This article proposes an innovative methodology for enhancing the technical validation, legal alignment and interdisciplinarity of attempts to encode legislation. In the context of an experiment that examines how different legally trained participants convert select provisions of the Australian Copyright Act 1968 (Cth) into machine-executable code, we find that a combination of manual and automated methods for coding validation, which focus on formal adherence to programming languages and conventions, can significantly increase the similarity of encoded rules between coders. Participants nonetheless (...) encountered various interpretive difficulties, including syntactic ambiguity, and intra- and intertextuality, which necessitated legal evaluation, as distinct from and in addition to coding validation. Many of these difficulties can be resolved through what we call a process of ‘legal alignment’ that aims to enhance the congruence between encoded provisions and the true meaning of a statute as determined by the courts. However, some difficulties cannot be overcome in advance, such as factual indeterminacy. Given the inherently interdisciplinary nature of encoding legislation, we argue that it is desirable for ‘rules as code’ (‘RaC’) initiatives to have, at a minimum, legal subject matter, statutory interpretation and technical programming expertise. Overall, we contend that technical validation, legal alignment and interdisciplinary teamwork are integral to the success of attempts to encode legislation. While legal alignment processes will vary depending on jurisdictionally-specific principles and practices of statutory interpretation, the technical and interdisciplinary components of our methodology are transferable across regulatory contexts, bodies of law and Commonwealth and other jurisdictions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Introduction to the Symposium on Daniel Groll's Conceiving PeopleAlice MacLachlan (bio)The ethics of donor conception is often framed as a straightforward clash of rights: the right of would-be parents to procreate and parent, the right of donor-conceived children to know and be raised by their genetic parents, and the right of gamete (sperm and egg) donors to privacy. But in this thoughtful, wide-ranging discussion of Daniel Groll's book Conceiving (...) People: Genetic Knowledge and the Ethics of Sperm and Egg Donation (2021), the ethical terrain is revealed to be far richer and more intricate. As contributor Camisha Russell puts it, the book attends to "the types of relationships that foster the emotional health of families" while remaining grounded in "the experiences and desires articulated by donor-conceived people themselves" as well as those who contribute to their creation and to their family. As a result, the pieces in this symposium not only take up crucial questions of genetics, identity, and bionormativity, they also ask what it means to frame family relationships as a philosophical problem—conceptual, ethical, and, ultimately, political.Groll's central claim is that those who intend to create a child using donated gametes should choose a donor whose identity will be available to the resulting child. This is not because, as David Velleman (2005) and others have argued, knowledge of one's genetic parentage is fundamentally important in some objective sense. Rather, Groll argues that whether such knowledge is actually important, donor-conceived children are likely to come to view it as crucial—developing what Groll calls a "significant interest" in knowing their donor's identity. Further, parents ought to help satisfy their children's significant interest assuming it is not morally problematic. This line of argument places Groll squarely in the realm of what feminists and anti-racist philosophers describe as "theorizing the non-ideal" (Tessman 2009); that is, making philosophical arguments that take as their starting point the world as it is, including the realities of social injustice. Following Charlotte Witt, Sally Haslanger, and other feminists, Groll acknowledges the dominance of the "bionormative conception of the family" (Witt 2014). He considers whether interest in knowing one's genetic parentage might express bionormative prejudice but concludes that, even if it does, [End Page 163] "interest in genetic knowledge can—in our world—be rationally grounded apart from the oppressive schema it is embedded in" (Groll 2021, 149). He further concludes that given a prospective child's likely significant interest in their genetic parentage, would-be parents ought to use an open (i.e., non-anonymous) donor. At the same time, he argues that there are good reasons to disrupt the bionormative schema on both a personal and policy level that may lead to a child's significant interest in the first place.If Groll walks the middle ground in this debate, his critics in this symposium are happy to turn his stroll into a balancing act. Both Reuven Brandt and Amanda Roth challenge Groll's significant interest approach. Brandt questions the extent to which parents owe children a truthful, detailed accounting of their origin, making the case for parental privacy. Roth questions whether the interest in genetic knowledge is rationally grounded beyond bionormative prejudice, offering as a counterexample the offspring of same-sex parents, raised in queer communities of largely nontraditional family configurations. Bradford Skow pushes from the opposite direction, challenging both the claim that bionormative prejudice is at work in the interest in genetic knowledge and, more broadly, that the so-called bionormative conception of the family has the prestige that Groll and others attribute to it in the first place.Also, Amanda Roth and Camisha Russell pressure Groll to go further in considering the nonideal circumstances in which families are formed and theorized. They specify that questions of family configuration and validity are not only conceptual and ethical, they are political. Roth challenges Groll to further consider the example of same-sex and other LGBTQ+ families as disruptive exemplars and recognize that there may be reasons to choose anonymous donation that he has not considered. She highlights the value of solidarity across families and resistance to the forces... (shrink)

Aristotle's defense of Dunamis -- Power and potentiality -- Rational and nonrational powers -- The priority of actuality -- Ontological hierarchy, normativity, and gender.

