This paper considers whether transgender women should be permitted to compete in female categories in sports. Trans* women are often criticized for competing in female categories because they are seen as having an unfair advantage. Specifically, they are seen as having high levels of testosterone that unfairly enhance their performance in comparison to cisgender competitors. In this paper, I argue that trans* women should be permitted to compete in female categories. I suggest that if we want to maintain the skill (...) thesis as a guiding principle of sports and allow trans* women to compete in female categories, then we need to take relevant genetic advantages into consideration by introducing a handicap system. I claim that a handicap system should consider both cisgender and transgender women’s effective testosterone levels. (shrink)

Eating disorders are mental illnesses that can have a significant and persistent physical impact, especially for those who are not treated early in their disease trajectory. Although many persons w...

BackgroundClinical ethics consultations can be complex interventions, involving multiple methods, stakeholders, and competing ethical values. Despite longstanding calls for rigorous evaluation in the field, progress has been limited. The Medical Research Council proposed guidelines for evaluating the effectiveness of complex interventions. The evaluation of CEC may benefit from application of the MRC framework to advance the transparency and methodological rigor of this field. A first step is to understand the outcomes measured in evaluations of CEC in healthcare settings. ObjectiveThe primary (...) objective of this review was to identify and map the outcomes reported in primary studies of CEC. The secondary objective was to provide a comprehensive overview of CEC structures, processes, and roles to enhance understanding and to inform standardization.MethodsWe searched electronic databases to identify primary studies of CEC involving patients, substitute decision-makers and/or family members, clinicians, healthcare staff and leaders. Outcomes were mapped across five conceptual domains as identified a priori based on our clinical ethics experience and preliminary literature searches and revised based on our emerging interpretation of the data. These domains included personal factors, process factors, clinical factors, quality, and resource factors. ResultsForty-eight studies were included in the review. Studies were highly heterogeneous and varied considerably regarding format and process of ethical intervention, credentials of interventionist, population of study, outcomes reported, and measures employed. In addition, few studies used validated measurement tools. The top three outcome domains that studies reported on were quality, process factors, and clinical factors. The majority of studies examined multiple outcome domains. All five outcome domains were multidimensional and included a variety of subthemes.ConclusionsThis scoping review represents the initial phase of mapping the outcomes reported in primary studies of CEC and identifying gaps in the evidence. The confirmed lack of standardization represents a hindrance to the provision of high quality intervention and CEC scientific progress. Insights gained can inform the development of a core outcome set to standardize outcome measures in CEC evaluation research and enable scientifically rigorous efficacy trials of CEC. (shrink)

Famously, both Saul Kripke and Keith Donnellan opposed description theories and insisted on the role of history in determining the reference of a proper name token. No wonder, then, that their views on proper names have often been assimilated. By focusing on reference borrowing—an alleged phenomenon that Kripke takes to be fundamental—we argue that they should not be. In particular, we claim that according to Donnellan a proper name token never borrows its reference from preceding tokens which it is historically (...) connected to. On the contrary, its reference is always fixed anew on who or what the speaker has in mind when he or she produces it. In fact, what is important to realize is that Donnellan and Kripke took two different histories to be relevant: that of the proper name token produced by the speaker , and that of the cognitive status of the speaker when he or she produces it . We end by suggesting that this difference between Kripke’s and Donnellan’s accounts of proper names rests on a more general difference in their approach to language. (shrink)

Around 1970, both Keith Donnellan and Saul Kripke produced powerful arguments against description theories of proper names. They also offered sketches of positive accounts of proper name reference, highlighting the crucial role played by historical facts that might be unknown to the speaker. Building on these sketches, in the following years Michael Devitt elaborated his well-known causal theory of proper names. As I have argued elsewhere, however, contrary to what is commonly assumed, Donnellan’s and Kripke’s sketches point in two rather (...) different directions, by appealing to historical or causal facts of different sorts. In this paper, I shall discuss and criticize Devitt’s causal theory, which confuses things, I shall argue, by mixing, so to speak, Donnellan’s and Kripke’s sketches. (shrink)

