As the World Anti-Doping Code is up for revision, the paper proposes a framework for reading the Code based on a relatively literal approach and an almost exclusive focus on the ?spirit of sport? as a key element of the Code. The author argues that this single element can contribute to revealing the underlying rationale of the Code, as it serves to justify bans of doping substances and methods, in some cases without recurring to evidence sustaining the claims made. For (...) a substance/method to be banned, the Code requires that two out of three criteria be met: performance enhancement, health risk and the spirit of sport. The paper demonstrates how these provisions link to other parts of the Code, (under the rules of the Code 2009) in the absence of performance-enhancing properties combined with a health risk. The paper draws implications from these findings regarding terminological (im)precision, legal certainty/predictability, transparency/accountability, limits to arbitrary exercise of power and internal/external validity. (shrink)

The legacy of the massacre which intervened during the XX Olympic Summer Games in Munich (26 August to 11 September 1972) is a heavy burden for Munich, Bavaria and Germany and one which continues b...

Volume 13, Issue 2, May 2019, Page 259-265.

Could it be that the Trump presidency is symptomatic of something profoundly true and constitutive as regards not only the politics but also the business and sport models of the USA? Could it be th...

Zusammenfassung Der Aufsatz untersucht die „Horizontalität“ bzw. „Vertikalität“ des Themas „Sport“ im EG/eu-prozess der letzten dreißig Jahre. Die Unterscheidung Horizontalität/vertikalität bezieht sich hierbei auf interne Strukturen der Union und nicht auf das Verhältnis Union/mitgliedstaaten. Anhand genereller Entwicklungslinien wird gefragt, ob Sport ein horizontales Thema darstellt, das in andere Themenfelder eingreift, oder aber ein eigenständiges, vertikales Thema ist. Der Beitrag kommt zu dem Schluss, dass die Realität nach wie vor eine Mischung aus Horizontalität und Vertikalität ist, dass aber das Prinzip der (...) Vertikalität verstärkt wurde. Es wird auch klar, dass die Rechtsprechung als Motor der Entwicklung eine herausragende Rolle spielte. (shrink)

While sports governing bodies are, in many countries, increasingly concerned with defining, delineating and defending commercial rights derived from the effective control of sports...

From his adoptive academic home in East Timor, the Australian lawyer-philosopher-cyclist Martin Hardie has delivered a riveting assessment of the anti-doping fight as applied to cycling. To anyone...

Taking its point of departure in an anachronic exhibition, Soulèvements (2016/18), this book is a theoretical exploration of how the notion of contemporaneity understood as the coming together of different times in the same historical present relates to the end of a certain history of art. Critical of hitherto dominant chronological, ahistorical, and/or culturally restricted notions of the contemporary, Lund's overall aim is to make an argument for the contemporary contemporary, as the point of departure for any anachronic relationship with (...) time today, and as the inescapable point of departure for any possible historical imagination. (shrink)

The Meno, one of the most widely read of the Platonic dialogues, is seen afresh in this original interpretation that explores the dialogue as a theatrical presentation. Just as Socrates's listeners would have questioned and examined their own thinking in response to the presentation, so, Klein shows, should modern readers become involved in the drama of the dialogue. Klein offers a line-by-line commentary on the text of the Meno itself that animates the characters and conversation and carefully probes each significant (...) turn of the argument. "A major addition to the literature on the Meno and necessary reading for every student of the dialogue."--Alexander Seasonske, Philosophical Review "There exists no other commentary on Meno which is so thorough, sound, and enlightening."-- Choice Jacob Klein was a student of Martin Heidegger and a tutor at St. John's College from 1937 until his death. His other works include Plato's Trilogy: Theaetetus, the Sophist, and the Statesman, also published by the University of Chicago Press. (shrink)

I present a new argument for the repugnant conclusion. The core of the argument is a risky, intrapersonal analogue of the mere addition paradox. The argument is important for three reasons. First, some solutions to Parfit’s original puzzle do not obviously generalize to the intrapersonal puzzle in a plausible way. Second, it raises independently important questions about how to make decisions under uncertainty for the sake of people whose existence might depend on what we do. And, third, it suggests various (...) difficulties for leading views about the value of a person’s life compared to her nonexistence. (shrink)

