ABSTRACTThis article examines accounts of the moral basis of compensatory duties that explain such duties as the continuation, in some way, of the pre-wrong normative situation. I identify, contrast, and assess three versions of this view—duty continuity, right continuity, and reasons continuity. I argue that each version is defensible, once properly articulated. The article responds to a range of objections to these views that have not received much critical attention by their proponents.

This article is in two parts. The first part critically examines the foundations of Weinrib’s theory of corrective justice. It casts doubt upon his claim that private law faces incoherence if it is not entirely based upon corrective justice and questions the normative appeal of that view. The second part makes a variety of critical observations in relation to Weinrib’s corrective-justice-based treatment of particular areas of private law.

This paper provides a taxonomy of the different kinds of theory that may be offered of an area of law. We distinguish two basic types of philosophical accounts in special jurisprudence: nonnormative accounts and normative accounts. Section II explains the two central subspecies of nonnormative accounts of areas of law: (i) conceptual and ontological theories and (ii) reason-tracking causal theories. Section III explores normative theories of areas of law. Normative accounts subdivide into detached and committed normative accounts. Detached or committed (...) normative accounts can be subdivided further into the following cross-cutting categories: (i) pro tanto or all-things-considered, (ii) hyper-reformist or practice-dependent, (iii) taxonomical or substantive. Section IV shows that our taxonomy does not presume a prior commitment to any particular school in general jurisprudence. This paper clarifies methodological confusion that exists in theorizing about areas of law, and contributes to the subfield of thinking generally about special jurisprudence. (shrink)

In this paper I formulate the thesis of the Division of Epistemic Labor as a thesis of epistemic dependence, illustrate several ways in which individual subjects are epistemically dependent on one or more of the members of their community in the process of knowledge acquisition, and draw conclusions about the cognitively distributed nature of some knowledge acquisition.

I consider two attempts to combine realism with pluralism about the units of selection: Sober and Wilson’s combination of “model” and “unit” pluralism, and Sterelny and Griffiths’ “local pluralism”. I argue that both of these attempts fail to show that realism and pluralism are compatible. Sober and Wilson’s pluralism turns out, on closer inspection, to be a kind of monism in disguise, while Sterelny and Griffiths’ local pluralism involves a combination of realism and anti-realism about interactors, and the units of (...) selection, that is fundamentally unstable. My conclusion is that one must choose whether to be a realist or a pluralist in this area: one cannot be both. The question of which we should choose is a further question that I do not take a stand on. (shrink)

The Bayesian maxim for rational learning could be described as conservative change from one probabilistic belief or credence function to another in response to newinformation. Roughly: ‘Hold fixed any credences that are not directly affected by the learning experience.’ This is precisely articulated for the case when we learn that some proposition that we had previously entertained is indeed true (the rule of conditionalisation). But can this conservative-change maxim be extended to revising one’s credences in response to entertaining propositions or (...) concepts of which one was previously unaware? The economists Karni and Vierø (2013, 2015) make a proposal in this spirit. Philosophers have adopted effectively the same rule: revision in response to growing awareness should not affect the relative probabilities of propositions in one’s ‘old’ epistemic state. The rule is compelling, but only under the assumptions that its advocates introduce. It is not a general requirement of rationality, or so we argue. We provide informal counterexamples. And we show that, when awareness grows, the boundary between one’s ‘old’ and ‘new’ epistemic commitments is blurred. Accordingly, there is no general notion of conservative change in this setting. (shrink)

Sandys, Sir John Edwin. Aristotle's Constitution of Athens. A Revised Text with an Introduction Critical and Explanatory Notes Testimonia and Indices. Second edition, Revised and Enlarged. London: Macmillan & Co., Limited, 1902. xcii, 331 pp. Frontis. Illus. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-23952. ISBN 1-58477-004-X. Cloth. $75. * By the author of the standard comprehensive history of classical scholarship, A History of Classical Scholarship. This scholarly examination of the textual evidence of the papyrus of what is known (...) to be Aristotle's Constitution of Athens, which dated from 328 and 325 B.C., is enhanced by notes that pertain to the legal aspects of the work. A thorough introduction surveys Greek political literature prior to Aristotle's time and that ascribed to him, and concludes with a history of the Constitution itself. While other scholars may have already deciphered the papyrus, this work is distinguished by the provision of the text with critical notes on each page, followed by the Testimonia, which contain further evidence on the text, in the form of quotations in Greek, often providing passages in full for immediate reference. With a bibliography and English as well as Greek index. (shrink)

