If a person is competent to consent to a treatment, is that person necessarily competent to refuse the very same treatment? Risk relativists answer no to this question. If the refusal of a treatment is risky, we may demand a higher level of decision-making capacity to choose this option. The position is known as asymmetry. Risk relativity rests on the possibility of setting variable levels of competence by reference to variable levels of risk. In an excellent 2016 article inJournal of (...) Medical Ethics(JME), Rob Lawlor defends asymmetry of this kind by defending risk relativity, using and developing arguments and approaches found in earlier work such as that of Wilks. He offers what we call the two-scale approach: a scale of risk is to be used to set a standard of competence on a scale of decision-making difficulty. However, can this be done in any rational way? We argue it cannot, and in this sense, and to this extent, risk relativity is a nonsense. (shrink)

In this short response to Gray’s article Capacity and Decision Making we double down on our argument that risk-relativity is a nonsense. Risk relativity is the claim that we should set a higher standard of competence for a person to make a risky choice than to make a safe choice. Gray’s response largely involves calling attention to the complexities, ramifications and multiple value implications of decision-making, but we do not deny any of this. Using the notion of quality of care (...) mentioned by Gray, we construct an argument that might be used to support risk relativity. But it is no more persuasive than the arguments put forward by risk-relativists. (shrink)

In their article “Three Kinds of Decision-Making Capacity for Refusing Medical Interventions,” Navin et al. (2022) argue that we should recognize two forms of decision-making capacity (DMC) besides...

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights (...) theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)

Sovereignty in premodern times evoked the dynastic figure of the 'sovereign' or territorial monarch. In modern times, it became a more abstract idea, referring to the power of the state, later of the people or 'the popular sovereign' as articulated and refined through constitutional arrangements. Today these inherited understandings of sovereignty confront various new challenges, including those of globalization, privatization of power, and the rise of sub-state nationalism. An examination of key historical writers and trends from the seventeenth century onwards, (...) including Hobbes, Bodin, Constant, Rousseau and Schmitt, brings out these developments and challenges. Sovereignty remains a malleable and 'active' feature of the global configuration of power. Will sovereignty become a redundant concept over time, or will it remain a key part of the grammar of modern politics? (shrink)

This article begins by assessing the ways in which the life and work of Neil MacCormick exemplified a dual commitment to the local and particular—especially through his advocacy of nationalism—and to the international and the universal. It then concentrates on one of the key tensions in his work which reflected that duality, namely the tension between his longstanding endorsement of constitutional pluralism—and so of the separate integrity of different “local” constitutional orders—and his belief in some kind of unity, and (...) so community, residing in the moral and rational properties of all law. The article continues by considering a number of ways in which this tension may be resolved. It concludes, with particular reference to MacCormick's late work on ethics, that the answer may be found through the idea of a general unity of practical reason which undergirds the various special orders of practical reason by which particular legal systems are distinguished. (shrink)

The 2007 Treaty settlement represents an attempt by national leaders to banish the language of constitutionalism from the EU reform project for a generation. This book argues that the constitutional question cannot and should not disappear so easily. Examining the Union's constitutional past, and the prospects of constitutionalism providing a 'thicker' language of values for the future, the book provides a thorough analysis of the continuing role of constitutional thought in the EU's search for legitimacy as the world's first post-state (...) polity. (shrink)

Mental health legislation that requires patients to accept ‘care’ has come under increasing scrutiny, prompted primarily by a human rights ethic. Epistemic issues in mental health have received some attention, however, less attention has been paid to the possible epistemic problems of mental health legislation existing. In this manuscript, we examine the epistemic problems that arise from the presence of such legislation, both for patients without a prior experience of being detained under such legislation and for those with this experience. (...) We also examine how the doctor is legally obligated to compound the epistemic problems by the knowledge they prioritise and the failure to generate new knowledge. Specifically, we describe the problems of testimonial epistemic injustice, epistemic silencing, and epistemic smothering, and address the possible justification provided by epistemic paternalism. We suggest that there is no reasonable epistemic justification for mental health legislation that creates an environment that fundamentally unbalances the doctor–patient relationship. Significant positive reasons to counterbalance this are needed to justify the continuation of such legislation. (shrink)