The question of whether transgender athletes should be permitted to compete in accordance with their gender identity is an evolving debate. Most competitive sports have male and female categories. One of the primary challenges with this categorization system, however, is that some transgender athletes (and especially transgender women) may be prevented from competing in accordance with their gender identity. The reason for this restriction is because of the idea that transgender women have an unfair advantage over their cisgender counterparts; this (...) is seen as a problem since sports are typically guided a principle called ‘the skill thesis’, which suggests that sports are supposed to determine who is most skillful by maintaining a fair starting point. In this paper, I argue that if the skill thesis ought to be maintained and there continues to exist no conclusive evidence in support of unfair advantages possessed by trans women, then we may want to re-consider the gender binary in sport. Rather than having male/female categories, it may make more sense to categorize athletes based other sport-specific factors (e.g., height, weight, etc.). This may help to maintain the skill thesis while at the same time removing potentially unfair and discriminatory barriers against transgender athletes. (shrink)

Since Saul Kripke’s and Hilary Putnam’s groundbreaking work in the Seventies, the idea has emerged that natural kind terms are semantically special among common nouns. Stephen P. Schwartz, for example, has argued that an artifactual kind term like “pencil” functions very differently from a natural kind term like “tiger.” This, however, blatantly violates a principle that I call Semantic Uniformity. In this paper, I defend the principle. In particular, I outline a picture of how natural kind terms function based on (...) Kripke’s and Putnam’s considerations, and I use it to rebut Schwartz’s arguments, showing that if it works for natural kind terms, it can work for artifactual kind terms too, or at least that Schwartz did not provide good enough reasons to the contrary. (shrink)

In this paper, I try to outline what I take to be Naming and Necessity’s fundamental legacy to my generation and those that follow, and the new perspectives it has opened up for twenty-first century philosophy. The discussion is subdivided into three sections, concerning respectively philosophy of language, metaphysics, and metaphilosophy. The general unifying theme is that Naming and Necessity is helping philosophy to recover a Golden Age, by freeing it from the strictures coming from the empiricist and Kantian traditions (...) and reconnecting it to the world and the objects that populate it. Because of this, in the concluding paragraph I tentatively suggest that Kripke’s philosophy may be seen as a sui generis form of naturalism. (shrink)

Determining whether and/or how to enable older persons with disabilities to engage in sex raises several ethical considerations. With the goal of enabling the sexual functioning of older adults with disabilities, Jecker argues that sex robots could be used as a helpful tool. In her article, ‘Nothing to be Ashamed of: Sex Robots for Older Adults with Disabilities’, Jecker acknowledges the importance of sexual functioning and the fact that ageist assumptions incorrectly classify older persons as asexual. Additionally, older adults may (...) experience disabilities that negatively influence their sexual functioning, which is problematic since sex may be linked to the following capabilities: developing a meaningful life narrative; being healthy; experiencing bodily integrity; feeling and communicating emotions; affiliating with others and reflecting on and choosing a life plan.1 In accordance with Nussbaum’s capabilities approach,2 Jecker says that society has a duty to support these capabilities at a minimal threshold. And insofar as sexual functioning may be relevant to the capabilities for older adults with disabilities, then we need to respond accordingly. One way of achieving this aim is by providing access to sex robots. I agree that sex robots ought to be made available for older adults with disabilities. Nevertheless, the article inspires several areas for further exploration. As Jecker rightfully mentions, older adults are often incorrectly labelled as non-sexual. For instance, in their analysis of older individuals’ views on sex and quality of life, Gott …. (shrink)

In this paper, I focus on the alleged distinction between speaker’s reference and semantic reference. I begin by discussing Saul Kripke’s notion of speaker’s reference and the theoretical roles it is supposed to play, arguing that they do not justify the claim that reference comes in two different sorts and highlighting that Kripke’s own definition makes the notion incompatible with the nowadays widely endorsed Gricean project, which aims at explaining semantic reference in terms of speaker’s reference. I then examine an (...) alternative account of speaker’s reference offered by Michael Devitt within his causal theory and express some doubts about its suitability for explaining proper name semantic reference. From all this, I conclude that there is at least some tension between Kripke’s chain of communication picture and the attempt to explain (Griceanly, so to say) semantic properties in terms of speakers’ mental states. (shrink)