The standard view of "believes" and other propositional attitude verbs is that such verbs express relations between agents and propositions. A sentence of the form “S believes that p” is true just in case S stands in the belief-relation to the proposition that p; this proposition is the referent of the complement clause "that p." On this view, we would expect the clausal complements of propositional attitude verbs to be freely intersubstitutable with their corresponding proposition descriptions—e.g., "the proposition that p"—as (...) they are in the case of "believes." In many cases, however, intersubstitution of that-clauses and proposition descriptions fails to preserve truth value or even grammaticality. These substitution failures lead some philosophers to reject the standard view of propositional attitude reports. Others conclude that propositional attitude verbs are systematically ambiguous. I reject both these views. On my view, the that-clause complements of propositional attitude verbs denote propositions, but proposition descriptions do not. (shrink)

I defend the view that a reason for someone to do something is just a reason why she ought to do it. This simple view has been thought incompatible with the existence of reasons to do things that we may refrain from doing or even ought not to do. For it is widely assumed that there are reasons why we ought to do something only if we ought to do it. I present several counterexamples to this principle and reject some (...) ways of understanding "ought" so that the principle is compatible with my examples. I conclude with a hypothesis for when and why the principle should be expected to fail. (shrink)

According to asymmetric comparativism, it is worse for a person to exist with a miserable life than not to exist, but it is not better for a person to exist with a happy life than not to exist. My aim in this paper is to explain how asymmetric comparativism could possibly be true. My account of asymmetric comparativism begins with a different asymmetry, regarding the (dis)value of early death. I offer an account of this early death asymmetry, appealing to the (...) idea of conditional goods, and generalize it to explain how asymmetric comparativism could possibly be true. I also address the objection that asymmetric comparativism has unacceptably antinatalist implications. (shrink)

Are there key respects in which character and character defects are voluntary? Can agents with serious vices be rational agents? Jonathan Jacobs answers in the affirmative. Moral character is shaped through voluntary habits, including the ways we habituate ourselves, Jacobs believes. Just as individuals can voluntarily lead unhappy lives without making unhappiness an end, so can they degrade their ethical characters through voluntary action that does not have establishment of vice as its end. Choosing Character presents an account of ethical (...) disability, expanding the domain of responsibility and explicating the role of character in ethical cognition. Jacobs contends that agents become ethically disabled voluntarily when their habits impair their ability to properly appreciate ethical considerations. Such agents are rational, responsible individuals who are yet incapable of virtuous action. The view develops and modifies Aristotelian claims concerning the fixity of character. Jacobs' interpretation is developed in contrast to the overlooked work of Maimonides, who also used Aristotelian resources but argued for the possibility of character change. The notion of ethical disability has profound ramifications for ethics and for current debates about blame and punishment. (shrink)

Matthew Adler's Measuring Social Welfare is an introduction to the social welfare function (SWF) methodology. This essay questions some ideas at the core of the SWF methodology having to do with the relation between the SWF and the measure of well-being. The facts about individual well-being do not single out a particular scale on which well-being must be measured. As with physical quantities, there are multiple scales that can be used to represent the same information about well-being; no one scale (...) is special. Like physical laws, the SWF and its ranking of distributions cannot depend on exactly which of these scales we use. Adler and other theorists in the SWF tradition have used this idea to derive highly restrictive constraints on the shape of the SWF. These constraints rule out seemingly plausible views about distributive justice and population ethics. I argue, however, that these constraints stem from a simple but instructive mistake. The SWF should not be applied to vectors of numbers such as 1 and 2, but rather to vectors of dimensioned quantities such as 1 util and 2 utils. This seemingly pedantic suggestion turns out to have far-reaching consequences. Unlike the orthodox SWF approach, treating welfare levels as dimensioned quantities lets us distinguish between real changes in well-being and mere changes in the unit of measurement. It does this without making the SWF depend on the scale on which welfare is measured, and in a way that avoids the restrictive constraints on the shape of the SWF. (shrink)

According to the person-affecting restriction, one distribution of welfare can be better than another only if there is someone for whom it is better. Extant problems for the person-affecting restriction involve variable-population cases, such as the nonidentity problem, which are notoriously controversial and difficult to resolve. This paper develops a fixed-population problem for the person-affecting restriction. The problem reveals that, in the presence of incommensurable welfare levels, the person-affecting restriction is incompatible with minimal requirements of impartial beneficence even in fixed-population (...) contexts. (shrink)

Jacobs' interpretation is developed in contrast to the overlooked work of Maimonides, who also used Aristotelian resources but argued for the possibility of ...

