This book explores the question of how international law is applied by domestic courts. Through case studies and analysis the contributors consider how traditions and diversity affect the interpretation of international law, from a mixture of doctrinal, practical, and theoretical approaches.

According to the traditional view, preventive uses of force between states and preventive killings of individuals, to be legal, have one basic requirement in common, namely, the requirement of the immediacy of the threat posed. The U.S. National Security Strategy of September 2002, the so-called Bush doctrine, and the so-called Israeli policy of "targeted killing" challenge precisely this core requirement for the preventive use of force against states and against individuals. The author argues that abandonment of the traditional standard is (...) unwarranted, even when taking into account the new kinds of threats that have arisen in recent times. Such abandonment, he argues, would risk transforming indispensable foundations of the international law on the use of force and on human rights. (shrink)

Proportionality, as a concept, does not contain any inherent standards, but rather refers to a proper balance between all relevant factors. It is nevertheless necessary to make analytical distinctions that help identify the premises of its application within different contexts. This is particularly true for an area like international humanitarian law in which a proper focusing of the principle of proportionality is crucial. This article suggests that the distinction between a “thin” and a “thick” approach is a helpful analytical tool (...) depending on the number and the character of factors to be taken into account in the application of the principle of proportionality. The judgment of the Supreme Court of Israel on the permissibility of “targeted killings” is used to exemplify the drawbacks and advantages of both approaches. (shrink)

Written in the 1960s, TRUTH AND METHOD is Gadamer's magnum opus.

George Berkeley (1685-1753) is the superstar of Irish Philosophy. He entered Trinity College, Dublin, in 1700 and became a fellow in 1707. In 1724 he resigned his Fellowship to become Dean of Derry, and in 1734 he was made Bishop of Cloyne. He settled in Oxford in 1752 and died the following year. The work of George Berkeley is marked by its diversity and range. His writings take in such topics as mathematics, psychology, politics, health, economics, deism and education, as (...) well as that with which he is most associated - philosophy. Whatever topic he dealt with, his grasp of the subject matter was always impressive and his criticisms of his contemporaries often acute. Among the most noteable of the British Empiricists, he took his starting point from Locke's new 'way of ideas', but he rejected abstract ideas and the possibility of real existence outside perception. It is for this doctrine that he is most known - that there is no such thing as matter, and that things are collections of ideas which can exist only in our minds and only for so long as they are perceived. This philosophy, summed up in his phrase 'to be is to be perceived', he termed 'immaterialism'. A.C. Fraser's collection includes a series of what were previously unpublished notes by Berkeley on all the main topics of his philosophy. This, the 1901 edition, was the first complete edition of his works. (shrink)

A brilliant and comprehensive history of the creation of the modern Western mind. Soul Machine takes us back to the origins of modernity, a time when a crisis in religious authority and the scientific revolution led to searching questions about the nature of human inner life. This is the story of how a new concept—the mind—emerged as a potential solution, one that was part soul and part machine, but fully neither. In this groundbreaking work, award-winning historian George Makari shows how (...) writers, philosophers, physicians, and anatomists worked to construct notions of the mind as not an ethereal thing, but a natural one. From the ascent of Oliver Cromwell to the fall of Napoleon, seminal thinkers like Hobbes, Locke, Diderot, and Kant worked alongside often-forgotten brain specialists, physiologists, and alienists in the hopes of mapping the inner world. Conducted in a cauldron of political turmoil, these frequently shocking, always embattled efforts would give rise to psychiatry, mind sciences such as phrenology, and radically new visions of the self. Further, they would be crucial to the establishment of secular ethics and political liberalism. Boldly original, wide-ranging, and brilliantly synthetic, Soul Machine gives us a masterful, new account of the making of the modern Western mind. (shrink)

Throughout The Blessed and Boundless God, he proves his doctrine by demonstrating God's incomparableness in His being, attributes, works, and words. Swinnock is a pastor-theologian who views theology as the means by which we grow in acquaintance with God and, consequently, in godliness.

This study aimed to explore postgraduate students’ lived experiences of managing research ethics committee processes. Whilst there is a wide range of research that explores ethics principles/guidan...