In “Is semantics possible?” Putnam connected two themes: the very possibility of semantics (as opposed to formal model theory) for natural languages and the proper semantic treatment of common nouns. Putnam observed that abstract semantic accounts are modeled on formal languages model theory: the substantial contribution is rules for logical connectives (given outside the models), whereas the lexicon (individual constants and predicates) is treated merely schematically by the models. This schematic treatment may be all that is needed for an account (...) of validity in a formal setting, but it does not help to understand how proper and common nouns function in reality (not in models). Putnam then initiated the empirical study of such nouns to indicate, (i), that the popular Frege-Carnap account of them as (“disguised” compound) predicates is empirically incorrect, and, (ii), that they offer a new paradigm for a naturalistic semantics of natural languages. We take Putnam’s program a couple of steps further. First, we investigate the semantics of common nouns and argue that they refer (to kinds), rather than apply by satisfaction/truth to a designation/denotation. Second, we point to general results about semantics as a theory whose fulcrum is the reference relation rather than satisfaction in models and validity across them. (shrink)

In the second lecture of "Naming and Necessity," Saul Kripke presented a new and quite convincing picture of the reference of proper names. At the same time, however, he expressed some skepticism towards the possibility of developing it into a full-blown theory by offering “more exact conditions for reference to take place.” In this paper, after discussing the reasons for his skepticism, I hint at how I think Kripke’s picture could be developed and offer an outline of a theory of (...) reference based on it. One of the key notions my ‘theory’ makes use of is that of repetition, which I take from Kaplan’s “Words.”. (shrink)

This book celebrates the many important contributions to philosophy by one of the leading philosophers in the analytic field, Michael Devitt. It collects seventeen original essays by renowned philosophers from all over the world. They all develop themes from Devitt’s work, thus discussing many fundamental issues in philosophy of linguistics, theory of reference, theory of meaning, methodology, and metaphysics. In a long final chapter, Devitt himself replies to the contributors. In so doing, he further elaborates his views on various of (...) these issues, for example defending his claim (in opposition to Chomskyan orthodoxy) that languages are external rather than internal; his well-known causal theory of reference; his “shocking” idea that meanings can be causal, non-descriptive, modes of presentation; his methodological naturalism; his commitment to scientific realism; and his version of biological essentialism. The volume will appeal to all scholars and students interested in contemporary theoretical analytic philosophy, and will be a must-read for any serious researcher in philosophy of language. It provides a deep insight into the work of one of the most important living philosophers, and will help readers to better understand language and reality from a naturalistic perspective. (shrink)

Most of the times we open our mouth to communicate, we talk about things. This can happen because the linguistic expressions we use have semantic properties that connect them to extra-linguistic entities. Thanks to these properties, they may be used by us to refer to things. Or, as we may also say, they themselves refer to things, though in certain cases they do so only relative to a context of use. But how can we characterize the semantic properties in question? (...) What exactly is reference? Philosophers have been trying to answer these questions for centuries, but only in the last century has it become really pressing. Following Frege's account of reference, and Kripke's rebuttal of it, many philosophers began to look at reference from a new perspective, which highlighted the crucial role played in its determination by mundane aspects that are not under the direct control of the speaker. This semantic revolution, however, left us with a number of open problems. The eighteen original essays collected in this volume deal with many of these problems, thus contributing to our understanding of the nature of reference, its role in cognition, and the place it should be given in semantic theory. (shrink)

This paper explores the ethics of deceased‐directed donation (DDD) and brings a unique perspective to this issue—the relevance of providing family‐centered care and culturally sensitive care to deceased donors, potential recipients, and their families. The significance of providing family‐centered care is becoming increasingly prevalent, specifically in pediatric healthcare settings. Therefore, this topic is especially relevant to those working with and interested in pediatrics. As the world is becoming more diverse with globalization, assessing the cultural aspect of the ethics of DDD (...) is increasingly salient. We provide a brief overview of DDD across the globe, review prominent arguments both for and against DDD, consider family‐centered and culturally specific considerations, and offer considerations for the development of a policy or guideline. We determine that the practice of DDD is ethically defensible in certain circumstances and congruent with providing both family‐centered and culturally sensitive care. Our analysis is relevant to any country with a diverse population and any healthcare provider or institution that operates under a framework of family‐centered care, such as those in pediatric hospitals. (shrink)

