This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency (...) compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law. (shrink)

A common working assumption of theories of statutory interpretation is that the object of interpretation is uncontroversial. It is assumed that dispute only centers on the epistemics of interpretation. The assumption is unsound. Theories of statutory interpretation are importantly different from other sorts of theories. The subject matter of other sorts of theories can be identified uncontroversially. In the case of statutory interpretation, the object of interpretation is controversial. What counts as the object of interpretation therefore needs specification. Without the (...) required specification, criteria of evidence and warrant justifying an interpretation are not well-defined.An adequate theory of statutory interpreation must contain both epistemic and ontological components. It must provide criteria for treating information as evidence relevant to, and standards for, interpreting a statute. Providing such criteria in turn requires also giving an account of the object of interpretation — what a statute consists in. Practical reason theories fail to provide acceptable criteria and standards for interpreting a statute. These accounts therefore fail to supply an adequate epistemic components for a theory of statutory interpretation. As to the ontological component, things are less clear. I have argued in sections II and III that this component is partly a matter of substantive political theory. Although practical reason theorists fail to offer a substantive political theory for defining the proper object of interpretation, their accounts are in principle ontologically unobjectionable. At most, practical reason accounts are incomplete. Of course, practical reason accounts might still be defective for other reasons. They may invoke a defective substantive political theory. Or the constraints imposed on properties of a statute or relations between them may not in fact affectuate the goals set by the theory. Such failings would be normative, not metaphysical. Since practical reason accounts are epistemically inadequate and ontologically incomplete, legal theorists should find the accounts less attractive than they do, even putting aside the normative soundness of the accounts. (shrink)

Few American thinkers of the nineteenth and early twentieth centuries were acquainted with Eastern traditions of thought. Early Transcendentalists, including Ralph Waldo Emerson and Henry David Thoreau, were happy exceptions to this, with each showing passing familiarity of and an approving attitude toward the Bhagavad-Gita and other early Vedic texts. Other thinkers of the period, including Walt Whitman and Bronson Alcott, were influenced to varying degrees by Indian thought. Despite this limited fascination with the intellectual traditions of the East, (...) rare was the thinker who made an effort to encounter these texts on their own terms by learning the languages in which they were written. One notable exception .. (shrink)

Value Sensitive Design (VSD) is an established method for integrating values into technical design. It has been applied to different technologies and, more recently, to artificial intelligence (AI). We argue that AI poses a number of challenges specific to VSD that require a somewhat modified VSD approach. Machine learning (ML), in particular, poses two challenges. First, humans may not understand how an AI system learns certain things. This requires paying attention to values such as transparency, explicability, and accountability. Second, ML (...) may lead to AI systems adapting in ways that ‘disembody’ the values embedded in them. To address this, we propose a threefold modified VSD approach: 1) integrating a known set of VSD principles (AI4SG) as design norms from which more specific design requirements can be derived; 2) distinguishing between values that are promoted and respected by the design to ensure outcomes that not only do no harm but also contribute to good; and 3) extending the VSD process to encompass the whole life cycle of an AI technology in order to monitor unintended value consequences and redesign as needed. We illustrate our VSD for AI approach with an example use case of a SARS-CoV-2 contact tracing app. (shrink)

Adequate epistemic justification is best conceived as the appearance, over time, of knowledge to the subject. ‘Appearance’ is intended literally, not as a synonym for belief. It is argued through consideration of examples that this account gets the extension of ‘adequately justified belief’ at least roughly correct. A more theoretical reason is then offered to regard justification as the appearance of knowledge: If we have a knowledge norm for assertion, we do our best to comply with this norm when we (...) express as assertions only beliefs that appear to us to be knowledge. If we are doing our best, there is little point in further sanctions. So a norm of knowledge for assertion would lead to a secondary norm of justified belief as the appearance of knowledge, marking a point at which our assertions may be corrected but should not be blamed. (shrink)

The last decade has witnessed the mass distribution and adoption of smart home systems and devices powered by artificial intelligence systems ranging from household appliances like fridges and toasters to more background systems such as air and water quality controllers. The pervasiveness of these sociotechnical systems makes analyzing their ethical implications necessary during the design phases of these devices to ensure not only sociotechnical resilience, but to design them for human values in mind and thus preserve meaningful human control over (...) them. This paper engages in a conceptual investigations of how meaningful human control over smart home devices can be attained through design. The value sensitive design (VSD) approach is proposed as a way of attaining this level of control. In the proposed framework, values are identified and defined, stakeholder groups are investigated and brought into the design process and the technical constraints of the technologies in question are considered. The paper concludes with some initial examples that illustrate a more adoptable way forward for both ethicists and engineers of smart home devices. (shrink)

