ABSTRACT Two rival approaches to property rights dominate contemporary political philosophy: Lockean natural rights and egalitarian theories of distributive justice. This article defends a third approach, which can be traced to the work of David Hume. Unlike Lockean rights, Humean property rights are not grounded in pre-institutional moral entitlements. In contrast to the egalitarian approach, which begins with highly abstract principles of distributive justice, Humean theory starts with simple property conventions and shows how more complex institutions can be justified against (...) a background of settled property rights. Property rights allow people to coordinate their use of scarce resources. For property rules to serve this function effectively, certain questions must be considered settled. Treating existing property entitlements as having prima facie validity facilitates cooperation between people who disagree about distributive justice. Lockean and egalitarian theories endorse moral claims that threaten to unsettle property conventions and undermine social cooperation. (shrink)

James Penner has probably done more than anyone else in legal philosophy to set the terms of debate in property theory for the past two decades. His 1997 book, The Idea of Property in Law initiated...

There is mounting evidence that language comprehension involves the activation of mental imagery of the content of utterances (Barsalou, 1999;Bergen, Chang, & Narayan, 2004;Bergen, Narayan, & Feldman, 2003;Narayan, Bergen, & Weinberg, 2004;Richardson, Spivey, McRae, & Barsalou, 2003;Stanfield & Zwaan, 2001;Zwaan, Stanfield, & Yaxley, 2002). This imagery can have motor or perceptual content. Three main questions about the process remain under‐explored, however. First, are lexical associations with perception or motion sufficient to yield mental simulation, or is the integration of lexical semantics (...) into larger structures, like sentences, necessary? Second, what linguistic elements (e.g., verbs, nouns, etc.) trigger mental simulations? Third, how detailed are the visual simulations that are performed? A series of behavioral experiments address these questions, using a visual object categorization task to investigate whether up‐ or down‐related language selectively interferes with visual processing in the same part of the visual field (followingRichardson et al., 2003). The results demonstrate that either subject nouns or main verbs can trigger visual imagery, but only when used in literal sentences about real space—metaphorical language does not yield significant effects—which implies that it is the comprehension of the sentence as a whole and not simply lexical associations that yields imagery effects. These studies also show that the evoked imagery contains detail as to the part of the visual field where the described scene would take place. (shrink)

All health care systems face problems of justice and efficiency related to setting priorities for allocating a limited pool of resources to a population. Because many of the central issues are the same in all systems, the United States and other countries can learn from the successes and failures of countries that have explicitly addressed the question of health care priorities. We review explicit priority setting efforts in Norway, Sweden, Israel, the Netherlands, Denmark, New Zealand, the United Kingdom and the (...) state of Oregon in the US. The approaches used can be divided into those centered on outlining principles versus those that define practices. In order to establish the main lessons from their experiences we consider the process each country used, criteria to judge the success of these efforts, which approaches seem to have met these criteria, and using their successes and failures as a guide, how to proceed in setting priorities. We demonstrate that there is little evidence that establishment of a values framework for priority setting has had any effect on health policy, nor is there evidence that priority setting exercises have led to the envisaged ideal of an open and participatory public involvement in decision making. (shrink)

Eleonore Stump insightfully develops Aquinas’s theodicy to account for a significant source of human suffering, namely the undermining of desires of the heart. Stump argues that what justifies God in allowing such suffering are benefits made available to the sufferer through her suffering that can defeat the suffering by contributing to the fulfillment of her heart’s desires. We summarize Stump’s arguments for why such suffering requires defeat and how it is defeated. We identify three problems with Stump’s account of how (...) such suffering is defeated and offer solutions to each. We defend and strengthen Stump’s response to the hardest cases for her view, and explain what her view demands of God. (shrink)

It has been suggested that focusing on procedures when setting priorities for health care avoids the conflicts that arise when attempting to agree on principles. A prominent example of this approach is “accountability for reasonableness.” We will argue that the same problem arises with procedural accounts; reasonable people will disagree about central elements in the process. We consider the procedural condition of appeal process and three examples of conflicts over coverage decisions: a patients’ rights law in Norway, health technologies coverage (...) recommendations in the UK, and care withheld by HMOs in the US. In each case a process is at the center of controversy, illustrating the difficulties in establishing procedures that are widely accepted as legitimate. Further work must be done in developing procedural frameworks. (shrink)

I defend a broadly Aristotelian account of the virtue of magnanimity against the objection that Aristotelian magnanimity is an expression of the vice of pride and so cannot be a virtue. I identify the essential features of magnanimity on Aristotle’s account and argue that Aquinas preserves these essential features while identifying additional necessary conditions of the virtue of magnanimity that illuminate the virtue and show it to be incompatible with pride. I also show where two other attempts to defend Aquinas’s (...) development of Aristotelian magnanimity against the pride objection fail. (shrink)

Schadenfreude, gluckschmerz, jealousy, and hate are distinctive emotional phenomena, understudied and deserving of increased attention. The authors of this special section have admirably synthesized large literatures, describing major characteristics, eliciting conditions, and functions. We discuss the contributions of each article as well as the issues they raise for theories of emotions and some remaining questions, and suggest ways in which these might be profitably addressed.