The pervasive use of contracts in healthcare is a source of unease for many healthcare ethicists and patient advocates. This commentary examines the use of such contracts with individuals in rehabilitation settings who have complex medical and behavioural issues. The goals of this paper are to examine the many factors that can lead to contract use, to discuss some legal and ethical implications of contract use, and to assess contract use in light of concerns about health equity. The paper concludes (...) with some practical alternatives to the use of such contracts, and refers specifically to tools that might be borrowed from the field of behavioural therapy. (shrink)

After briefly introducing the topic of reference, which has a long tradition but did not become a major issue until the last century, when language started to occupy center-stage in philosophy, and after mentioning some of the open problems that the semantic revolution promoted by Saul Kripke and others in the late 1960s and early 1970s left us, which are dealt with in the volume, I offer a preview of the papers collected in the latter, explaining how the volume is (...) organized and how the papers relate to one another. (shrink)

Sex and dementia is becoming an increasingly important topic in applied ethics. By the year 2030, more than 74.7 million people are expected to be diagnosed with dementia worldwide; many of these people may want to engage in sex. The question of how to manage cases of sex and dementia is occurring more frequently in practical cases because of our aging population. The primary reason that sex and dementia is ethically complex is because sexual consent is both legally and morally (...) significant, yet many people with dementia may be unable to consent in accordance with current standards. In this dissertation, I introduce three frameworks that could be used to approach cases of sex and dementia. The first framework is that of relational autonomy and supported decision-making; this framework tries to enable people with dementia to make autonomous sexual decisions with support. The next approach is a framework of advance sexual consent, which considers the relevance of prior autonomous sexual decisions. The third framework focuses on prioritizing well-being above a person’s capacity to make autonomous decisions and to consent to sex. I assess each framework and consider their positive and negative nuances. The overall goal is to balance the right to sexuality while at the same time protecting people with dementia from undue harm. Ultimately, this dissertation shows that cases of sex and dementia ought to be managed on a case-by-case basis; one framework will not work for every context. In order to approach situations on a case-by-case basis, I contend that a process of weighing and balancing norms and principles is necessary. I use Beauchamp and Childress’s method of weighing and balancing to propose a systematic procedure. This process takes various factors into account in order to determine how to proceed in an ethically defensible manner. According to an approach of weighing and balancing, sexual acts would not be immediately barred based on a person’s inability to consent; rather, a person’s present convictions, the sexual activity to which they want to participate, the possibility of experiencing undue harm, their prior wishes and values, their capacity to make autonomous decisions with support, etc. would all be considered. Overall, this dissertation contributes to the complex topic of sex and dementia and offers a starting point for further discussion on how to approach these cases in practice. (shrink)

Between the end of the nineteenth century and the first twenty years of the twentieth century, stimulated by the impetuous development of logical studies and taking inspiration from Leibniz's idea of a characteristica universalis, the three founding fathers of the analytic tradition in philosophy, i.e., Frege, Russell, and Wittgenstein, started to talk of a logically perfect language, as opposed to natural languages, all feeling that the latter were inadequate to their (different) philosophical purposes. In the second half of the twentieth (...) century, however, the very idea of a logically perfect language ceased for various reasons to seem attractive to analytic philosophers. Thus, it might appear that this idea could be classified together with the many other bizarre ideas that from time to time surface in the history of philosophy-an idea that perhaps had a beneficial impact on the development of twentieth century logic, but which can now be put to rest. In this brief note, I contend that this conclusion may be too hasty. Indeed, if a well-known empirical hypothesis advanced in 1975 by Jerry Fodor turns out to be true, then there is a logically perfect language, after all. More precisely, I argue that, if it exists, Fodor's language of thought possesses the main characteristics a logically perfect language is required to have. (shrink)

Two fish are swimming in a pond. "Do you know what?" the fish asks his friend. "No, tell me." "I was talking to a frog the other day. And he told me that we are surrounded by water!" His friend looks at him with great scepticism: "Water? What's that? Show me some water!"This book is an attempt to stir up 'the water' the two fish are swimming in. It analyses the different theoretical approaches to international law and invites readers to (...) engage with legal thinking in order to familiarize ourselves with the water all around us, of which we hardly have any perception.International lawyers and students of international law often find themselves focused on the practice of the law rather than the underlying theory. The main aim of this book is to provide interested scholars, practitioners, graduate, and postgraduate students in international law and other disciplines with an introduction to various international legal theories, their genealogies, and critique. By providing an analytical approach to international legal theory, the book encourages readers to sharpen their sensitivity to these different methodologies and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. Theories of International Law is intended to assist students, scholars, and practitioners in reflecting more generally how knowledge is formed in the field. (shrink)