Lara Buchak argues for a version of rank-weighted utilitarianism that assigns greater weight to the interests of the worse off. She argues that our distributive principles should be derived from the preferences of rational individuals behind a veil of ignorance, who ought to be risk averse. I argue that Buchak’s appeal to the veil of ignorance leads to a particular way of extending rank-weighted utilitarianism to the evaluation of uncertain prospects. This method recommends choices that violate the unanimous preferences of (...) rational individuals and choices that guarantee worse distributions. These results, I suggest, undermine Buchak’s argument for rank-weighted utilitarianism. (shrink)

Skirting the Ethical offers highly original readings of six works, each noted for its politico-ethical stance. The first four (Sophocles' Antigone , Plato's Symposium and Republic and Hamann's "Aesthetica in nuce") have a recognized and honored place in the canon. The last two, Sebald's The Emigrants and Jane Campion's film The Piano , are exemplary for our contemporary scene. Nevertheless, the straightforward assumptions about justice, divine and state power, the good, and identity politics that every reader or viewer inevitably comes (...) upon are disrupted when one takes into account the role of language: both the way in which language is talked about and the way in which it performs. What emerges is a non-prescriptive ethics of another order that offers a resistance to power and simplistic conceptualizations of truth, an emancipation from the "must-be" that implies an ever-to-be-renewed renegotiation—a responsability that has much to do with the act of critique or interpretation. (shrink)

Speech : an eye that sees, an ear that hears -- Time : considerations of temporal priority or posteriority do not enter into the Torah -- Space : the land of Israel is holier than all lands -- Analysis : hierarchical classification and the law's philosophical demonstration of monotheism -- Mixtures -- Analysis : intentionality -- Integrating the system -- Living in the kingdom of God.

A philosopher, rabbi, religious historian, and Gnostic, Jacob Taubes was for many years a correspondent and interlocutor of Carl Schmitt (1888-1985), a German jurist, philosopher, political theorist, law professor--and self-professed Nazi. Despite their unlikely association, Taubes and Schmitt shared an abiding interest in the fundamental problems of political theology, believing the great challenges of modern political theory were ancient in pedigree and, in many cases, anticipated the works of Judeo-Christian eschatologists. In this collection of Taubes's writings on Schmitt, the (...) two intellectuals work through ideas of the apocalypse and other central concepts of political theology. Taubes acknowledges Schmitt's reservations about the weakness of liberal democracy yet distances himself from his prescription to rectify it, arguing the apocalyptic worldview requires less of a rigid hierarchical social ordering than a community committed to the importance of decision making. In these writings, a sharper and more nuanced portrait of Schmitt's thought emerges, as well as a more complicated understanding of Taubes, who has shaped the work of Giorgio Agamben, Peter Sloterdijk, and other major twentieth-century theorists. (shrink)

Business ethics, corporate social responsibility, corporate citizenship, values-driven management, corporate governance, and ethical leadership are necessary ...

Panpsychism is a solution to the mind-body problem that presumes that consciousness is a fundamental aspect of reality instead of a product or consequence of physical processes (i.e., brain activity). Panpsychism is an elegant solution to the mind-body problem: it effectively rids itself of the explanatory gap materialist theories of consciousness suffer from. However, many theorists and experimentalists doubt panpsychism can ever be successful as a scientific theory, as it cannot be empirically verified or falsified. In this paper, I present (...) a panpsychist model based on the controversial idea that consciousness may be a so called higher physical dimension. Although this notion seems outrageous, I show that the idea has surprising explanatory power, even though the model (as most models) is most likely wrong. Most importantly, though, it results in a panpsychist model that yields predictions that can be empirically verified or falsified. As such, the model's main purpose is to serve as an example how a metaphysical model of consciousness can be specified in such a way that they can be tested in a scientifically rigorous way. (shrink)

Aristotle is said to have held that any kind of actual infinity is impossible. I argue that he was a finitist (or "potentialist") about _magnitude_, but not about _plurality_. He did not deny that there are, or can be, infinitely many things in actuality. If this is right, then it has implications for Aristotle's views about the metaphysics of parts and points.