The expression of fragility has always been a difficult and complex matter for African Americans, for the discourse of mainstream media is set up to sustain their fragility while at the same time misrecognizing it. Even though the black public sphere split off from the dominant public sphere after the Civil War to enable distinctive forms of expression, the “practiced habits” of which Coates speaks continued in the structures of the dominant discourse. My essay will analyze the structure of America’s (...) indifference to fragility in three parts. In the first section, I will introduce a normative problematic that can track how the hegemonic public sphere uses the rhetoric of formal equality to subordinate and silence African Americans speech while it also opens a space for black speech to be heard rather than dismissed. I then will trace the silencing structures back to the Brown v. Board of Education Supreme Court decision of 1954, for this “progressive” decision provided a template for what can be said and cannot be said. The next second section examines how Ralph Ellison thematizes and revises the encounter between the black and dominant public spheres. In the last section of the essay, I analyze the ways that Ta-Nehisi Coates exposes the contemporary forms of these discursive structures. (shrink)

On most accounts present in the literature, the complex experience of shame has the injury to self-esteem as its main component. A major objection to this idea is that it fails to differentiate between shame and disappointment in oneself. I argue that previous attempts to respond to the objection are unsatisfactory. I argue further that the distinction should refer to the different ways the subject’s self-esteem is formed. A necessary requirement for shame is that the standards and values by which (...) the subject judges himself are borrowed from a canon of values the subject accepts as a given. The proper focus of shame is the fact of conformity to that canon. Those agents who have a different conception of self-esteem and who freely set and alter their own values are prone to self-disappointment, but not to shame. (shrink)

The concept of cultural safety offers a unique approach to nursing practice, based on recognition of the power differentials inherent in any interaction. It is from within the context of nursing in Aoteaoroa/New Zealand (A/NZ) that the concept developed and was subsequently integrated into nursing education. Cultural safety is based within a framework of biculturalism, and is congruent with the tenets of the nation's founding document, the Treaty of Waitangi. Clarification of the concept is offered, together with a review of (...) the historical shift in nursing attitudes that has led to the emergence of ‘cultural safety’ as a viable and valued component of nursing practice.The argument is made that cultural safety has allowed for a more reflective, critical understanding of the actions of nursing to develop. This includes recognition that nurses’ attitudes and values have inevitably been influenced by social and political forces, and as such are in part reflective of those within the wider community. Comparison between the support given by nurses in the early 1900s to the theory of eugenics and the current acceptance of cultural safety is used to highlight this point. An examination of the literature identifies that ideological and conceptual changes have occurred in the approach of A/NZ nurses to issues with cultural implications for practice. A review of background factors relating to Maori health status and the Treaty of Waitangi is presented as a necessary context to the overall discussion.The discussion concludes with an acknowledgement that while the rhetoric of cultural safety is now part of nursing culture in New Zealand, there is no firm evidence to evaluate its impact in practice. Issues identified as impacting on the ability to assess/research a concept, such as cultural safety, are discussed. For cultural safety to become recognised as a credible (and indispensable) tool, it is necessary to further examine the ‘end-point’ or ‘outcomes’ of the process. (shrink)

Since van Fraassen first put forward the suggestive idea that many philosophical positions should be construed as ‘stances’ rather than factual beliefs, there have been various attempts to spell out precisely what a philosophical stance might be, and on what basis one should be adopted. In this paper I defend a particular account of stances, the view that they are pragmatically justified perspectives or ways of seeing the world, and compare it to some other accounts that have been offered. In (...) Sect. 2 I consider van Fraassen’s argument for construing empiricism as a stance, and look at some responses to it. In Sect. 3 I outline my conception of stances as perspectives or ways of seeing, and explain how stances so understood may be justified. I illustrate this conception by way of a discussion of the model pluralist position with respect to the units of selection debate in biology, and suggest that on the model pluralist view different perspectives on the units of selection, such as the gene’s eye view, are in fact van Fraassian stances. In Sect. 4 I discuss the view put forward by Teller and Chakravartty among others that stances should be understood as epistemic policies, and argue that it is consistent with the conception of stances as perspectives. In the final section I criticise Rowbottom’s attempt to assimilate stances to Kuhnian paradigms. I argue that he has overlooked some important disanalogies between stances and paradigms, so that the comparison obscures more than it reveals. (shrink)