Jeffrey Brower argues that Aquinas’s hylomorphic account of change entails a distinction between “property” possession and “property” characterization. Given that and Brower’s assumption that Aquinas’s fundamental hylomorphic compounds are material substances and accidental unities, it follows that material substances are not characterized by the accidents they possess. In order to avoid that counterintuitive consequence, Brower stipulates a form of derivative property characterization and a numerical sameness without identity relation, which together enable him to affirm that material substances are derivatively characterized (...) by the accidents they possess. I argue that, by affirming a plausible alternative to Brower’s account of Aquinas’s fundamental hylomorphic compounds, we can maintain that accidents characterize material substances in the primary sense without having to affirm the real existence of accidental unities or Brower’s objectionable numerical sameness without identity relation. (shrink)

Jeffrey Brower argues that Aquinas’s hylomorphic account of change entails a distinction between “property” possession and “property” characterization. Given that and Brower’s assumption that Aquinas’s fundamental hylomorphic compounds are material substances and accidental unities, it follows that material substances are not characterized by the accidents they possess. In order to avoid that counterintuitive consequence, Brower stipulates a form of derivative property characterization and a numerical sameness without identity relation, which together enable him to affirm that material substances are derivatively characterized (...) by the accidents they possess. I argue that, by affirming a plausible alternative to Brower’s account of Aquinas’s fundamental hylomorphic compounds, we can maintain that accidents characterize material substances in the primary sense without having to affirm the real existence of accidental unities or Brower’s objectionable numerical sameness without identity relation. (shrink)

Biologists, historians, lawyers, art historians, and literary critics all voice arguments in the critical dialogue about what constitutes evidence in research and scholarship. They examine not only the constitution and "blurring" of disciplinary boundaries, but also the configuration of the fact-evidence distinctions made in different disciplines and historical moments the relative function of such concepts as "self-evidence," "experience," "test," "testimony," and "textuality" in varied academic discourses and the way "rules of evidence" are themselves products of historical developments. The essays and (...) rejoinders are by Terry Castle, Lorraine Daston, Carlo Ginzburg, Ian Hacking, Mark Kelman, R. C. Lewontin, Pierre Vidal-Naquet, Mary Poovey, Donald Preziosi, Simon Schaffer, Joan W. Scott, Eve Kosofsky Sedgwick, and Barbara Herrnstein Smith. The critical responses are by Lauren Berlant, James Chandler, Jean Comaroff, Arnold I. Davidson, Harry D. harootunian, Elizabeth Helsinger, Thomas C. Holt, Francoise Meltzer, Robert J. Richards, Lawrence Rothfield, Joel Snyder, Cass R. Sunstein, and William Wimsatt. (shrink)

Two types of variables impact face recognition: estimator variables that cannot be controlled and system variables that are under direct control by the criminal justice system. This article addresses some of the reasons that eyewitnesses are prone to making errors, particularly false identifications. It provides a discussion of the differences between typical facial memory and eyewitness studies and shows that the two areas generally find similar results. It reviews estimator variable effects and focuses on system variables. Traditional facial recognition researchers (...) rarely study system variables but reveal important factors that police and policy makers should consider with regard to eyewitness identification and the courts. It concludes that there is still room for considerable improvement in identification procedures and wants to encourage more system variable research as a means of reducing wrongful convictions. (shrink)

Individuals with anxiety disorders show deficits in the discrimination between a cue that predicts an aversive outcome and a safe stimulus that predicts the absence of that outcome. This impairment has been linked to increased spontaneous recovery of fear following extinction, however it is unknown if there is a link between discrimination and return of fear in a novel context. It is also unknown if impaired discrimination mediates the relationship between trait anxiety and either spontaneous recovery or context renewal. The (...) present study used a differential fear conditioning paradigm to examine the relationships between trait anxiety, discrimination learning, spontaneous recovery and context renewal in healthy volunteers. Fear learning was assessed using continuous ratings of US expectancy and subjective ratings of fear. Discrimination mediated the relationships between trait anxiety and both spontaneous recovery and context renewal such that elevated trait anxiety was associated with poorer discrimination, which in turn was associated with increased fear at test phases. Results are discussed in terms of the genesis and maintenance of anxiety disorders. (shrink)

This article uses a Latina/o critical theory framework (LatCrit), as a branch of critical race theory (CRT) in education, to understand how discourses of racist nativism?the institutionalized ways people perceive, understand and make sense of contemporary US immigration, that justifies native (white) dominance, and reinforces hegemonic power?emerge in California public K?12 education for Chicana students. I use data from 40 testimonio interviews with 20 undocumented and US-born Chicana students, to show how racist nativist discourses have been institutionalized in California public (...) education by English hegemony, that maintains social, political, and economic dominance over Latina/o students and communities, regardless of actual nativity. Teacher practices of English dominance is a manifestation of this hegemony that can be articulated by the concept of racist nativist microaggression?systemic, everyday forms of racist nativism that are subtle, layered, and cumulative verbal and non-verbal assaults directed toward People of Color. (shrink)

The ‘History of the Kings of the Persians’ in Three Arabic Chronicles: The Transmission of the Ira- nian Past from Late Antiquity to Early Islam. Translated, with introduction and notes, by Robert G. Hoyland. Translated Texts for Historians, vol. 69. Liverpool: Liverpool University Press, 2018. Pp. xii + 185. $120, £90 ; $34.95, £24.95.