Neil Levy argues that while addicts who believe they are not addicts are self-deceived, addicts who believe they are addicts are just as self-deceived. Such persons accept a false belief that their addictive behaviour involves a loss of control. This paper examines two implications of Levy's discussion: that accurate self-knowledge may be particularly difficult for addicts; and that an addict's self-deceived belief that they cannot control themselves may aid their attempts at self-control. I argue that the self-deceived beliefs of (...) addicts in denial and of self-described addicts differ in kind. Unlike the self-deception of an addict in denial, that of the self-described addict allows them to acknowledge their behaviour. As such, it may aid an addict to develop more self-control. A paradoxical implication is that this self-deception may allow an addict more self-knowledge. (shrink)

Abstract The typical explanation of an event or process which attracts the label ‘conspiracy theory’ is an explanation that conflicts with the account advanced by the relevant epistemic authorities. I argue that both for the layperson and for the intellectual, it is almost never rational to accept such a conspiracy theory. Knowledge is not merely shallowly social, in the manner recognized by social epistemology, it is also constitutively social: many kinds of knowledge only become accessible thanks to the agent's embedding (...) in an environment that includes other epistemic agents. Moreover, advances in knowledge typically require ongoing immersion in this social environment. But the intellectual who embraces a conspiracy theory risks cutting herself off from this environment, and therefore epistemically disabling herself. Embracing a conspiracy theory therefore places at risk the ability to engage in genuine enquiry, including the enquiry needed properly to evaluate the conspiracy theory. (shrink)

What is posthumanism and why does it matter? This book offers an introduction to the ways in which humanism's belief in the natural supremacy of the Family of Man has been called into question at different moments and from different theoretical positions. What is the relationship between posthumanism and technology? Can posthumanism have a politics—postcolonial or feminist? Are postmodernism and poststructuralism posthumanist? What happens when critical theory meets Hollywood cinema? What links posthumanism to science fiction. Posthumanism addresses these and other (...) questions in an attempt to come to terms with one of the most pressing issues facing contemporary society. (shrink)

The Taming of the True poses a broad challenge to realist views of meaning and truth that have been prominent in recent philosophy. Neil Tennant argues compellingly that every truth is knowable, and that an effective logical system can be based on this principle. He lays the foundations for global semantic anti-realism and extends its consequences from the philosophy of mathematics and logic to the theory of meaning, metaphysics, and epistemology.

McKenna’s critique (rather than criticisms) of idealized approaches to epistemology is an important contribution to the literature. In this brief discussion, I set out his main concerns about more idealized approaches, within and beyond social epistemology, before turning to some issues I think he neglects. I suggest that it’s important to pay attention to the prestige hierarchy in philosophy, and to how that hierarchy can serve ideological purposes. The greater prestige of more abstract approaches plays a role in determining what (...) issues and what voices we attend to. (shrink)

This book challenges the view that bad beliefs - beliefs that blatantly conflict with easily available evidence - can largely be explained by widespread irrationality, instead arguing that ordinary people are rational agents whose beliefs are the result of their rational response to the evidence they're presented with.

How may we characterize the intrinsic structure of physical quantities such as mass, length, or electric charge? This article shows that group-theoretic methods—specifically, the notion of a free and transitive group action—provide an elegant way of characterizing the structure of scalar quantities, and uses this to give an intrinsic treatment of vector quantities. It also gives a general account of how different scalar or vector quantities may be algebraically combined with one another. Finally, it uses this apparatus to give a (...) simple intrinsic treatment of Newtonian gravitation. (shrink)

Fifteen original essays open up a novel area of inquiry: the distinctively ethical dimensions of women's experiences of and in aging. Contributors distinguished in the fields of feminist ethics and the ethics of aging explore assumptions, experiences, practices, and public policies that affect women's well-being and dignity in later life. The book brings to the study of women's aging a reflective dimension missing from the empirical work that has predominated to date. Ethical studies of aging have so far failed to (...) emphasize gender. And feminist ethics has neglected older women, even when emphasizing other dimensions of 'difference.' Finally work on aging in all fields has focused on the elderly, while this volume sees aging as an extended process of negotiating personal and social change. (shrink)

