will go some way (...) towards addressing the question of whether these explanations can be brought together into a coherent or unifying framework or whether we are simply stuck with mutually exclusive views about the multifaceted phenomenon of ‘health’. (shrink)

It would be very desirable to have an account of the relation between mind and world that sustained the integrity of each. In this paper, we will argue that a theory of cognition which is broadly Thomistic can do just that. Many commentators recognize that cognitio is Aquinas’s basic epistemic concept, and that it designates knowledge in the broadest and most basic sense, as distinguished from scientia, or knowledge in the paradigmatic sense. There are several important consequences of this distinction (...) which are relevant to a proper understanding of the way in which a theory of knowledge which is in the Aristotelian-Thomistic tradition approaches the issue of the relation between the mind and the world. First and foremost, knowledge cannot be construed as a univocal concept in the A/t context. There are different senses of knowledge and we should not expect there to be a theory which supplies necessary and sufficient conditions for “S knows that p” that satisfies all the different senses of knowledge. It is perplexing that the contemporary discussion seems to miss this point, for the same sort of systematic ambiguity of the term ‘knowledge’ seems to hold in English. Second, the A/t theory of knowledge is not an epistemological theory in the modern sense, if by “epistemological” we mean one which is clearly demarcated from a metaphysical, psychological, or even semantical theory. The A/t theory is a metaphysics of knowledge. Third, a Thomistic theory of knowledge begins with a theory of cognition which provides the grounds of knowledge across the board, including even that of scientia. (shrink)

Debates in fields studying the biological aspects of aging and longevity, such as biogerontology, are often split between ‘anti-aging’ approaches aimed largely at treating diseases and those focusing more on maintaining, promoting, and even enhancing health. However, it is far from clear what this ‘health’ is that would be maintained, promoted, or enhanced. Interestingly, what few have yet to fully reflect on is that there is still no theory of health within the health or aging sciences that would provide an (...) integrative explanatory framework akin to other scientific theories. After clarifying why such a theory could be useful, I discuss five general features of medical theories that could be used to evaluate the utility of a given proposal. With these features in hand, I suggest that philosophers and scientists work together on analyzing actual medical research (experimental analysis), and the ways in which a theoretical construct of ‘health’ is being progressively identified and measured therein. I conclude by suggesting that research fields studying stress and aging might be particularly helpful in developing candidates for theory construction due to their broad scope, increasing specificity, and potential for providing integrative explanations. (shrink)

This book explores the idea that much of our behaviour is controlled by automatic and intuitive mental processes, which shape and compete with our conscious thinking and decision making. Accessibly written, and assuming no prior knowledge of the field, the book will be fascinating reading for all those interested in human behaviour.

This chapter elucidates one small sliver of the developments within the philosophy of mind. It has the dual aim of (a) clarifying Chaba's account of cognition and its objects and (b) examining some of the more profound philosophical consequences that flow from this Kadam Tibetan understanding of cognition. The first half of the chapter elucidates the Kadam understanding of the phenomenology of cognition. Here, the author argues that Chaba and his followers should be seen as endorsing a disjunctive theory of (...) perception. The second half takes up the issue of intentionality and how cognition engages objects that are not directly present to it. The author shows that Chaba's categorization of cognitive states forces him to adopt a strong form of cognitive externalism. (shrink)

No piece of the present conjuncture is more alarming than the explosive growth of the American prison population since the late 1970s. The prison has been a critical element of American government since the early 19th century, but the mentalities of rule and the technologies of power linked to the prison, have changed several times during that history. Building more prison cells, therefore, does not have the same constancy of meaning that building more tanks or more strategic bombers does. While (...) the prison has played a crucial role in construction of successful political orders since the American Revolution, its role at present is unprecedented. In the current era of the neo_liberal, neo_conservative, post_New Deal state, which we can call for shorthand, the "Carceral State," the prison has become the very meaning of sovereignty: a steel leviathan in which an increasingly hollowed out version of the state comes to rest with brutal force on selected parts of the population. (shrink)