El propósito de este ensayo es contribuir al debate metodológico de la historia intelectual en favor de un enfoque transnacional. Para ello, presenta los enfoques de la circulación y traducción de las ideas sociales y políticas desde diferentes ángulos, desde los primeros planteamientos de la historiografía de principios del siglo XX, en particular la italiana, basados en la analogía con el comercio internacional para pensar los procesos de difusión e intercambio de ideas, hasta los aportes más recientes de la Escuela (...) de Cambridge y la Historia de los Conceptos, centrados en el potencial de la metáfora de la traducción para pensar la naturaleza productiva del proceso de traslación de las ideas entre diferentes contextos geográficos y temporales. (shrink)

Is a naturalistic account of reference possible? Here is a simple argument to the effect that it is not: Let R be the relation that allegedly naturalizes reference, and consider the predicate "being an object that does not stand in the relation R to this expression". Call this predicate "P". On the face of it, P is a counterexample to the alleged naturalization, since it appears to refer to all and only those objects that do not stand in the relation (...) R to it. Actually, an argument like this was advanced more than twenty years ago by the late Paolo Casalegno. Although for various reasons it has not been given due attention by the philosophical community, the argument is interesting in its structure and remarkable in its conclusion. In this paper I shall reconstruct it in detail and discuss it. Then, I shall show that the argument fails, since, contrary to what Casalegno claimed, under certain conditions P is paradoxical, hence not a referring expression. My rejection builds on the fundamental distinction between simple and compound expressions, namely on the compositional structure of natural languages. If I am right, whether any attempt at naturalizing reference that takes care of this distinction will succeed remains an open empirical question. (shrink)

Since 1976 Hilary Putnam has on many occasions proposed an argument, founded on some model-theoretic results, to the effect that any philosophical programme whose purpose is to naturalize semantics would fail to account for an important feature of every natural language, the determinacy of reference. Here, after having presented the argument, I will suggest that it does not work, because it simply assumes what it should prove, that is that we cannot extend the metatheory: Putnam appears to think that all (...) we may determinately say about the relations between words and entities in the world is what the model theory tells us, but he has never offered justifications for that. At the end of the article, I will discuss the apparently reliable intuition that seems to me to be at the root of the argument, that is that, given a formal theory, there is an infinite number of ways of connecting it to, or of projecting it onto, the world. I will suggest that we should resist this intuition, because it rests on a very doubtful notion of world, which assumes that for any class of objects there is a corresponding property. (shrink)

Everyone knows what David Lewis' possible worlds are, what role they play in his account of possibility and necessity, and Saul Kripke's criticisms. But what, instead, are Kripke's possible worlds, and what role do they play in his account of possibility and necessity? The answers are not so obvious. Recently, it has even been claimed that, contrary to what is standardly assumed, Kripke's approach to modality has not always been consistently metaphysical. In particular, an interpretation of the famous passage in (...) the preface to Naming and Necessity with Kripke's discussion of the dice example has been put forward, according to which he purports there to clarify the modal notions in terms of that of possible world, model-theoretically construed, in a way which is reminiscent of Carnap's. In this paper, I shall point out some internal difficulties of this interpretation, and offer a different one, according to which in the dice passage Kripke is trying, consistently with his metaphysical approach, to legitimize the technically useful notion of possible world starting from modal notions, to be accounted for in another way (arguably, in an essentialistic framework). My final goal, however, will be philosophical elucidation rather than mere exegesis. Indeed, I am interested in shedding some light on what possible worlds might possibly be, if something like Kripke's metaphysical approach is on the right track. (shrink)

volume I. Philosophical inquiries and general theoretical concerns -- volume II. The kaleidoscope of different international law theories.