This article brings to light some of the characteristics of the pervasive parental overpermissiveness and hyper-protectionism that unfortunately have made their way into our culture. With the aid of philosophers of education, such as Locke, Rousseau, and Dewey, I expose the corrosive effects that parental overindulgence has on the potential happiness of those in their charge, as well as on those who share their social space. As these philosophers warned long ago, by overindulging their desires, parents either overextend their children’s (...) expectations well beyond the reality of their capabilities or they squash their initiative by usurping their independence. In either case, parents cripple their children’s autonomy and thereby detract from the real work needed to develop habits and dispositions necessary to plan and carry out achievable accomplishments that are integral for sustained and enduring happiness. Put more simply, overindulgence, to the extent this impedes the development of requisite skills for achieving happiness and developing a sense of social responsibility, becomes a disguised form of child abuse. (shrink)

It has sometimes been claimed (usually without evidence) that the harm caused by an individual's participation in a greenhouse-gas-intensive economy is negligible. Using data from several contemporary sources, this paper attempts to estimate the harm done by an average American. This estimate is crude, and further refinements are surely needed. But the upshot is that the average American is responsible, through his/her greenhouse gas emissions, for the suffering and/or deaths of one or two future people.

The paper begins with a clarification of the notions of intuition (and, in particular, modal intuition), modal error, conceivability, metaphysical possibility, and epistemic possibility. It is argued that two-dimensionalism is the wrong framework for modal epistemology and that a certain nonreductionist approach to the theory of concepts and propositions is required instead. Finally, there is an examination of moderate rationalism’s impact on modal arguments in the philosophy of mind -- for example, Yablo’s disembodiment argument and Chalmers’s zombie argument. A less (...) vulnerable style of modal argument is defended, which nevertheless wins the same anti-materialist conclusions sought by these other arguments. (shrink)

The topic of a priori knowledge is approached through the theory of evidence. A shortcoming in traditional formulations of moderate rationalism and moderate empiricism is that they fail to explain why rational intuition and phenomenal experience count as basic sources of evidence. This explanatory gap is filled by modal reliabilism -- the theory that there is a qualified modal tie between basic sources of evidence and the truth. This tie to the truth is then explained by the theory of concept (...) possession: this tie is a consequence of what, by definition, it is to possess (i.e., to understand) one’s concepts. A corollary of the overall account is that the a priori disciplines (logic, mathematics, philosophy) can be largely autonomous from the empirical sciences. (shrink)

Radical empiricism is the view that a person's experiences (sensory and introspective), or a person's observations, constitute the person's evidence. This view leads to epistemic self-defeat. There are three arguments, concerning respectively: (1) epistemic starting points; (2) epistemic norms; (3) terms of epistemic appraisal. The source of self-defeat is traced to the fact that empiricism does not count a priori intuition as evidence (where a priori intuition is not a form of belief but rather a form of seeming, specifically intellectual (...) as opposed to sensory). Moderate rationalism, by contrast, avoids self-defeat. (shrink)

Taking Carnap’s classic exposition as a starting point, this paper develops a pragmatic account of the method of explication, defends it against a range of challenges and proposes a detailed recipe for the practice of explicating. It is then argued that confusions are involved in characterizing explications as definitions, and in advocating precising definitions as an alternative to explications. Explication is better characterized as conceptual re-engineering for theoretical purposes, in contrast to conceptual re-engineering for other purposes and improving exactness for (...) purely practical reasons. Finally, three limitations which call for further development of the method of explication are discussed. (shrink)

