In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other (...) respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law. (shrink)

Reasoning about situations we take to be impossible is useful for a variety of theoretical purposes. Furthermore, using a device of impossible worlds when reasoning about the impossible is useful in the same sorts of ways that the device of possible worlds is useful when reasoning about the possible. This paper discusses some of the uses of impossible worlds and argues that commitment to them can and should be had without great metaphysical or logical cost. The paper then provides an (...) account of reasoning with impossible worlds, by treating such reasoning as reasoning employing counterpossible conditionals, and provides a semantics for the proposed treatment. (shrink)

Scientific models can be performative: they can causally affect the phenomena they are intended to represent. The existing literature offers two responses. The appraisal view emphasizes that performativity can sometimes be a good-making model attribute, e.g., when predictions steer the public’s behavior in desirable ways. The mitigation view seeks to endogenize agents’ behavioral response to model-issued forecasts to get rid of performativity instead. This paper argues that neither approach is fully compelling: the appraisal view encounters severe concerns about moral values (...) illegitimately encroaching on how modelers construct and use models, while the mitigation view fails to acknowledge that endogenization is itself a choice that involves substantive value-judgments relating to the desirability of certain social outcomes. (shrink)

Fourteen newly commissioned essays trace the historical development of the distinction between primary and secondary qualities, which lies at the intersection of issues in metaphysics, epistemology, and philosophy of perception. 'Primary and Secondary Qualities' focuses on the age of the Scientific Revolution, the 'locus classicus' of the distinction, but begins with chapters on ancient Greek and Scholastic accounts of qualities in an effort to identify its origins. The remainder of the volume is devoted to philosophical reflections on qualities from the (...) seventeenth century to the present day. Virtualliy every major figure is represented from Gassendi to Kant, and special attention is paid to Locke, Descartes, and Hume. The essays collected here cover a wide range of topics, including the foundation for the distinction, the question of whether it is lmetaphysical or merely epistemic, the status of secondary qualities, the nature of sensoriy representation, the relation between philosophy and science, the status of dispositions, and the semantics of sensible-quality terms"--Publisher's description, p. [4] of dust jacket. (shrink)

This paper argues that an important type of experiment-target inference, extrapolating causal effects, requires models to be successful. Focusing on extrapolation in Evidence-Based Policy, it is ar...

It is almost universally believed that some infinite regresses are vicious, and also almost universally believed that some are benign. In this paper I argue that regresses can be vicious for several different sorts of reasons. Furthermore, I claim that some intuitively vicious regresses do not suffer from any of the particular aetiologies that guarantee viciousness to regresses, but are nevertheless so on the basis of considerations of parsimony. The difference between some apparently benign and some apparently vicious regresses, then, (...) turns out to be a matter of a more general assessment of costs and benefits, making viciousness of regresses in some cases less of a local matter than is usually thought. (shrink)

Possible worlds have found many applications in contemporary philosophy: from theories of possibility and necessity, to accounts of conditionals, to theories of mental and linguistic content, to understanding supervenience relationships, to theories of properties and propositions, among many other applications. Almost as soon as possible worlds started to be used in formal theories in logic, philosophy of language, philosophy of mind, metaphysics, and elsewhere, theorists started to wonder whether impossible worlds should be postulated as well. In many applications, possible worlds (...) face limitations that can be dealt with through postulating impossible worlds as well. This chapter examines some of the uses of impossible worlds, and philosophical challenges theories of impossible worlds face. (shrink)

In the summer of 2015 the governor of Wisconsin signed an omnibus budget bill that, among other things, removed tenure from state statute—forcing the Board of Regents to rewrite it into board policy documents—and attempted to undermine aspects of shared governance that had been part of life at the university since the founding of the system in the early 1970s. Two years later, the Wisconsin Assembly passed a bill that directed the university to "strive to remain neutral on the public (...) policy controversies of the day". These actions and others like them in Wisconsin are part of a wider trend for states, particularly in those dominated by conservative legislatures and governors, to... (shrink)

