It is widely held that there are no indigenous roots in China for the rule of law; it is an import from the West. The Chinese legal tradition, rather, is rule by law, as elaborated in ancient Legalist texts such as the Han Feizi. According to the conventional reading of these texts, law is amoral and an instrument in the hands of a central ruler who uses law to consolidate and maintain power. The ruler is the source of all law (...) and stands above the law, so that law, in the final analysis, is whatever pleases the ruler. This essay argues, to the contrary, that the instrumentalism of the Han Feizi is more sophisticated and more principled than the conventional reading acknowledges. It suggests that, by examining the text of the Han Feizi through the lens provided by American legal theorist Lon Fuller, we can detect an explicit articulation of what Fuller called the internal morality of law. The principles of this morality are elaborated and their importance explained. In this way, the Han Feizi is retrieved as a significant reference point for thinking about legal reform in China today. (shrink)

This book... is a set of case studies, relating and reflecting on the stories of specific practitioners, in identified Asian contexts, struggling to act purposefully and conscientiously within their spheres of work, to meet their professional duties as they understand them. Through careful examination of these selected cases, we can learn a great deal about the kinds of moral competence practitioners require in order to act effectively and well in public life.

This collection addresses the concept and role of judge, the act of judging and the requirements and potential abuses inherent in the system and process of sitting in judgement. It considers the issues and questions involved in establishing a framework for assessing judicial morality.

Over its short history, the young field of “neuroethics” has enjoyed remarkable public support within neuroscience. For instance, since 2006 the Annual Meeting of the Society for Neuroscience has h...

Most of the world now accepts the idea, first proposed four decades ago, that death means “brain death.” But the idea has always been open to criticism because it doesn't square with all of our intuitions about death. In fact, none of the possible definitions of death quite works. Death, perhaps surprisingly, eludes definition, and “brain death” can be accepted only as a refinement of what is in fact a fuzzy concept.

: Most of the world now accepts the idea, first proposed four decades ago, that death means "brain death." But the idea has always been open to criticism because it doesn't square with all of our intuitions about death. In fact, none of the possible definitions of death quite works. Death, perhaps surprisingly, eludes definition, and "brain death" can be accepted only as a refinement of what is in fact a fuzzy concept.

The equipoise requirement in clinical research demands that, if patients are to be randomly assigned to one of two interventions in a clinical trial, there must be genuine doubt about which is better. This reflects the traditional view that physicians must never knowingly compromise the care of their patients, even for the sake of future patients. Equipoise has proven to be deeply problematic, especially in the Third World. Some recent critics have argued against equipoise on the grounds that clinical research (...) is fundamentally distinct from clinical care, and thus should be governed by different norms. I argue against this "difference position," and instead take issue with the traditional, exclusively patient-centered account of physicians' obligations that equipoise presupposes. In place of this traditional view, I propose a Kantian test for the reasonable partiality that physicians should show their patients, focusing on its application in clinical research and medical education. (shrink)

Standard approaches to the morality of abortion typically founder on the question of the “personhood” of the fetus. This paper attempts to avoid this problem by developing an alternative approach in which philosophical positions are derived not from a presumed right to life but from the special moral obligations of parents to nurture their immature children. After a discussion of the notion of parental responsibility, three leading accounts of the acquisition of parental responsibilities are examined: one based on biological relationship, (...) one based on consent, and one based on causal responsibility. The consequences of each of these positions for the morality of abortion are examined and each is considered in relation to cases involving nonstandard methods of procreation, e.g. surrogate mothering, artificial insemination by donor, and embryo transfer. On the basis of these cases, I argue that the model based on causal responsibility provides the most adequate criterion for the ascription of parental responsibility. While some discussion is devoted to the question of implementing this model as social policy, the main thrust of the paper is not so much to defend a particular policy on the morality of abortion as it is to argue for the approach to the problem based on the notion of parental responsibility over the more familiar approach relying on the right to life. (shrink)

In their thoughtful and rigorous article, Peterson and colleagues extend an account of supported decision-making that was originally developed for people with static cognitive impairments, t...

This illuminating collection of essays encompasses conceptions of responsibility around the globe, as discussed by leading scholars in the fields of philosophy, ...

ABSTRACT The term “deep state” has enjoyed political prominence in recent years, especially in movements around former President Donald Trump. However, the term emerged in the activist milieu after the founding of Students for a Democratic Society, which sought to engender political realignment in the aftermath of the Kennedy assassination. Those on the far right who use the term to level accusations of conspiracy at supposed subversives in the administrative state are unwittingly drawing on a long-running but little-analyzed intellectual tradition. (...) In that tradition, conspiracy theories purport to unmask the real intentions of political actors in order to facilitate cooperation and recruitment across ideological and partisan divides. From the postwar period to the present, conspiracy theories, and the “deep state” vocabulary in particular, circulated freely across the left-right political divide. Authors and activists were attracted to these tropes and texts not merely because they appeared to reveal concrete truths about long-hidden elements of American political life, but also because their very ambiguity enabled them to be flexibly co-opted. Conspiracy theories allowed activists to mobilize around shared gaps in public knowledge about traumatic events like the assassination, activating public dissatisfaction with official explanations of those events. Their ambiguity, coupled with the seeming pervasiveness of conspiracy theorist tropes across political divides, appeared to activists seeking realignment of both the left and the right as a promising tactical opportunity to assert that they and their erstwhile enemies were actually engaged in a shared project. Activists thus came to see conspiracy theory not as the province of an exclusively left or right politics, but as an autonomous and contestable cultural space. This, in turn, led to cross-partisan encounters. (shrink)

Causal and counterfactual thoughts are bound together in Byrne's theory of human imagination. We think there are two issues in her theory that deserve clarification. First, Byrne describes which counterfactual possibilities we think of, but she leaves unexplained the mechanisms by which we generate these possibilities. Second, her exploration of and enablers gives two different predictions of which counterfactuals we think of in causal scenarios. On one account, we think of the counterfactuals which we have control over. On the other, (...) which counterfactuals we think of depends on whether something is a strong cause or an enabler. Although these two accounts sometimes give the same predictions, we present cases in which they differ, and we would like to see Byrne's theory provide a way of reconciling these differences. (shrink)

It is widely agreed among broadly Anselmian theists that God is in some sense the 'delimiter of possibilities.' In other words, the scope of possibility is explained by the manner in which the universe emanates from God. However, existing accounts of God's role here—in terms of freedom, choice, or power—face serious difficulties. The present paper provides a new account of God's role as the delimiter of possibilities in terms of the different manner in which the non-actuality of non-actual states of (...) affairs is explained. Intuitively and metaphorically, we can think of the menu of states of affairs being 'whittled down' in successive stages of a process of divine decision-making, with the different species of impossibility corresponding to when and how the states of affairs are ruled out. I argue that this approach provides genuine contingency while also preserving the Principle of Sufficient Reason. (shrink)

Craik published only one complete work of any length, this essay on The Nature of Explanation.

I am glad to have this opportunity to continue a conversation with authors from whom I have learned so much. In the interest of space I will focus my own remarks on points where I disagree with the...