Recent work in philosophy of language has raised significant problems for the traditional theory of propositions, engendering serious skepticism about its general workability. These problems are, I believe, tied to fundamental misconceptions about how the theory should be developed. The goal of this paper is to show how to develop the traditional theory in a way which solves the problems and puts this skepticism to rest. The problems fall into two groups. The first has to do with reductionism, specifically attempts (...) to reduce propositions to extensional entities-either extensional functions or sets. The second group concerns problems of fine grained content-both traditional 'Cicero'/'Tully' puzzles and recent variations on them which confront scientific essentialism. After characterizing the problems, I outline a non-reductionist approach-the algebraic approach-which avoids the problems associated with reductionism. I then go on to show how the theory can incorporate non-Platonic (as well as Platonic) modes of presentation. When these are implemented nondescriptively, they yield the sort of fine-grained distinctions which have been eluding us. The paper closes by applying the theory to a cluster of remaining puzzles, including a pair of new puzzles facing scientific essentialism. (shrink)

A standard view in philosophy is that knowledge entails justification. Yet recent research suggests otherwise. We argue that this admirable and striking research suffers from an important limitation: participants were asked about knowledge but not justification. Thus it is possible that people attributed knowledge partly because they thought the belief was justified. Perhaps though, if given the opportunity, people would deny justification while still attributing knowledge. It is also possible that earlier findings were due to perspective taking. This paper reports (...) further research that directly addresses these questions. Our findings support the hypothesis that knowledge entails justification on the ordinary view. (shrink)

Climate change will cause large numbers of casualties, perhaps extending over thousands of years. Casualties have a clear moral significance that economic and other technical measures of harm tend to mask. They are, moreover, universally understood, whereas other measures of harm are not. Therefore, the harms of climate change should regularly be expressed in terms of casualties by such agencies such as IPCC’s Working Group III, in addition to whatever other measures are used. Casualty estimates should, furthermore, be used to (...) derive estimates of casualties per emission source up to a given date. Such estimates would have wide margins of error, but they would add substantially to humanity’s grasp of the moral costs of particular greenhouse gas emissions. (shrink)

The move from good to ought, a premise form found in many justifications of environmental ethics, is itself in need of justification. Of the potential moves from good to ought surveyed, some have considerable promise and others less or none. Those without much promise include extrapolations of obligations based on human goods to nonsentient natural entities, appeals to educated judgment, precautionary arguments, humanistic consequentialist arguments, and justifications that assert that our obligations to natural entities are neither directly to those entities (...) nor derived from our obligations to humans. Some arguments that extrapolate obligations based on goods involving sentience from humans to sentient animals are promising, but whether they are sufficient is controversial. Gandhian andAristotlian arguments are also promising, provided we can justify their ought premises. (shrink)

Suppose, as biocentrists do, that even microorganisms have a good of their own - that is, some objective form of welfare. Still, human welfare is vastly greater and more valuable. If it were infinitely greater, individualistic biocentrism would be pointless. But consideration of the facts of evolutionary history and of the conceptual relations between infinity and incommensurability reveals that there are no infinite welfare differences among living things. It follows, in particular, that there is some very large number of bacteria (...) whose aggregate overall welfare is not less than the welfare of a human being. (shrink)

People tend to rank values of all kinds linearly from good to bad, but there is little reason to think that this is reasonable or correct. This book argues, to the contrary, that values are often partially ordered and hence frequently incomparable. Proceeding logically from a small set of axioms, John Nolt examines the great variety of partially ordered value structures, exposing fallacies that arise from overlooking them. He reveals various ways in which incomparability is obscured: using linear indices to (...) summarize partially ordered data, relying on an inadequately defined concept of parity, or conflating incomparability with vagueness. Incomparability can enrich and clarify a range of topics including the paradoxes of Derek Parfit, rational decision theory, and the infinite values of theology. Finally, Nolt shows how to generalize many of the concepts introduced earlier, explores the intricate depths of certain noteworthy partially ordered value structures, and argues for the finitude of value. Incomparable Values will be of interest to scholars and advanced students working in ethics, value theory, rational decision theory, and logic. (shrink)

I am grateful to all the respondents to ‘How harmful are the average American's greenhouse gas emissions?’. Their comments were individually and collectively very rich. Since there is...