I consider recent strategies proposed by econometricians for extrapolating causal effects from experimental to target populations. I argue that these strategies fall prey to the extrapolator’s circle: they require so much knowledge about the target population that the causal effects to be extrapolated can be identified from information about the target alone. I then consider comparative process tracing as a potential remedy. Although specifically designed to evade the extrapolator’s circle, I argue that CPT is unlikely to facilitate extrapolation in typical (...) econometrics and evidence-based policy applications. To argue this, I offer a distinction between two kinds of extrapolation, attributive and predictive, the latter being prevalent in econometrics and evidence-based policy. I argue that CPT is not helpful for predictive extrapolation when using the kinds of evidence that econometricians and evidence-based policy researchers prefer. I suggest that econometricians may need to consider qualitative evidence to overcome this problem. (shrink)

In Simulation and Similarity, Michael Weisberg offers a similarity-based account of the model–world relation, which is the relation in virtue of which successful models are successful. Weisberg’s main idea is that models are similar to targets in virtue of sharing features. An important concern about Weisberg’s account is that it remains silent on what it means for models and targets to share features, and consequently on how feature-sharing contributes to models’ epistemic success. I consider three potential ways of concretizing the (...) concept of shared features: as identical, quantitatively sufficiently close, and sufficiently similar features. I argue that each of these concretizations faces significant challenges, leaving unclear how Weisberg’s account substantially contributes to elucidating the relation in virtue of which successful models are successful. Against this background, I outline a pluralistic revision and argue that this revision may not only help Weisberg's account evade several of the problems that I raise, but also offers a novel perspective on the model–world relation more generally. 1Introduction 2Weisberg’s Feature-Sharing Account 3What Is a Shared Feature? 3.1Identity 3.2Sufficient closeness 3.3Sufficient similarity 4Turning Weisberg’s Account ‘Upside Down’ 5Conclusion. (shrink)

For the philosopher Emmanuel Levinas, it is the presence of the other that obliges the human to speak. What makes the subject a subject is not only the other’s presence but the compulsion to speak, and that compulsion marks the subject as displaced, called into question. The other—the neighbor, the stranger—makes us responsible and marks the subject as always necessarily in relation, a relation that troubles the subject because while we are compelled to respond, that response inevitably fails to contain, (...) to name, that relation. In Levinas’s formulation, the altogether other—the divine—presents us with the paradigmatic case in which the subject is compelled or called by that which exceeds our capacity to understand .. (shrink)

Acceding to the demand that public policy should be based on “the best available evidence” can come at significant moral cost. Important policy questions cannot be addressed using “the best available evidence” as defined by the evidence-based policy paradigm; the paradigm can change the meaning of questions so that they can be addressed using the preferred kind of evidence; and important evidence that does not meet the standard defined by the paradigm can get ignored. We illustrate these problems in three (...) contexts of evidence-based policy. (shrink)

Proponents of evidence-based policy (EBP) call for public policy to be informed by high-quality evidence from randomized controlled trials. This methodological preference aims to promote several epistemic values, e.g. rigor, unbiasedness, precision, and the ability to obtain causal conclusions. I argue that there is a trade-off between these epistemic values and several non-epistemic, moral and political values. This is because the evidence afforded by preferred EBP methods is differentially useful for pursuing different moral and political values. I expand on how (...) this challenges ideals of value-freedom and -neutrality in EBP, and offer suggestions for how EBP methodology might be revised. (shrink)

This paper investigates how intuitions about scientific discovery using artificial intelligence can be used to improve our understanding of scientific discovery more generally. Traditional accounts of discovery have been agent-centred: they place emphasis on identifying a specific agent who is responsible for conducting all, or at least the important part, of a discovery process. We argue that these accounts experience difficulties capturing scientific discovery involving AI and that similar issues arise for human discovery. We propose an alternative, collective-centred view as (...) superior for understanding discovery, with and without AI. This view maintains that discovery is performed by a collective of agents and entities, each making contributions that differ in significance and character, and that attributing credit for discovery depends on various finer-grained properties of the contributions made. Detailing its conceptual resources, we argue that this view is considerably more compelling than its agent-centred alternative. Considering and responding to several theoretical and practical challenges, we point to concrete avenues for further developing the view we propose. (shrink)

Creationism about fictional entities requires a principle connecting what fictions say exist with which fictional entities really exist. The most natural way of spelling out such a principle yields inconsistent verdicts about how many fictional entities are generated by certain inconsistent fictions. Avoiding inconsistency without compromising the attractions of creationism will not be easy.