When we evaluate moral agents, we consider many factors, including whether the agent acted freely, or under duress or coercion. In turn, moral evaluations have been shown to influence our (non-moral) evaluations of these same factors. For example, when we judge an agent to have acted immorally, we are subsequently more likely to judge the agent to have acted freely, not under force. Here, we investigate the cognitive signatures of this effect in interpersonal situations, in which one agent (“forcer”) forces (...) another agent (“forcee”) to act either immorally or morally. The structure of this relationship allowed us to ask questions about both the “forcer” and the “forcee.” Paradoxically, participants judged that the “forcer” forced the “forcee” to act immorally (i.e. X forced Y), but that the “forcee” was not forced to act immorally (i.e. Y was not forced by X). This pattern obtained only for human agents who acted intentionally. Directly changing participants’ focus from one agent to another (forcer vs. forcee) also changed the target of moral evaluation and therefore force attributions. The full pattern of judgments may provide a window into motivated moral reasoning and focusing bias more generally; participants may have been motivated to attribute greater force to the immoral forcer and greater freedom to the immoral forcee. (shrink)

Eighteenth-century theologian_Jonathan Edwards remains a significant influence on modern religion, and this book constitutes his most important contribution to Christian thought. Edwards_raises timeless questions about desire, choice, good, and evil, contrasting the opposing Calvinist and Arminian views of free will and addressing issues related to God's foreknowledge, determinism, and moral agency.

Here I examine some recent attempts to provide a new way of thinking about the philosophy of time that question the central role of ‘presentness’ within the definition of presentism. The central concern raised by these critics turns on the intelligibility and theoretical usefulness of the term ‘is present’. My overarching aim is to at least challenge such concerns. I begin with arguments due to Deasy. Deasy develops a view that he calls ‘transientism’ and that he takes to be a (...) well-motivated version of presentism. I show that both this way of thinking about presentism and the argument supposedly motivating it all fail. I then move to an argument due to Correia and Rosenkrantz. Correia and Rosenkrantz purport to show that presentism can be salvaged without making recourse to the term ‘is present’. I demonstrate that their arguments fail. I then move on to a view, proposed and defended by Merricks, Tallant, and Zimmerman, and show that it has the wherewithal to meet the challenges raised by Williamson who, as noted above, raises genuine concerns about our capacity to define presentism. (shrink)

I reconsider and enhance a somewhat neglected argument within the domains of reparations for slavery and black reparations. That argument is for compensating present-day descendants of enslaved per...

The *Kāśyapaparivarta, an early Mahāyāna sūtra, has a complex history. Sanskrit and Tibetan versions, and some of its Chinese translations, have been available to scholars for almost a century, thanks to Staël-Holstein’s 1926 editio princeps. Yet no comprehensive survey of available sources, or critical appraisal of their antecedants, has been published, and most importantly, essential Chinese materials have long been overlooked. The present contribution focuses most centrally on the Chinese translations of the scripture. In addition, the relation of the sūtra (...) to the Mahāratnakūṭa collection of forty-nine texts and the possible Indic origins of the latter are explored. (shrink)

Many issues are raised by thinking about “The Idea of Text in Buddhism.” This paper concentrates on scriptures of Indian Buddhism, and considers some of the questions raised or inspired by the papers presented at the 2019 Jerusalem conference on “The Idea of Text in Buddhism.” Consideration is given among other topics to multilingualism, in which context a comparison is offered with the traditions of the Targums in Jewish literature.