Informed consent is a central topic in contemporary biomedical ethics. Yet attempts to set defensible and feasible standards for consenting have led to persistent difficulties. In Rethinking Informed Consent in Bioethics Neil Manson and Onora O'Neill set debates about informed consent in medicine and research in a fresh light. They show why informed consent cannot be fully specific or fully explicit, and why more specific consent is not always ethically better. They argue that consent needs distinctive communicative transactions, by (...) which other obligations, prohibitions, and rights can be waived or set aside in controlled and specific ways. Their book offers a coherent, wide-ranging and practical account of the role of consent in biomedicine which will be valuable to readers working in a range of areas in bioethics, medicine and law. (shrink)

In Working Virtue: Virtue Ethics and Contemporary Moral Problems, leading figures in the fields of virtue ethics and ethics come together to present the first ...

Most philosophers think that phenomenal consciousness underlies, or at any rate makes a large contribution, to moral considerability. This paper argues that many such accounts invoke question-begging arguments. Moreover, they’re unable to explain apparent differences in moral status across and within different species. In the light of these problems, I argue that we ought to take very seriously a view according to which moral considerability is grounded in functional properties. Phenomenal consciousness may be sufficient for having a moral value, but (...) it may not be necessary, and it may contribute relatively little to our overall considerability. (shrink)

_Philosophy and the Maternal Body_ gives a new voice to the mother and the maternal body which have often been viewed as silent within philosophy. Michelle Boulous Walker clearly shows how some male theorists have appropriated maternity, and suggests new ways of articulating the maternal body and women's experience of pregnancy and motherhood.

Multiverse Views in set theory advocate the claim that there are many universes of sets, no-one of which is canonical, and have risen to prominence over the last few years. One motivating factor is that such positions are often argued to account very elegantly for technical practice. While there is much discussion of the technical aspects of these views, in this paper I analyse a radical form of Multiversism on largely philosophical grounds. Of particular importance will be an account of (...) reference on the Multiversist conception, and the relativism that it implies. I argue that analysis of this central issue in the Philosophy of Mathematics indicates that Radical Multiversism must be algebraic, and cannot be viewed as an attempt to provide an account of reference without a softening of the position. (shrink)

Parents play a critical role in their child’s personal development and day-to-day experiences. However, as digital technologies are increasingly embedded in most New Zealand children’s everyday life activities parents face the task of ensuring their child’s online safety. To do so, they need to understand the way their child engages with and through these tools and make sense of the rapidly changing, and more technically complex, nature of digital devices. This presents a digital parenting dilemma: maximising children’s online opportunities while (...) minimising online risks and potential harm. This factsheet presents evidence about digital parenting in New Zealand based on nationally representative data collected from parents, caregivers and whānau and their children aged 9-17. It uses measures from the Global Kids Online project to explore the prevalence of different practices used by New Zealand parents to influence or mediate children’s internet use. (shrink)

A central area of current philosophical debate in the foundations of mathematics concerns whether or not there is a single, maximal, universe of set theory. Universists maintain that there is such a universe, while Multiversists argue that there are many universes, no one of which is ontologically privileged. Often forcing constructions that add subsets to models are cited as evidence in favour of the latter. This paper informs this debate by analysing ways the Universist might interpret this discourse that seems (...) to necessitate the addition of subsets to V. We argue that despite the prima facie incoherence of such talk for the Universist, she nonetheless has reason to try and provide interpretation of this discourse. We analyse extant interpretations of such talk, and analyse various tradeoffs in naturality that might be made. We conclude that the Universist has promising options for interpreting different forcing constructions. (shrink)