This volume brings together a collection of essays on the history and philosophy of probability and statistics by one of the eminent scholars in these subjects. Written over the last fifteen years, they fall into three broad categories. The first deals with the use of symmetry arguments in inductive probability, in particular, their use in deriving rules of succession. The second group deals with four outstanding individuals who made lasting contributions to probability and statistics in very different ways: Frank Ramsey, (...) R. A. Fisher, Alan Turing, and Abraham de Moivre. The last group of essays deals with the problem of 'predicting the unpredictable' - making predictions when the range of possible outcomes is unknown in advance. The essays weave together the history and philosophy of these subjects and document the fascination that they have exercised for more than three centuries. (shrink)

_The Philosophy of Action: An Anthology_ is an authoritative collection of key work by top scholars, arranged thematically and accompanied by expert introductions written by the editors. This unique collection brings together a selection of the most influential essays from the 1960s to the present day. An invaluable collection that brings together a selection of the most important classic and contemporary articles in philosophy of action, from the 1960’s to the present day No other broad-ranging and detailed coverage of this (...) kind currently exists in the field Each themed section opens with a synoptic introduction and includes a comprehensive further reading list to guide students Includes sections on action and agency, willing and trying, intention and intentional action, acting for a reason, the explanation of action, and free agency and responsibility Written and organised in a style that allows it to be used as a primary teaching resource in its own right. (shrink)

We propose an "explanation scheme" for why the Gibbs phase average technique in classical equilibrium statistical mechanics works. Our account emphasizes the importance of the Khinchin-Lanford dispersion theorems. We suggest that ergodicity does play a role, but not the one usually assigned to it.

This book argues that ideas about risk have not traditionally been absent from law, as is sometimes supposed.

I explore Mandeville’s account of moral judgement and its implications for the understanding of hypocrisy. According to Mandeville, we have a psychological need to like ourselves sufficiently, so as to carry on with our lives. Because our self-liking necessarily depends on the opinions others form of us, we are extraordinarily sensitive to praise and condemnation. The practice of moral judgement exploits this sensitivity. Hypocrisy is an intrinsic element of this practice.

The aim of this paper is to defend a novel characterization of epistemic luck. Helping myself to the notions of epistemic entitlement and adequate explanation, I propose that a true belief suffers from epistemic luck iff an adequate explanation of the fact that the belief acquired is true must appeal to propositions to which the subject herself is not epistemically entitled. The burden of the argument is to show that there is a plausible construal of the notions of epistemic entitlement (...) and adequate explanation on which the resulting characterization of epistemic luck, though admittedly programmatic, has several important virtues. It avoids difficulties which plague modal accounts of epistemic luck; it can explain the conflicting temptations one can feel in certain alleged cases of epistemic luck; it offers a novel account of the value of knowledge, without committing itself to any particular analysis of knowledge; and it illuminates the significance for epistemology of the phenomenon of epistemic luck itself. (shrink)

In a recent essay, John Norton proposes a material theory of induction, according to which all justification for inductive inference ultimately stems from the particular facts of the case at hand. Despite being sympathetic to the pluralistic spirit of this proposal, I argue that central controversies among leading theories of inductive inference turn not on material facts but upon normative judgments regarding the proper standards and aims of induction. Thus, a pluralistic approach to induction can be successfully developed only given (...) an explanation of how the choice of such aims and standards depends on features of particular cases. (shrink)