The central argument of this book is that the interrelated ideas of the educated person and a liberal education are in need of serious rethinking. The book contributes to this rethinking through an analysis of influential historical and contemporary treatments of liberal education, as well as scholarship in feminist theory and critical pedagogy. The book concludes by presenting a new ideal of the educated person and a reconceptualization of liberal education.

What political problem can autobiography solve? This article examines the politics of Frederick Douglass’s antebellum personal narratives: his 1845 slave narrative, the Narrative of the Life of Frederick Douglass, an American Slave, and his 1855 autobiography, My Bondage and My Freedom, written at the opposite ends of Douglass’s transition from the abolitionist politics of William Lloyd Garrison and Wendell Phillips to Douglass’s defense of political action and the Constitution as anti-slavery. Placing the two texts alongside Douglass’s distinction “to narrate wrongs” (...) and “denouncing them,” I argue that Douglass writes My Bondage and My Freedom as a mode of denunciation: an autobiographical critique of injustice that balances analysis of collective oppression with advocacy for communal emancipation. Whereas to narrate wrongs encouraged readers to judge Douglass’s story alongside popular criteria of justice, to denounce wrongs is to implicate readers within the structures that create antebellum subjects on and off the plantation, by revealing the coercions and conditionings of society that make not simply slaves but slaveowners, sympathizers, and abolitionists. This article claims that autobiography is a distinct genre of political theory, one that challenges present relations between the individual and the collective by representing not simply its author but an expanded view of “the people.”. (shrink)

Public policymakers and institutional decision-makers routinely face questions about whether interventions “work”: does universal basic income improve people’s welfare and stimulate entrepreneurial activity? Do gated alleyways reduce burglaries or merely shift the crime burden to neighbouring communities? What is the most cost-effective way to improve students’ reading abilities? These are empirical questions that seem best answered by looking at the world, rather than trusting speculations about what will be effective. Evidence-based policy (EBP) is a movement that concretizes this intuition. It (...) maintains that policy should be based on evidence of “what works.” Not any evidence will do, however. Following on the heels of its intellectual progenitor, evidence-based medicine (EBM), EBP insists on the use of high-quality evidence produced in accordance with rigorous methodological standards. Though intuitively compelling, EBP has attracted significant criticism from methodologists, political scientists, and philosophers. This chapter provides a critical overview of EBP through a philosophical lens, reviewing and discussing some of the most pressing challenges that EBP faces and outlining some proposals for improving it. I first provide a brief overview of EBP and distinguish a broader and narrower understanding of it. I then review existing lines of criticism of EBP, two of which are considered in detail. The first elaborates how EBP struggles with extrapolation, that is, the use of evidence from study populations to make inferences about the effects of policies on novel target populations. The second maintains that EBP’s methodological tenets are deeply entwined with moral and political values, which can threaten EBP’s promise to promote objectivity in policymaking. Finally, I make some proposals for how EBP could be improved going forward. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Christ's Human Nature and the Cry from the Cross:St. Thomas Aquinas on Psalm 22:2Philip Nolan O.P.Christ's cry from the Cross quoting Psalm 22 (Mark 15:34; Matt 27:46) has become a central focus for contemporary Christological debates.1 A number of modern thinkers have read this verse as expressing in Christ an experience of dereliction incompatible with traditional positions concerning divine impassibility Christ's beatific knowledge, and Trinitarian relations.2 Thomas Joseph (...) White has recently offered an insightful Thomistic critique of these interpretations: [End Page 1219]The final cry of Christ on the cross cannot be interpreted as a cry of either despair or of spiritual separation from God. By contrast, it must be understood theologically as a prayer of desire related to Christ's abandonment to the Father and his hope to introduce humanity into the eschatological gift of redemption.3In his work, White is concerned to engage with modern Christological themes using principles derived from the Thomistic tradition. For this reason, he articulates a rather original alternative to modern theologies of dereliction—especially those marked by divine kenoticism and Luther's theology of the Cross. In offering a view inspired by Thomistic principles, White presents his own creative retrieval of Aquinas's ideas concerning the cry from the Cross.At times, however, White's argument leaves somewhat obscure the literal meaning of the words of that cry: "My God, my God, why have you abandoned me?"4 For example, in pushing back against radical interpretations [End Page 1220] of dereliction, he shifts the language of "abandonment" from God's abandonment of Christ to Christ's abandonment to the Father. My argument in this article is that the textual commentaries on Psalm 225 by Augustine and Aquinas—material that White does not consider specifically—can provide an alternate and somewhat complementary Thomistic approach to the one White proposes, and one more soundly based on Aquinas's texts themselves.6 Christ's cry is a quote from this psalm, and Aquinas's commentary on Ps 22:27 develops the Augustinian interpretation of this verse in order to give greater emphasis to Christ's human nature. This emphasis helps to explain, in a classical way, what it can mean that Christ is abandoned. Thus, Aquinas's exegesis bolsters the orthodox response to contemporary revisionist theologians by providing a clear literal understanding of this contested biblical passage without applying an experience of damnation to Christ or denying classical positions concerning divine impassibility, Christ's beatific knowledge, and the nature of Trinitarian relations.To make this argument, I will first look at the rich tradition of reflection on the Christological meaning of the Psalms, and Psalm 22 in particular, inherited by Thomas. This tradition includes a series of psalm commentaries, conciliar documents, and a variety of other theological works. In this tradition, I argue, we see two primary interpretative approaches. The first is what I will call the Augustinian approach, which insists that Christ is speaking on the Cross for sinners and in the voice of sinners. The second interpretation places more weight on Christ's own voice and insists that he is speaking in a real way for himself—Christ in some way truly is abandoned by God. These interpretations need not and should not be read as contradictory. In fact, all the authorities I examine insist on the first approach. Differences emerge, however, in how they coordinate the latter interpretation with the former. I will discuss Thomas's synthesis of these interpretations, a synthesis that he grounds in the reality of Christ's human nature. Finally, I will suggest [End Page 1221] how a close reading of Thomas's mature treatment of Ps 22:2 supplements contemporary Thomist responses to modern Christological concerns and misguided interpretations of Christ's cry on the Cross.Thomas's Sources for Reading Psalm 22:2Thomas's primary source for understanding Ps 22:2 is Scripture itself Both Mark and Matthew report that Christ spoke the words of this psalm from the Cross, a fact which necessitates for Thomas a Christological interpretation of the psalm.8 Augustine links Ps 22:2 with passages in... (shrink)