Spinoza's Ethics is one of the most remarkable, important, and difficult books in the history of philosophy: a treatise simultaneously on metaphysics, knowledge, philosophical psychology, moral philosophy, and political philosophy. It presents, in Spinoza's famous 'geometric method', his radical views on God, Nature, the human being, and happiness. In this wide-ranging 2006 introduction to the work, Steven Nadler explains the doctrines and arguments of the Ethics, and shows why Spinoza's endlessly fascinating ideas may have been so troubling to his (...) contemporaries, as well as why they are still highly relevant today. He also examines the philosophical background to Spinoza's thought and the dialogues in which Spinoza was engaged - with his contemporaries, with ancient thinkers, and with his Jewish rationalist forebears. His book is written for the student reader but will also be of interest to specialists in early modern philosophy. (shrink)

The distinction between presentism and eternalism is usually sought in some formula like ‘Only presently existing things exist’ or ‘Past, present, and future events are equally real’. I argue that ambiguities in the copula prevent these slogans from distinguishing significant opposed positions. I suggest in addition that one can find a series of significant distinctions if one takes spacetime structure into account. These presentisms and eternalisms are not contradictory. They are complementary elements of a complete naturalistic philosophy of time.

Nothing in our world seems more obvious, real, and commonsensical than the idea of self. This book is a fascinating examination of our assumptions about the deceptively simple concept of "self", of the many ways those assumptions are now being challenged, and of the possible new ways of being that may arise in their place.

"One can rarely read or hear commentary on art, popular culture, society, literature, or politics these days without being confronted by the mysterious term 'postmodern.' Unlike any other artistic, critical, or philosophical movement in history, postmodernism has come charging out of the ivory tower and into the minds and mouths of the public. The postmodern lens is now the one through which we all are expected to be able to view the world, but how many of us know what this (...) really means? The tenets of postmodernism are much more than a trendy system of thought or an academic dialogue. Rather, they offer practical tools for coming to terms with a world composed of vast amounts of unsettling information, daily interactions with unfamiliar cultures and beliefs, and a continuous and overwhelming set of choices. [This book] is a stimulating and accessible exploration of the complexities of postmodern thought--constructivism, deconstruction, irony, pluralism, multiculturalism--as diverse as the world it describes. Readers will discover the roots of postmodernism, what it does to cultural symbols and differences, and how it affects psychology, religion, and science in essays both profoundly serious and thoroughly entertaining. [The editor] acts as a guide to this difficult terrain by leading readers through each essay, describing new and provocative ideas in detail, dispelling confusion, and, most important, showing what this thinking has to offer everyone. [This book] is an indispensable handbook for the new cultural literacy of our emerging postmodern world"--. (shrink)

A collection of essays that provides an introduction to the emerging postmodern world. The reader is guided through the subject and shown how it affects psychology, philosophy, religion and science.

Healthcare is becoming increasingly automated with the development and deployment of care robots. There are many benefits to care robots but they also pose many challenging ethical issues. This paper takes care robots for the elderly as the subject of analysis, building on previous literature in the domain of the ethics and design of care robots. Using the value sensitive design approach to technology design, this paper extends its application to care robots by integrating the values of care, values that (...) are specific to AI, and higher-scale values such as the United Nations Sustainable Development Goals. The ethical issues specific to care robots for the elderly are discussed at length alongside examples of specific design requirements that work to ameliorate these ethical concerns. (shrink)

The potential for vaccines to prevent the spread of infectious diseases is crucial for vaccination policy and ethics. In this paper, I discuss recent evidence that the current COVID-19 vaccines have only a modest and short-lived effect on reducing SARS-CoV-2 transmission and argue that this has at least four important ethical implications. First, getting vaccinated against COVID-19 should be seen primarily as a self-protective choice for individuals. Second, moral condemnation of unvaccinated people for causing direct harm to others is unjustified. (...) Third, the case for a harm-based moral obligation to get vaccinated against COVID-19 is weak. Finally, and perhaps most significantly, coercive COVID-19 vaccination policies (e.g., measures that exclude unvaccinated people from society) cannot be directly justified by the harm principle. (shrink)

Drawing upon research in philosophical logic, linguistics and cognitive science, this study explores how our ability to use and understand language depends upon our capacity to keep track of complex features of the contexts in which we converse.