The independence phenomenon in set theory, while pervasive, can be partially addressed through the use of large cardinal axioms. A commonly assumed idea is that large cardinal axioms are species of maximality principles. In this paper I question this claim. I show that there is a kind of maximality (namely absoluteness) on which large cardinal axioms come out as restrictive relative to a formal notion of restrictiveness. Within this framework, I argue that large cardinal axioms can still play many of (...) their usual foundational roles. (shrink)

The paper examines a single, apparently simple argument for the existence of incompatibilities between the virtues as traits of character. This argument appeals not to empirical truths about human psychology or human nature but to the possibility of conflict between the exercise of different virtues in action. There are, for example, situations in which we can exercise the virtue of truthfulness only at the expense of not exercising the virtue of tact, as when we are asked a question to which (...) the straightforward answer will pain our questioner. The person who in these situations would give a straightforward answer possesses the virtue of truthfulness to a higher degree than the person who would respond more evasively, whereas the latter person possesses the virtue of tact to a higher degree than the former. But since the two responses are mutually exclusive, it follows that the degree to which we possess the virtue of truthfulness must, at least in some measure, correlate inversely with the degree to which we possess the virtue of tact. And similarly for many other pairs of virtues. My paper focusses on the two cardinal assumptions of this argument, viz., (i) that sometimes the exercise of one virtue can conflict with the exercise of another, and (ii) that the degree to which a person possesses a virtue correlates directly with the extent of its exercise, and defends both assumptions against a variety of objections which allege that, in different ways, they are insensitive to the complexity of the virtues. (shrink)

Often philosophers, logicians, and mathematicians employ a notion of intended structure when talking about a branch of mathematics. In addition, we know that there are foundational mathematical theories that can find representatives for the objects of informal mathematics. In this paper, we examine how faithfully foundational theories can represent intended structures, and show that this question is closely linked to the decidability of the theory of the intended structure. We argue that this sheds light on the trade-off between expressive power (...) and meta-theoretic properties when comparing first-order and second-order logic. (shrink)

An account of how a rational agent should revise beliefs in the light of new evidence.

We explain and explore class-theoretic potentialism—the view that one can always individuate more classes over a set-theoretic universe. We examine some motivations for class-theoretic potentialism, before proving some results concerning the relevant potentialist systems (in particular exhibiting failures of the $\mathsf {.2}$ and $\mathsf {.3}$ axioms). We then discuss the significance of these results for the different kinds of class-theoretic potentialists.

In the contemporary philosophy of set theory, discussion of new axioms that purport to resolve independence necessitates an explanation of how they come to be justified. Ordinarily, justification is divided into two broad kinds: intrinsic justification relates to how `intuitively plausible' an axiom is, whereas extrinsic justification supports an axiom by identifying certain `desirable' consequences. This paper puts pressure on how this distinction is formulated and construed. In particular, we argue that the distinction as often presented is neither well-demarcated nor (...) sufficiently precise. Instead, we suggest that the process of justification in set theory should not be thought of as neatly divisible in this way, but should rather be understood as a conceptually indivisible notion linked to the goal of explanation. (shrink)

In Plato’s Symposium, the mysterious Apollodorus recounts to an unnamed comrade, and to us, Aristodemus’ story of just what happened at Agathon’s drinking party. Since Apollodorus did not attend the party, however, it is unclear what relevance he could have to our understanding of Socrates’ speech, or to the Alcibiadean “satyr and silenic drama” (222d) that follows. The strangeness of Apollodorus is accentuated by his recession into the background after only two Stephanus pages. What difference—if any—does Apollodorus make to the (...) Symposium? Does his inclusion call the dramatic and philosophical unity of the work into question? I argue that despite initial appearances, Plato has important philosophical reasons for including Apollodorus as a character. Far from being an odd appendage to an otherwise complete narrative, the figure of Apollodorus is useful for our understanding of Socrates’s conception of eros later in the work. (shrink)

_Philosophy and the Maternal Body_ gives a new voice to the mother and the maternal body which have often been viewed as silent within philosophy. Michelle Boulous Walker clearly shows how some male theorists have appropriated maternity, and suggests new ways of articulating the maternal body and women's experience of pregnancy and motherhood.