I argue that, on Husserl's account, affectivity, along with the closely related phenomenon of association, follows a form of sui generis lawfulness belonging to the domain of what Husserl calls motivation, which must be distinguished both (1) from the causal structures through which we understand the body third-personally, as a material thing; and also (2) from the rational or inferential structures at the level of deliberative judgment traditionally understood to be the domain of epistemic import. In effect, in addition to (...) recognizing a “space of causes” and a “space of reasons,” Husserl’s account of affectivity and the epistemology of passive synthesis in which it is situated suggest that we should recognize a separate “space of motivations.” Within this space, on Husserl’s phenomenological picture, we can isolate two different sorts of epistemic import, one belonging directly to the passive-synthetic content of experience, as explained in Husserl’s account of association and his closely aligned notion of nonlinguistic sense, and a second—my primary focus—affectivity, which is still relevant for that content, albeit indirectly, and holds epistemic import in its determination not of what that content is but of how it comes to matter for us. (shrink)

The revised classic on the professional and legal standards of school psychology This completely updated edition of the leading ethics and law guide provides ...

Tsui and Weymark (Economic Theory, 1997) have shown that the only continuous social welfare orderings on the whole Euclidean space which satisfy the weak Pareto principle and are invariant to individual-specific similarity transformations of utilities are strongly dictatorial. Their proof relies on functional equation arguments which are quite complex. This note provides a simpler proof of their theorem.

This study of the Jewish legal system (the Halakhah) demonstrates that the law embraces every corner of life.

Despite advances in feminism, the "law of the father" remains the dominant model of Western psychological and cultural analysis, and the law of the mother continues to exist as an underdeveloped and marginal concept. In her radical rereading of the Greek myth, _Oresteia_, Amber Jacobs hopes to rectify the occlusion of the mother and reinforce her role as an active agent in the laws that determine and reinforce our cultural organization. According to Greek myth, Metis, Athena's mother, was Zeus's first (...) wife. Zeus swallowed Metis to prevent her from bearing children who would overthrow him. Nevertheless, Metis bore Zeus a child-Athena-who sprang forth fully formed from his head. In Aeschylus's _Oresteia_, Athena's motherless status functions as a crucial justification for absolving Orestes of the crime of matricide. In his defense of Orestes, Zeus argues that the father is more important than the mother, using Athena's "motherless" birth as an example. Conducting a close reading of critical works on Aeschylus's text, Jacobs reveals that psychoanalytic theorists have unwittingly reproduced the denial of Metis in their own critiques. This repression, which can be found in the work of Sigmund Freud and Melanie Klein as well as in the work of more contemporary theorists such as André Green and Luce Irigaray, has resulted in both an incomplete analysis of Oresteia and an inability to account for the fantasies and unconscious processes that fall outside the oedipal/patricidal paradigm. By bringing the story of Athena's mother, Metis, to the forefront, Jacobs challenges the primacy of the Oedipus myth in Western culture and psychoanalysis and introduces a bold new theory of matricide and maternal law. She finds that the Metis myth exists in cryptic forms within Aeschylus's text, uncovering what she terms the "latent content of the Oresteian myth," and argues that the occlusion of the law of the mother is proof of the patriarchal structures underlying our contemporary social and psychic realities. Jacobs's work not only provides new insight into the Oresteian trilogy but also advances a postpatriarchal model of the symbolic order that has strong ramifications for psychoanalysis, feminism, and theories of representation, as well as for clinical practice and epistemology. (shrink)

Ethical beliefs are not justified by familiar methods. We do not directly sense ethical properties, at least not in the straightforward way we sense colors or shapes. Nor is it plausible to think – despite a tradition claiming otherwise – that there are self-evident ethical truths that we can know in the way we know conceptual or mathematical truths. Yet, if we are justified in believing anything, we are justified in believing various ethical propositions e.g., that slavery is wrong. If (...) ethical beliefs are not justified in these familiar ways, how are they justified? -/- In her widely read, “Modern Moral Philosophy,” and in her short complimentary paper, “On Brute Facts,” G.E.M. Anscombe answers this question with a compelling and unorthodox account of justification in ethics. Because of her polemical tone and because “Modern Moral Philosophy” does so much else besides, this contribution is easy to overlook. But her account is worth taking seriously, since (a) it is an underappreciated yet plausible account that sidesteps traditional controversies, (b) it offers rich conceptual tools for interpreting and critiquing ethical theories, (c) it suggests an appealing account of the place of ethical theory in ethical knowledge and, (d) it provides useful guidance for doing applied ethics. (shrink)