Within this paper, I examine Godless normative realism, a naturalistic explanation of morality given by Erik Wielenberg and determine whether the theory poses a threat to abductive moral arguments for the existence of God. In particular, I argue that Wielenberg’s theory is a possible explanation for the existence of moral facts and that it offers a motivation for one to act morally, but that theism, as a whole, remains a better explanation for the moral aspects of the world. To do (...) so, I defend the legitimacy of weak forms of DCT, identify a few areas in which Godless normative realism fails to explain moral aspects of the world, and conclude with a few reasons for thinking that the explanatory scope of theism is superior to that of Wielenberg’s theory. I conclude that abductive moral arguments for the existence of God remain largely unscathed by Godless normative realism. (shrink)

Freedom, and in particular, the freedom of human beings, is a hot topic within the field of metaphysics. In this paper, instead of arguing for the truth of a particular position on freedom, I explore whether a particular position, compatibilism, might be consistent with the existence of moral responsibility and retributive justice. To alleviate ambiguity, I construct a model by which the four primary positions on freedom might be clearly understood. I then distinguish between what I call ‘common-sense’ views of (...) moral responsibility, and ‘complex’ views of moral responsibility. I select a particular complex view, which I term the ‘virtue’ theory of moral responsibility, offer some justification for the sensibility of such a theory, and demonstrate how the virtue theory is consistent with compatibilism. Finally, I propose that retributive justice is consistent with the virtue theory of moral responsibility, and consequently, that retributive justice is consistent with compatibilism. (shrink)

Last year I was given the great honor of following Carine Defoort as the Editor in Chief of Contemporary Chinese Thought, and I have enjoyed every minute of working with CCT guest editors Jana S. R...

Focuses on techniques that help you successfully capture sports and live action photographs, such as freezing action or adding motion blur Covers getting the right gear, setting your camera for the shot, capturing the shot, editing the ...

Contemporary political theory has made the question of the “people” a topic of sustained analysis. This article identifies two broad approaches taken—norm-based and contestation-based—and, noting some problems left outstanding, goes on to advance a complementary account centred on partisan practice. It suggests the definition of “the people” is closely bound up in the analysis of political conflict, and that partisans engaged in such conflict play an essential role in constructing and contesting different principled conceptions. The article goes on to show (...) how such an account does not lead to a normatively hollow, purely historical conception of “the people,” but rather highlights the normative importance of practices that, at the minimum, de-naturalise undesirable conceptions of the people and, at their best, give political legitimacy and a representative basis to those one might wish to see prosper. (shrink)

:Advocates of social equality need to develop an account of the society they favor. I have argued elsewhere that social equality should be conceived negatively: in terms of opposition to asymmetric and alienating relations such as hierarchy, domination and social exclusion, rather than in terms of a positive model of equality. This essay looks in detail at social exclusion, or rather “differential social inclusion,” and especially at the mechanisms that create exclusion and bind excluded groups together, and the consequent effects (...) these mechanisms have on the reinforcement of inequality of opportunity and failure of social solidarity. Possible policies, such as improved social mobility, assertive self-affirmation, validation of subcultures, integration, and the creation of a large public sector are considered as possible responses to differential social inclusion in order to move closer to the idea of a society of equals. (shrink)

Deep brain stimulation (DBS) is frequently described as a ‘reversible’ medical treatment, and the reversibility of DBS is often cited as an important reason for preferring it to brain lesioning procedures as a last resort treatment modality for patients suffering from treatment-refractory conditions. Despite its widespread acceptance, the claim that DBS is reversible has recently come under attack. Critics have pointed out that data are beginning to suggest that there can be non-stimulation-dependent effects of DBS. Furthermore, we lack long-term data (...) about other potential irreversible effects of neuromodulation. This has considerable normative implications for comparisons of DBS and brain lesioning procedures. Indeed, Devan Stahl and colleagues have recently argued that psychiatric DBS should be subject to the same legal safeguards as other forms of psychosurgery, supporting their position by forcibly criticising the claim that DBS is reversible. In this paper, I respond to these criticisms by first clarifying the descriptive and evaluative elements of the reversibility claim that supporters of DBS might invoke, and the different senses of ‘reversibility’ that we might employ in discussing the effects of medical procedures. I go on to suggest that it is possible to defend a nuanced version of the reversibility claim. To do so, I explain how DBS has some effects that are stimulation dependent in the short term, and argue that these effects can have significant normative implications for patient well-being and autonomy. I conclude that we should not abandon a nuanced version of the reversibility claim in the DBS debate. (shrink)