Design for Values (DfV) philosophies are a series of design approaches that aim to incorporate human values into the early phases of technological design to direct innovation into beneficial outcomes. The difficulty and necessity of directing advantageous futures for transformative technologies through the application and adoption of value-based design approaches are apparent. However, questions of whose values to design are of critical importance. DfV philosophies typically aim to enrol the stakeholders who may be affected by the emergence of such a (...) technology. However, regardless of which design approach is adopted, all enrolled stakeholders are human ones who propose human values. Contemporary scholarship on metahumanisms, particularly those on posthumanism, have decentred the human from its traditionally privileged position among other forms of life. Arguments that the humanist position is not (and has never been) tenable are persuasive. As such, scholarship has begun to provide a more encompassing ontology for the investigation of nonhuman values. Given the potentially transformative nature of future technologies as relates to the earth and its many assemblages, it is clear that the value investigations of these design approaches fail to account for all relevant stakeholders (i.e., nonhuman animals). This paper has two primary objectives: (1) to argue for the cogency of a posthuman ethics in the design of technologies; and (2) to describe how existing DfV approaches can begin to envision principled and methodological ways of incorporating non-human values into design. To do this, the paper provides a rudimentary outline of what constitutes DfV approaches. It then takes up a unique design approach called Value Sensitive Design (VSD) as an illustrative example. Out of all the other DfV frameworks, VSD most clearly illustrates a principled approach to the integration of values in design. (shrink)

Steven Crowell has been for many years a leading voice in debates on twentieth-century European philosophy. This volume presents thirteen recent essays that together provide a systematic account of the relation between meaningful experience and responsiveness to norms. They argue for a new understanding of the philosophical importance of phenomenology, taking the work of Husserl and Heidegger as exemplary, and introducing a conception of phenomenology broad enough to encompass the practices of both philosophers. Crowell discusses Husserl's analyses of first-person (...) authority, the semantics of conscious experience, the structure of perceptual content, and the embodied subject, and shows how Heidegger's interpretation of the self addresses problems in Husserl's approach to the normative structure of meaning. His volume will be valuable for upper-level students and scholars interested in phenomenological approaches to philosophical questions in both the European and the analytic traditions. (shrink)

Introduction: a day at the shelter -- How can I volunteer at an animal shelter? -- How can I volunteer at a wildlife center? -- How can I volunteer as a citizen scientist? -- How can I Volunteer at a zoo?

Emerging technologies such as cloud computing, augmented and virtual reality, artificial intelligence and robotics, among others, are transforming the field of manufacturing and industry as a whole in unprecedent ways. This fourth industrial revolution is consequentially changing how operators that have been crucial to industry success go about their practices in industrial environments. This short paper briefly introduces the notion of the Operator 4.0 as well as how this novel way of conceptualizing the human operator necessarily implicates human values in (...) the technologies that constitute it. Similarly, the design methodology known as value sensitive design (VSD) is drawn upon to discuss how these Operator 4.0 technologies can be design for human values and, conversely, how a potential value-sensitive Operator 4.0 can be used to strengthen the VSD methodology in developing novel technologies. (shrink)

Autonomous weapons systems (AWS), sometimes referred to as “killer robots”, are receiving evermore attention, both in public discourse as well as by scholars and policymakers. Much of this interest is connected with emerging ethical and legal problems linked to increasing autonomy in weapons systems, but there is a general underappreciation for the ways in which existing law might impact on these new technologies. In this paper, we argue that as AWS become more sophisticated and increasingly more capable than flesh-and-blood soldiers, (...) it will increasingly be the case that such soldiers are “in the power” of those AWS which fight against them. This implies that such soldiers ought to be considered hors de combat, and not targeted. In arguing for this point, we draw out a broader conclusion regarding hors de combat status, namely that it must be viewed contextually, with close reference to the capabilities of combatants on both sides of any discreet engagement. Given this point, and the fact that AWS may come in many shapes and sizes, and can be made for many different missions, we argue that each particular AWS will likely need its own standard for when enemy soldiers are deemed hors de combat. We conclude by examining how these nuanced views of hors de combat status might impact on meaningful human control of AWS. (shrink)

Ce livre presente une investigation critique de la science generale de l'etre, instituee par Aristote au titre de la science de l'etant en tant qu'etant. L'auteur met en lumiere ce qu'est l'etre pour Aristote, ce que signifie precisement le type d'unite de ses significations multiples, et quelles sont les structures, principes et concepts epistemologiques par lesquels le reel peut etre explique dans son ensemble. L'originalite aristotelicienne qui se revele dans son apprehension horizontale du reel, est a la fois responsable de (...) son naufrage historique dans l'ocean dominant des pensees hierarchisantes, et de son renouveau axtremement stimulant pour la pensee actuelle. (shrink)

Clarity, focus, and startling detail are the stuff of lasting images--in poetry or photography.