What can nurse scientists learn from Rorty in the development of a philosophical foundation? Indeed, Rorty in his 1989 text entitled Contingency, Irony, and Solidarity tantalizes the reader with debates of reason 'against' philosophizing. Forget truth seeking; move on to what matters. Rorty would rather the 'high brow' thinking go to those that do the work in order to make the effort useful. Nursing as an applied science, has something real that is worth looking at, and that nurse researchers need (...) to think about. And as a profession built upon relationships, we should be thinking of the exchanges we have with those around us, of the contrasts in vocabularies used and of the contingencies involved, letting this launch us into our imaginings and areas of enquiry. The business of nurse researchers is to study what nurses do – how we care; Rorty would have us care. But, not to dismiss the reflective thinker as Rorty advocates for the self-doubting ironist to continue to seek the final vocabulary, the ideal of what 'this' means, accepting this as the best to be offered at the time. As a science struggling to find foundation, we need only to look at what we do and value – as antifoundational as Rorty portrays himself, Rorty 'ironically' may have revealed a foundation for nursing science that is consistent with its path. (shrink)

This paper has the aim of making Johannes von Kries’s masterpiece, Die Principien der Wahrscheinlichkeitsrechnung of 1886, a little more accessible to the modern reader in three modest ways: first, it discusses the historical background to the book ; next, it summarizes the basic elements of von Kries’s approach ; and finally, it examines the so-called “principle of cogent reason” with which von Kries’s name is often identified in the English literature.

This paper introduces an innovative curricular approach—the Health Humanities Portrait Approach —and its pedagogical tool—the Health Humanities Portrait. Both enable health professions learners to examine pressing social issues that shape, and are shaped by, experiences of health and illness. The Portrait Approach is grounded in a set of “critical portraiture” principles that foster humanities-driven analytical skills. The HHP’s architecture is distinctively framed around a pressing social theme and utilizes a first-person narrative and scholarship to explore how the dimensions of the (...) personal and the structural are mutually constituted. We argue that when creator-educators adopt the Portrait Approach and its critical portraiture principles to design and teach the HHP, they enable learners to become proficient in synthesizing and analyzing—with both depth and breadth—the human and social dimensions of patients’ lives. This inventive curricular intervention provides a needed contribution to health professions education in that it utilizes health humanities methodologies to elucidate the multiple aspects of health, illness, disability, and healthcare. (shrink)

L’espace parents dans la séparation ( eps ) de Mons (Belgique) est un dispositif d’accueil des parents en situation de séparation hautement conflictuelle. Le travail s’élabore autour de la réflexion commune avec les parents sur la qualité de la relation coparentale dans l’intérêt des enfants. Cet article vise à expliciter les processus et les outils utilisés dans le cadre de l’ eps. Après avoir développé les ancrages épistémologiques et le dispositif en lui-même, les auteurs proposent de montrer, au travers d’une (...) illustration clinique, les processus en place dans la construction de « l’équipe parentale ». (shrink)

Critics of functional explanations in social science maintain that such explanations are illegitimate unless a mechanism is specified. Others argue that mechanisms are not necessary for causal inference and that functional explanations are a type of causal claim that raise no special difficulties for testing. I show that there is indeed a special problem that confronts testing functional explanations resulting from their connection to second-order causal claims. I explain how mechanisms can resolve this difficulty, but argue that this does not (...) provide support for methodological individualism since it is not necessary that the mechanisms be described in terms of individual interactions. (shrink)

In the context of the mandated phaseout of methyl bromide, California’s strawberry industry has increased its use of chloropicrin, another soil fumigant that has long been on the market. However, due to its 2010 designation as a toxic air contaminant, the US Environmental Protection Agency and California’s Department of Pesticide Regulation have developed enhanced application protocols to mitigate exposures of the chemical to bystanders, nearby residents, and farmworkers. The central feature of these mitigation technologies are enhanced buffer zones between treated (...) fields and nearby buildings. Not only do buffer zones inherently privilege neighbors over farmworkers, but the determinations of the size of these buffer zones are also based on acceptable threshold levels and probabilities that allow significant exposures to those they are designed to protect. Moreover, these protocols require human monitors to detect sensory irritation. While the science and technology studies literature is highly useful for understanding the inextricability of science and politics in developing protective measures and is attentive to what counts as data in setting acceptable thresholds, it tends to overlook that social sorting is intrinsic to such regulation. We thus turn to Foucault’s biopolitics to make sense of regulations that are designed to protect but inherently allow some to become ill. Doing so illuminates how determinations of the bright line are at once technical–political as well as implicit decisions about whose bodies count. (shrink)