On Zeno Beach there are infinitely many grains of sand, each half the size of the last. Supposing Aristotle denied the possibility of Zeno Beach, did he have a good argument for the denial? Three arguments, each of ancient origin, are examined: the beach would be infinitely large; the beach would be impossible to walk across; the beach would contain a part equal to the whole, whereas parts must be lesser. It is attempted to show that none of these arguments (...) was Aristotle’s. Indeed, perhaps Aristotle’s finitism applied to magnitude only, not plurality. (shrink)

Friedrich Nietzsche occupies a contradictory position in the history of ideas: he came up with the concept of a master race, yet an eminent Jewish scholar like Martin Buber translated his Also sprach Zarathustra into Polish and remained in a lifelong intellectual dialogue with Nietzsche. Sigmund Freud admired his intellectual courage and was not at all reluctant to admit that Nietzsche had anticipated many of his basic ideas. This unique collection of essays explores the reciprocal relationship between Nietzsche and Jewish (...) culture. It is organized in two parts: the first examines Nietzsche's attitudes towards Jews and Judaism; the second Nietzsche's influence on Jewish intellectuals as diverse and as famous as Franz Kafka, Martin Buber, Franz Rosenzweig and Sigmund Freud . Each carefully selected essay explores one aspect of Nietzsche's relation to Judaism and German intellectual history, from Heinrich Heine to Nazism. (shrink)

Einleitung.--Die schriften Abravanels.--Die von Abravanel benutzte literatur.--Die lehre von Gottes attributen.--Über Gottes vorsehung.--Das wissen Gottes und die willensfreiheit des menschen.--Über die natur des möglichen und die wisllnsfreiheit des menschen.--Die lehre von der zeitlichkeit der schöpfung.--Die lehre von den wundern und von der prophetie.--Die lehre von der seele.--Die lehre vom Messias.--Die grundlehren des judentums.

Extensive measurement is the standard measurement-theoretic approach for constructing a ratio scale. It involves the comparison of objects that can be concatenated in an additively representable way. This paper studies the implications of extensively measurable welfare for social choice theory. We do this in two frameworks: an Arrovian framework with a fixed population and no interpersonal comparisons, and a generalized framework with variable populations and full interpersonal comparability. In each framework we use extensive measurement to introduce novel domain restrictions, independence (...) conditions, and constraints on social evaluation. We prove a welfarism theorem for these domains and characterize the social welfare functions that satisfy the axioms of extensive measurement at both the individual and social levels. The main results are simple axiomatizations of strong dictatorship in the Arrovian framework and classical utilitarianism in the generalized framework. (shrink)

Brennan and Jaworski (2018) accuse me of misunderstanding their thesis and failing to produce a counterexample to it. In this Response, I clarify my central argument in “Can’t Buy Me Love,” explain why I used prostitution as an example, and work to advance the debate.

There are two competing views regarding the role of mechanistic knowledge in inferences about the effectiveness of interventions. One view holds that inferences about the effectiveness of interventions should be based only on data from population-level studies (often statistical evidence from randomised trials). The other view holds that such inferences must be based in part on mechanistic evidence. The competing views are local principles of inference, the plausibility of which can be assessed by a more general normative principle of inference. (...) Bayesianism tells us to base inferences on both the ‘likelihood’ and the ‘prior’. The likelihood represents statistical evidence. One influence on the prior probability of a hypothesis like ‘d causes x’ is mechanistic knowledge of how d causes x. Thus, reasoning about such inferences by appealing to both statistical and mechanistic evidence is vindicated by our best general theory of inference. The primary contribution of this paper is to assess the merits and weaknesses of the arguments on both sides of the debate, using the Bayesian framework. This analysis lends support to those who argue that we should base our causal inferences about interventions in part on mechanistic evidence. (shrink)

The Intellectual Foundations of Christian and Jewish Discourse is a unique and controversial analysis of the genesis and evolution of Judeo-Christian intellectual thought. Jacob Neusner and Bruce Chilton argue that the Judaic and Christian heirs of Scripture adopted, and adapted to their own purposes, Greek philosophical modes of thought, argument and science. Intellectual Foundations of Christian and Jewish Discourse explores how the earliest intellectuals of Christianity and Judaism shaped a tradition of articulated conflict and reasoned argument in the search (...) for religious truth and focuses especially on methods of discourse in the Judaic and Christian intellectual and literary traditions. (shrink)

1. Torah : issues of ethics. -- 2. God : issues of Theology. -- 3. Israel : issues of public policy.