Islamic ethics, sufism in the teachings of Ḥasan Ḥasanʹzādah Āmulī; a renowned Iranian scholar.

Political sociology; political ethics; Iraq.

[K. Marciniak, Pro Cicerone poeta. Poezja Marka Tulliusza Cycerona na przestrzeni stuleci, Warszawa 2008].

Explaining how something is possible is a familiar and epistemically important achievement in both science and ordinary life. But a satisfactory general account of how-possibly explanation has not yet been given. A crucial desideratum for a successful account is that it must differentiate a demonstration that something is possible from an explanation of how it is possible. In this paper, I offer an account of how-possibly explanation that fully captures this distinction. I motivate my account using two cases, one from (...) ordinary life and one from ornithology. On my account, a how-possibly explanation is a greater achievement than a mere description of how a state of affairs might possibly obtain. In addition to being a potential explanation of why some state of affairs actually obtains, a how-possibly explanation must involve the relief of an imaginative frustration on the part of its recipient. When a recipient’s imaginative frustration is relieved, she does not just know that the state of affairs in question is possible, but is also able to imagine how it could possibly obtain. (shrink)

In this paper I articulate a view of doxastic control that helps defend the legitimacy of our practice of blaming people for their beliefs. I distinguish between three types of doxastic control: intention-based, reason-based, and influence-based. First I argue that, although we lack direct intention-based control over our beliefs, such control is not necessary for legitimate doxastic blame. Second, I suggest that we distinguish two types of reason-responsiveness: sensitivity to reasons and appreciation of reasons. I argue that while both capacities (...) are necessary for satisfying the control condition, neither is sufficient. Finally, I defend an influence-based view of doxastic control according to which we have the capacity to execute intentions to engage in reflection that causally influences our beliefs in positive epistemic ways. This capacity is both necessary and sufficient for satisfying the control condition for legitimate doxastic blame. I end by defending the view from two objections: that reflection is not necessary for meeting the control condition, and that it is not sufficient. (shrink)

This paper seeks to answer the question: Can contemporary forms of artificial intelligence be creative? To answer this question, I consider three conditions that are commonly taken to be necessary for creativity. These are novelty, value, and agency. I argue that while contemporary AI models may have a claim to novelty and value, they cannot satisfy the kind of agency condition required for creativity. From this discussion, a new condition for creativity emerges. Creativity requires curiosity, a motivation to pursue epistemic (...) goods. I argue that contemporary AI models do not satisfy this new condition. Because they lack both agency and curiosity, it is a mistake to attribute the same sort of creativity to AI that we prize in humans. Finally, I consider the question of whether these AI models stand to make human creativity in the arts and sciences obsolete, despite not being creative themselves. I argue, optimistically, that this is unlikely. (shrink)

Lindsay Judson and Vassilis Karasmanis present a selection of philosophical papers by an outstanding international team of scholars, assessing the legacy and continuing relevance of Socrates's thought 2,400 years after his death. The topics of the papers include Socratic method; the notion of definition; Socrates's intellectualist conception of ethics; famous arguments in the Euthyphro and Crito; and aspects of the later portrayal and reception of Socrates as a philosophical and ethical exemplar, by Plato, the Sceptics, and in the early (...) Christian era. Contributors include Lesley Brown, David Charles, John Cooper, Michael Frede, Terence Irwin, Charles Kahn, Vassilis Karasmanis, Carlo Natali, Vasilis Politis, Dory Scaltsas, Gerhard Seel, and C. C. W. Taylor. (shrink)

In this chapter, we explore whether agents have an epistemic duty to eradicate implicit bias. Recent research shows that implicit biases are widespread and they have a wide variety of epistemic effects on our doxastic attitudes. First, we offer some examples and features of implicit biases. Second, we clarify what it means to have an epistemic duty, and discuss the kind of epistemic duties we might have regarding implicit bias. Third, we argue that we have an epistemic duty to eradicate (...) implicit biases that have negative epistemic impact. Finally, we defend this view against the objection that we lack the relevant control over implicit bias that’s required for such a duty. We argue that we have a kind of reflective control over the implicit biases that we are duty-bound to eradicate. And since, as we show, we have this control over a wide variety of implicit biases, there are a lot of implicit biases that we have epistemic duties to eradicate. (shrink)

In this major intellectual history, Ira Katznelson examines the works of Hannah Arendt, Robert Dahl, Richard Hofstadter, Harold Lasswell, Charles Lindblom, Karl Polanyi, and David Truman, detailing their engagement with the larger project of reclaiming the West's moral bearing.