I consider the broad perspectives in biology known as ‘functionalism’ and ‘structuralism’, as well as a modern version of functionalism, ‘adaptationism’. I do not take a position on which of these perspectives is preferable; my concern is with the prior question, how should they be understood? Adapting van Fraassen’s argument for treating materialism as a stance, rather than a factual belief with propositional content, in the first part of the paper I offer an argument for construing functionalism and structuralism as (...) stances also. The argument draws especially on Gould’s insights concerning functionalism and structuralism, in particular their apparent historical continuity from the pre-Darwinian period through to today. In the second part of the paper I consider Godfrey-Smith’s distinction between empirical and explanatory adaptationism, and suggest that while the former is an empirical scientific hypothesis, the latter is closely related to the functionalist stance. (shrink)

Philosophy of Early Childhood Education: Transforming Narratives provides an insightful reflection on some contemporary issues and theories underpinning early childhood education. The essays in this volume penned by an international group of educators are both critical and transformative, offering new insights on the practices and policies within early childhood education. Provides a critical reflection on some current issues within early childhood education Offers perspectives outside traditional narratives of early childhood Encourages the emergence of new paradigms for early childhood education Promotes (...) the value of difference, perspective, and “otherness” Features an international field of contributors from diverse geographical boundaries. (shrink)

How old is God? Who created Him? Why does bad stuff happen? Questions like these and more are answered through interactive fill in the blanks, activities, and illustrations. For kids ages 6-10.

This article derives from a doctoral thesis in which a particular discourse was used as a ‘paradigm case’. From this discourse an ethic set within a South African culture arose. Using many cultural ‘voices’ to aid the understanding of this narrative, the ethic shows that one can build on both a ‘justice’ and a ‘care’ ethic. With further development based on African culture one can take the ethic of care deeper and reveal ‘layers of understanding’. Care, together with compassion, forms (...) the foundation of morality. Nursing ethics has followed particular western moral philosophers. Often nursing ethics has been taught along the lines of Kohlberg’s theory of morality, with its emphasis on rules, rights, duties and general obligations. These principles were universalistic, masculine and noncontextual. However, there is a new ethical movement among Thomist philosophers along the lines to be expounded in this article. Nurses such as Benner, Bevis, Dunlop, Fry and Gadow - to name but a few - have welcomed the concept of an ‘ethic of care’. Gilligan’s work gave a feminist view and situated ethics in the everyday aspects of responsiveness, responsibility, context and concern. Shutte’s search for a ‘philosophy for Africa’ has resulted in finding similarities in Setiloane and in Senghor with those of Thomist philosophers. Using this African philosophy and a research participant’s narrative, an African ethic evolves out of the African proverb: ‘A person is a person through other persons’, or its alternative rendering: ‘I am because we are: we are because I am.’ This hermeneutic narrative reveals ‘the way affect imbues activity with ethical meaning’ within the context of a black nursing sister in a rural South African hospital. It expands upon the above proverb and incorporates the South African constitutional idea of ‘Ubuntu’ (compassion and justice or humanness). (shrink)

In recent years there has been a noticeable yet largely unacknowledged ‘pragmatic turn’ in the scientific realism debate, inspired in part by van Fraassen’s work on ‘epistemic stances’. Features of this new approach include: an ascent to the meta-level (the focus is not so much on whether scientific realism is true, but on the prior questions of the nature of the positions in this debate, how to decide whether to be a scientific realist, etc.); a reinterpretation of scientific realism and (...) anti-realism as (or as closely associated with) stances or frameworks, rather than theories or beliefs; a move away from the previously dominant empirical-explanatory (i.e. quasi-scientific or naturalistic) conception of scientific realism, anti-realism, and their justification; and a stress on the pragmatic and values-based elements in the debate. The traditional scientific realism debate is concerned with determining which position is true, or most epistemically justified. The new approach by contrast is concerned with determining which position best serves certain values, e.g. is most useful, fruitful, or otherwise prudentially preferable. In this paper we try to bring together the various strands in this new orientation, summarise its key features, contrast it with superficially similar but opposing views, and explore the similarities and differences among some of its adherents. Given we are advocates of the turn, we also offer a defence of the value and fruitfulness of this reconceptualization of the debate. (shrink)