This encylopedia entry describes the "Canberra Plan" approach to conceptual analysis, a method closely related to the Ramsey-Carnap-Lewis approach to analysing the meaning of theoretical terms.

The recent wave of generative AI (GAI) systems like Stable Diffusion that can produce images from human prompts raises controversial issues about creatorship, originality, creativity and copyright. This paper focuses on creatorship: who creates and should be credited with the outputs made with the help of GAI? Existing views on creatorship are mixed: some insist that GAI systems are mere tools, and human prompters are creators proper; others are more open to acknowledging more significant roles for GAI, but most conceive (...) of creatorship in an all-or-nothing fashion. We develop a novel view, called CCC (collective-centered creation), that improves on these existing positions. On CCC, GAI outputs are created by collectives in the first instance. Claims to creatorship come in degrees and depend on the nature and significance of individual contributions made by the various agents and entities involved, including users, GAI systems, developers, producers of training data and others. Importantly, CCC maintains that GAI systems can sometimes be part of a co-creating collective. We detail how CCC can advance existing debates and resolve controversies around creatorship involving GAI. (shrink)

The language theory of Mikhail Bakhtin does not fall neatly under any single rubric - 'dialogism,' 'marxism,' 'prosaics,' 'authorship' - because the philosophic foundation of his writing rests ambivalently between phenomenology and Marxism. The theoretical tension of these positions creates philosophical impasses in Bakhtin's work, which have been neglected or ignored partly because these impasses are themselves mirrored by the problems of antifoundationalist and materialist tendencies in literary scholarship. In Mikhail Bakhtin: Between Phenomenology and Marxism Michael Bernard-Donals examines various incarnations (...) of phenomenological and materialist theory - including the work of Jauss, Fish, Rorty, Althusser, and Pecheux - and places them beside Bakhtin's work, providing a contextualised study of Bakhtin, a critique of the problems of contemporary critics, and an original contribution to literary theory. (shrink)

This introduction to morality proposes that morality is looked at in five different ways: morality as law, morality as inner conviction, morality as personal growth, morality as love and morality as social transformation. No one of these ways is sufficient in itself to deal with the complex moral questions of today, but each is enriched by the others.