This is the first study of business ethics to take into consideration the plethora of issues raised by the Information Age. The first study of business ethics to take into consideration the plethora of issues raised by the Information Age. Explores a wide range of topics including marketing, privacy, and the protection of personal information; employees and communication privacy; intellectual property issues; the ethical issues of e-business; Internet-related business ethics problems; and the ethical dimension of information technology on society. Uncovers (...) previous ignored ethical issues. Underlines the need for public discussion of the issues. Argues that computers and information technology have not necessarily developed in the most ethical manner possible. (shrink)

The move from good to ought, a premise form found in many justifications of environmental ethics, is itself in need of justification. Of the potential moves from good to ought surveyed, some have considerable promise and others less or none. Those without much promise include extrapolations of obligations based on human goods to nonsentient natural entities, appeals to educated judgment, precautionary arguments, humanistic consequentialist arguments, and justifications that assert that our obligations to natural entities are neither directly to those entities (...) nor derived from our obligations to humans. Some arguments that extrapolate obligations based on goods involving sentience from humans to sentient animals are promising, but whether they are sufficient is controversial. Gandhian andAristotlian arguments are also promising, provided we can justify their ought premises. (shrink)

Broad in scope, this introduction to environmental ethics considers both contemporary issues and the extent of humanity’s responsibility for distant future life. John Nolt, a logician and environmental ethicist, interweaves contemporary science, logical analysis, and ethical theory into the story of the expansion of ethics beyond the human species and into the far future. Informed by contemporary environmental science, the book deduces concrete policy recommendations from carefully justified ethical principles and ends with speculations concerning the deepest problems of environmental ethics. (...) Pedagogical features include chapter outlines, annotated suggestions for further readings, the explanations of key terms when first mentioned, and an extensive glossary. (shrink)

This paper provides a new approach to a family of outstanding logical and semantical puzzles, the most famous being Frege's puzzle. The three main reductionist theories of propositions (the possible-worlds theory, the propositional-function theory, the propositional-complex theory) are shown to be vulnerable to Benacerraf-style problems, difficulties involving modality, and other problems. The nonreductionist algebraic theory avoids these problems and allows us to identify the elusive nondescriptive, non-metalinguistic, necessary propositions responsible for the indicated family of puzzles. The algebraic approach is also (...) used to defend antiexistentialism against existentialist prejudices. The paper closes with a suggestion about how this theory of content might enable us to give purely semantic (as opposed to pragmatic) solutions to the puzzles based on a novel formulation of the principle of compositionality. (shrink)

Environmental ethicists often hold that organisms, species, ecosystems, and the like have goods of their own. But, even given that such goods exist, whether we ought to value them is controversial. Hence an environmental philosophy needs, in addition to an account of what sorts of values there are, an explanation what, how and why we morally ought to value—that is, an account of moral valuing. This paper presents one such an account. Specifically, I aim to show that unless there are (...) eternal goods (and maybe even if there are), we have a duty of self-transcendence toward nature—that is, a duty to value nature's goods as ends. This duty is owed, however, not to nature, but to ourselves. It is grounded in what I call an imperative of hope. The argument, in a nutshell, is that we have a duty to ourselves to (in a certain sense) optimize hope. This optimization requires self-transcendence toward entities whose goods are more diverse and enduring than any human goods. But unless there are eternal goods, such goods occur only in nature. (shrink)

This important new work surveys the source and ramifications of the famed Nuremburg Code -- recognized around the world as one of the cornerstones of modern bioethics.

"This book is a sorely needed corrective. Animal Spirits is an important--maybe even a decisive--contribution at a difficult juncture in macroeconomic theory.

The paper begins with an argument against eliminativism with respect to the propositional attitudes. There follows an argument that concepts are sui generis ante rem entities. A nonreductionist view of concepts and propositions is then sketched. This provides the background for a theory of concept possession, which forms the bulk of the paper. The central idea is that concept possession is to be analyzed in terms of a certain kind of pattern of reliability in one’s intuitions regarding the behavior of (...) the concept. The challenge is to find an analysis that is at once noncircular and fully general. Environmentalism, anti-individualism, holism, analyticity, etc. provide additional hurdles. The paper closes with a discussion of the theory’s implications for the Wittgenstein-Kripke puzzle about rule-following and the Benacerraf problem concerning mathematical knowledge. (shrink)