Over the years, researchers have enriched the postulation that hedonic products generate deeper emotional reactions and feelings in the consumer than functional products. However, recent research empirically proves that hedonic products are more affect-rich only for some consumers segments or for specific consumption contexts. We argue that such inconsistency may derive from the nature of the emotions assessed, that is strictly dependent on their empirical measurement, and not from the mere existence of emotions themselves. Self-reported methods of evaluating consumer experience, (...) on which prior studies are grounded, only assess conscious emotions the consumer can recognize and report, but not unconscious feelings, happening without individual awareness. The present work takes this challenge by conducting a laboratory experiment in which subjects are exposed to both a utilitarian product and a hedonic product. Physiological measures have been adopted to investigate unconscious emotional responses and self-reported measures to assess conscious emotions toward the products. Specifically, physiological data regarding the subjects' cardiac activity, respiratory activity, electrodermal activity, and cerebral activity have been collected and complemented with a survey. Results confirm that both functional and hedonic products generate emotional responses in consumers. Further, findings show that when a consumer is exposed to a functional product, the physiological emotional responses are disassociated from the self-reported ones. A diverse pattern is depicted for hedonic products. We suggest an alternative explanation for the apparent lack of affect-rich experiences elicited by functional products and the need to re-consider emotional responses for these products. (shrink)

O objetivo deste artigo é apresentar as origens da crítica marxiana da política. Encontrando seu lugar entre os anos de 1842 e 1843 essa crítica nasce no interior de uma revisão da filosofia hegeliana e assume uma primeira forma como crítica filosófica da política. A crítica da política desenvolvida por Marx era, assim, rigorosamente, um empreendimento filosófico, mas de uma filosofia que assumia o mundo como seu objeto e se vertia para fora de si própria manifestando-se externamente como uma crítica (...) da sociedade da época e como uma negação da política existente. (shrink)

Respect for autonomy grounds common ethical judgments about why people should be allowed to make decisions for themselves. Under this assumption, it is concerning that a number of feminist conceptions of autonomy present challenges for people with intellectual disabilities. This paper explores some of the most philosophically influential feminist accounts of autonomy and demonstrates how these accounts exclude persons with intellectual disabilities. As a possible solution to these accounts, Laura Davy’s inclusive design approach is presented, which is a revised conception (...) of autonomy that accommodates intellectual disabilities. While Davy’s approach to autonomy views people with intellectual disabilities as autonomous, it encounters limitations in regard to sexual autonomy, which incorporates certain judgments that are intuitively at odds with her recommendations. The remainder of this paper describes some complexities of sexual autonomy and determines why these are problematic for Davy’s account. After analyzing some of the challenges that sexual autonomy presents, I suggest a potential modification for consideration. This modification will allow Davy’s account to address the topic of sexual autonomy for persons with intellectual disabilities. My proposal is a matter of theory following practice. (shrink)

Con Giordano Bruno asistimos a la recuperación de doctrinas neoplatónicas y herméticas que conducen a una comprensión animista y dinámica de la naturaleza, así como a una exaltación del hombre en tanto conoce y actúa sobre el mundo. En el contexto de un universo vivo y animado, Bruno necesita mediaciones en el espacio que hay entre, por un lado, la naturaleza finita del hombre y, por el otro, la divinidad infinita explicada en la naturaleza para fundamentar la teoría mágica de (...) sus obras latinas. Precisamente, la existencia de los demonios en los sistemas neoplatónicos viene a cumplir con este propósito. Sostenemos que existe una continuidad entre la doctrina demonológica que Bruno presenta en su obra latina y la metafísica y cosmología de sus diálogos italianos. Esta continuidad se verifica en la presencia de dos categorías filosóficas importantes del pensamiento bruniano presente en la demonología del De magia naturali : imaginación y vínculos. Así pues, en primer lugar, indagaremos la recepción de la doctrina neoplatónica en la demonología de los siglos XV y XVI, a partir de la cual Bruno desarrolla el marco teórico y filosófico de su doctrina demonológica. En segundo lugar, estudiaremos la naturaleza y función de los demonios en el De magia naturali y su relación con la imaginación y los vínculos en la filosofía del Nolano. (shrink)

This article is a theoretical enquiry about the death of the Brazilian citizen Jean Charles de Menezes, shot in London at Stockwell tube station on 22 July 2005 by unknown specialist firearms' officers. The previous day some stations of the Tube were struck by failed bombing attacks. The police were chasing four suspects. Some hours after the murder, de Menezes was discovered to be innocent and not involved in the terrorist act.