The prescription of practice guidelines for consent in neonatal care that are appropriate for all interventions faces substantial problems. Current practice varies widely. Consent in neonatal care is compromised by postnatal constraints on information sharing and decision-making. Empirical research shows marked individual and cultural variation in the degree to which parents want to contribute to decision-making on behalf of their infants. Conflict between the parents’ wishes and the infant’s best interests could arise if consent for a recommended intervention were refused, (...) and parental refusal of consent may have to be overridden. Consent to an appropriate package of care (such as special, intensive or palliative care) may be morally preferable to a universal requirement to seek consent for all individual interventions entailed by that package. (shrink)

ABSTRACT Pandemics and plagues function rhetorically, by doing violence to the structures of discourse, sociality, hospitality, and mutual engagement that characterize ethical human interaction. They infect us, as rhetorical subjects, and reorient our capacity for engagement. The coronavirus's “novelty” renders it uncertain as to how long it will last or who will be infected next; the near-uniform response to it has been a forced distance of ourselves from others and a displacement from our itineraries and our locations. Through COVID-19 we (...) are learning that pandemic does violence to our sense of place, to how we think of respite, and has highlighted our sense of vulnerability in the midst of others. (shrink)

Despite its growing use over past decades, there has been relatively little public or scholarly discussion of life sentences that deny the possibility of parole. This essay outlines the labyrinthine legal and political developments that have rendered life imprisonment difficult to address—including the intertwined histories of the death penalty and civil death—and draws upon the life writing of those serving life to theorize a more distinct understanding of this punishment. Witnesses reveal how the possibility of life despite the impossibility of (...) parole punishes by subverting the goals of human growth and development. The potentiality of what can be done in the present grinds up against the futility of what could have been done and what could be done were release an option. Considered alongside the laws and court opinions and claims that characterize its convoluted development, these testimonies reveal this punishment’s role in the American imagination. Life without the possibility of parole reinforces and relies upon a vision that not simply some people are unable to change, but that anyone in a democracy—no matter their position—is some steps away from irretrievable exclusion. Permanent confinement denies a restorative vision of democracy: any effort to abolish or amend it must include the voices of those imprisoned. (shrink)

ABSTRACT Academic freedom is typically understood as a means of protecting faculty rights against the violence—physical or intellectual—of the state or of the institution’s administration. This article argues that academic freedom may be seen as a form of violence, insofar as it is potentially threatening to the methodological and institutional stasis of colleges and universities.

An overview of hyperintensionality is provided. Hyperintensional languages have expressions with meanings that are more fine-grained than necessary equivalence. That is, the expressions may necessarily co-apply and yet be distinct in meaning. Adequately accounting for theories cast in hyperintensional languages is important in the philosophy of language; the philosophy of mind; metaphysics; and elsewhere. This entry presents a number of areas in which hyperintensionality is important; a range of approaches to theorising about hyperintensional matters; and a range of debates that (...) attention to hyperintensional constructions has generated. (shrink)

The cognition and information theoretic sciences have now been in existence for the better part of a century. In that time, their varied disciplines have undergone extensive maturation, honing their methods, constitutions, and evaluation techniques in the pursuit of academic rigor, while not losing sight of the practical influences that have served as their almost universal cornerstone. Meanwhile, this period has also been marked by increasing disparity and gradual distancing of the philosophical underpinnings upon which each field is founded, adding (...) strain to interdisciplinary collaborative efforts. This article presents an overview of select information-science-related cognition disciplines, and shows how the nascent Philosophy of Information can be adopted as a means of unifying these philosophical foundations in an empirically sound manner, without sacrificing general applicability. In addition, it demonstrates how PI is already rooted in the philosophies or epistemological views of several of the cognition disciplines, implicitly or otherwise. (shrink)