Baruch Spinoza (1632–1677) was one of the most important philosophers of all time; he was also arguably the most radical and controversial. This was the first complete biography of Spinoza in any language and is based on detailed archival research. More than simply recounting the story of Spinoza's life, the book takes the reader right into the heart of Jewish Amsterdam in the seventeenth century and, with Spinoza's exile from Judaism, right into the midst of the tumultuous political, social, intellectual (...) and religious world of the young Dutch Republic. Though the book will be an invaluable resource for philosophers, historians, and scholars of Jewish thought, it has been written for any member of the general reading public with a serious interest in philosophy, Jewish history, seventeenth-century European history, and the culture of the Dutch Golden Age. Spinoza: A Life has recently been awarded the Koret Jewish Book Award. (shrink)

What are the inherent claims that lie at the core of religion? Which of them are defensible by reason, and which are not? Potential answers to these questions and more, from influential philosophers past and present, may be found in this short book edited by Steven M. Cahn. Featuring fifty-two classic and contemporary readings, Exploring Philosophy of Religion: Text and Readings is a topically-organized anthology that presents broad coverage of seven major areas in the philosophy of religion - the (...) concept of God, the existence of God, religious language, miracles and mysticism, belief in God, resurrection and immortality, and religious pluralism - in a clear and accessible format. With guiding introductory material from Professor Cahn, each of the readings has been carefully selected and edited for maximum clarity and comprehensiveness; only the most essential material is included. To further foster understanding, the text also features an appendix consisting of Professor Cahn's monograph, God, Reason, and Religion, which provides a synthesis and interpretation of the crucial issues raised throughout the readings. (shrink)

A study both of the aims of education and the appropriate means of achieving those aims. It is suitable for courses in philosophy of education, foundations of education and the history of ideas.

This is the first detailed study to explore the little-understood notions of "knowing who someone is," "knowing a person's identity," and related locutions. It locates these notions within the context of a general theory of believing and a semantical theory of belief- and knowledge-ascriptions.The books's main contention is that what one knows, when one knows who someone is, is not normally an identity in the numerical sense of "a = b," but rather a certain sort of predication to know who (...) someone is is just to know that that person is F, where "F" is a predicate that is "important," in a technical sense defined by the authors, for the purposes determined by context. Their book offers a rigorous formal semantics for ascriptions of knowing and of knowing-who in particular, solving such well-known problems and paradoxes as Kripke's Puzzle, and Quines difficulties with de re belief, along the way.The authors apply their analysis to each of several important issues in philosophy of language, philosophy of mind, and ethical theory in which the previously unexamined notion of "knowing who" has loomed large-the mechanics of linguistic referring, the foundations of epistemic logic, problems of self-knowledge and self-regarding belief, universalizability and "Golden Rule" arguments in ethics, and moral "personalism" versus "impartialism."Stephen Boër is Professor of Philosophy at the Ohio State University. William Lycan is Professor of Philosophy at the University of North Carolina and author of Logical Form in Natural Language. A Bradford Book. (shrink)

Released in 1984, Steven E. Rhoads' classic was considered by many to be among the best introductions to the economic way of thinking and its applications. This anniversary edition has been updated to account for political and economic developments - from the greater interest in redistributing income and the ascendancy of behaviorism to the Trump presidency. Rhoads explores opportunity cost, marginalism, and economic incentives and explains why mainstream economists - even those well to the left - still value free (...) markets. He critiques economics for its unbalanced emphasis on narrow self-interest as controlling motive and route to happiness, highlighting philosophers and positive psychologists' findings that happiness is far more dependent on friends and family than on income or wealth. This thought-provoking tour of the economist's mind is a must read for our times, providing a clear, lively, non-technical insight into how economists think and why they shouldn't be ignored. (shrink)

An introduction to and critique of the latest trends in critical theory.

Winner of 2002 Edward Goodwin Ballard Prize In a penetrating and lucid discussion of the enigmatic relationship between the work of Edmund Husserl and Martin Heidegger, Steven Galt Crowell proposes that the distinguishing feature of twentieth-century philosophy is not so much its emphasis on language as its concern with meaning. Arguing that transcendental phenomenology is indispensable to the philosophical explanation of the space of meaning, Crowell shows how a proper understanding of both Husserl and Heidegger reveals the distinctive contributions (...) of each to that ongoing phenomenological project. (shrink)