abstract The most well‐known liberal‐egalitarian defence of cultural rights, provided by Will Kymlicka, presents culture as a primary good, and thus a resource that ought to be distributed according to some fair egalitarian criteria. Kymlicka relies on the intuition that inequalities between persons that are the result of brute luck rather than personal choice are unjust in making the case for various multicultural rights. This article makes two main claims. First, the standard luck egalitarian intuition on which Kymlicka's argument relies (...) cannot justify what he calls ‘polyethnic rights,’ in particular cultural and religious exemptions from generally applicable laws. Second, I argue that such exemptions are justifiable by appealing to the public value of fair equality of opportunity, properly construed. (shrink)

From Odysseus' seduction by the song of the Sirens to Oscar Moore's 1991 novel A Matter of Life and Sex , whose protagonist courts death through sex and dies of AIDS, the frustrated relationship between death and desire has fixated the Western imagination. Philosophers have grappled with it and poets have told of its beauty and pain. In this strikingly original work, cultural critic Jonathan Dollimore once again demonstrates his remarkable ability to take on the complex and reveal its (...) relevance with eloquence and grace. Death, Desire and Loss in Western Culture is a rich testament to our ubiquitous preoccupation with the tangled web of death and desire. In these pages we find nuanced analysis that blends Plato with Shelley, Hölderlin with Foucault. Dollimore, a gifted thinker, is not content to summarize these texts from afar; instead, he weaves a thread through each to tell the magnificent story of the making of the modern individual. An immensely important book, Death, Desire and Loss in Western Culture is a challenge to the way we understand desire, sexuality, and the very notion of identity. (shrink)

Theories concerning the structure, or format, of mental representation should (1) be formulated in mechanistic, rather than metaphorical terms; (2) do justice to several philosophical intuitions about mental representation; and (3) explain the human capacity to predict the consequences of worldly alterations (i.e., to think before we act). The hypothesis that thinking involves the application of syntax-sensitive inference rules to syntactically structured mental representations has been said to satisfy all three conditions. An alternative hypothesis is that thinking requires the construction (...) and manipulation of the cognitive equivalent of scale models. A reading of this hypothesis is provided that satisfies condition (1) and which, even though it may not fully satisfy condition (2), turns out (in light of the frame problem) to be the only known way to satisfy condition (3). (shrink)

Written by leading theorists and empirical researchers, this book presents new ways of addressing the old question: Why did religion first emerge and then continue to evolve in all human societies? The authors of the book--each with a different background across the social sciences and humanities -- assimilate conceptual leads and empirical findings from anthropology, evolutionary biology, evolutionary sociology, neurology, primate behavioral studies, explanations of human interaction and group dynamics, and a wide range of religious scholarship to construct a deeper (...) and more powerful explanation of the origins and subsequent evolutionary development of religions than can be currently found in what is now vast literature. While explaining religion has been a central question in many disciplines for a long time, this book draws upon a much wider array of literatures to develop a robust and cross-disciplinary analysis of religion. The book remains true to its subtitle by emphasizing an array of both biological and sociocultural forms of selection dynamics that are fundamental to explaining religion as a universal institution in human societies. In addition to Darwinian selection, which can explain the biology and neurology of religion, the book outlines a set of four additional types of sociocultural natural selection that can explain fill out the explanation of why religion first emerged as an institutional system in human societies, and why it has continued to evolve over the last 200,000 years of societal evolution. These sociocultural forms of natural selection are labeled by the names of the early sociologists who first emphasized them; and these can be seen as a necessary supplement to the type of natural selection theorized by Charles Darwin. Explanations of religion that remain in the shadow cast by Darwin's great insights will, it is argued, remain narrow and incomplete when explaining a robust sociocultural phenomena like religion. (shrink)