A crisis looms over the scientific enterprise. Not a day passes without news of retractions, failed replications, fraudulent peer reviews, or misinformed science-based policies. The social implications are enormous, yet this crisis has remained largely uncharted-until now. In Science on the Verge, luminaries in the field of post-normal science and scientific governance focus attention on worrying fault-lines in the use of science for policymaking, and the dramatic crisis within science itself. This provocative new volume in The Rightful Place of Science (...) also explores the concepts that need to be unlearned, and the skills that must be relearned and enhanced, if we are to restore the legitimacy and integrity of science. (shrink)

According to the received view in the literature on homonymy and polysemy representation, there is a difference between how polysemes and homonyms are represented in our mental lexicons. More concretely, the received view holds that whereas the meanings associated with a homonymous expression are (mentally) represented in separate lexical entries, the meanings associated with a polysemous expression are represented together in a single lexical entry. It is usually argued that this is the picture that is supported by the growing body (...) of empirical evidence coming from psycholinguistics. Empirical studies of ambiguity processing and resolution consistently show that polysemous expressions enjoy various processing advantages compared to homonyms, and the received view is generally taken to be required in order to explain these results. The aim of this paper is not only to show that this is not the case but also, and more fundamentally, that the received view falls far short of explaining the available data to a sufficient degree. As a result, the received view is caught up in an explanatory dilemma that I dub the Continuum Puzzle. I then claim that the best way to escape this puzzle is to give up the received view’s core thesis in favor of an alternative view consistent with the empirical evidence. Reaching such an alternative will require rejecting the following pervasive but ill-motivated assumption: Differences in ambiguity processing and resolution can only be explained by there being some corresponding differences in the architecture of our mental lexicons. (shrink)

It is widely held that every person is a person essentially, where being a person is having special mental properties such as intelligence and self-consciousness. It follows that nothing can acquire or lose these properties. The paper argues that this rules out all familiar psychological-continuity views of personal identity over time. It also faces grave difficulties in accounting for the mental powers of human beings who are not intelligent and self-conscious, such as foetuses and those with dementia.

The paper explores whether the method of reflective equilibrium (RE) in ethics and political philosophy should be individual or public in character. I defend a modestly public conception of RE, in which public opinion is used specifically as a source of considered judgments about cases. Public opinion is superior to philosophical opinion in delivering judgments that are untainted by principled commitments. A case-based approach also mitigates the methodological problems that commonly confront efforts to integrate philosophy with the investigation of popular (...) attitudes. This conception of RE is situated in relation to alternative accounts, including those of Daniels, Rawls, and Wolff and de-Shalit. (shrink)

This piece continues an exchange between David Beaver and Jason Stanley, on the one hand, and Alice Crary, on the other, to which Beaver’s and Stanley’s “Neutrality” (immediately above) is a contribution. All three authors agree that the critique of ideology, propaganda, and oppressive structures should not be conceived as eliminating socially-situated perspectives and subjectively-mediated sensibilities from an allegedly neutral discursive space. Their exchange began with Crary’s 2018 article, “The Methodological as Political: What’s the Matter with ‘Analytic Feminism’?” which (...) attacks appeals to neutrality, including one Crary finds in Stanley’s 2015 book, How Propaganda Works, for obscuring a pivotal methodological insight of radical feminist thought, namely, that feminism’s political radicalism is complemented by a “methodological radicalism that involves making use of the practical power of ethically non-neutral resources, conceived as in themselves cognitively authoritative” (Crary 2018: 47). This new reply argues that Beaver’s and Stanley’s practice-based image of language, while at first seemingly aligned with this rejection of neutrality as an ideal for political discourse, fails to fully respond to her original complaint. The ideal of neutrality is problematic, not only in masking social location, but in wrongly impugning as ‘non-cognitive’ or ‘irrational’ critical resources drawn from socially-situated perspectives—the sorts of perspectives to which notable strands of feminist theory give voice precisely for their cognitive value. The current piece claims that to address this further danger it is necessary to go beyond Beaver’s and Stanley’s study of meaning and critically examine engrained philosophical assumptions about how to construe logical notions such as objectivity and truth. It closes by suggesting that, within philosophy of language broadly conceived, the tradition of ordinary language philosophy provides a more promising source of resources and illumination for struggles to make gender-based and overlapping forms of structural bias socially visible. (shrink)

The question of forgiveness in politics has attained a certain cachet. Indeed, in the fifty years since Arendt commented on the notable absence of forgiveness in the political tradition, a vast and multidisciplinary literature on the politics of apology, reparation, and reconciliation has emerged. To a novice scouring the relevant literatures, it might appear that the only discordant note in this new veritable symphony of writings on political forgiveness has been sounded by philosophers. There is a more-than-healthy cynicism directed at (...) what many philosophers see as an uncritical promotion of forgiveness, which – they fear – risks distorting and cheapening forgiveness as a moral ideal, on the one hand, and ignoring the moral and political values of justice, accountability and the cessation of harmful relationships, on the other. Are philosophical fears about the dangers of thinking about forgiveness in political terms warranted – or do they perhaps depend in part on conceptual conservatism regarding what exactly political forgiveness might be? I argue that most, if not all, standard objections to political forgiveness emerge from theoretical reliance on a picture of forgiveness I will call the Emotional Model. Once we make conceptual space for descriptions of forgiveness in performative and social terms, the concept is more easily adapted to a political account without at least some of the risks feared by philosophers. (shrink)

Philosopher Ludwig Wittgenstein had an enormous influence on twentieth-century philosophy even though only one of his works, the famous Tractatus Logico-Philosophicus, was published in his lifetime. Beyond this publication the impact of his thought was mainly conveyed to a small circle of students through his lectures at Cambridge University. Fortunately, many of his ideas have survived in both the dictations that were subsequently published, and the notes taken by his students, among them Alice Ambrose and the late Margaret Macdonald, (...) from 1932 to 1935. These notes, now edited by Professor Ambrose, are here published, and they shed much light on Wittgenstein's philosophical development. Among the topics considered are the meaning of a word and its relation to common usage, rules of grammar and their relation to fact, the grammar of first person statements, language games, and the nature of philosophy. This volume is indispensable to any serious discussion of Wittgenstein's work. (shrink)

"Eros" bezeichnet zuerst ein von fast allen Menschen mehr oder weniger glücklich erfahrenes Phänomen namens Verliebtheit oder sexuelles Begehren. Es gibt aber auch einen höchst einflussreichen Begriff des Eros.

Wider possibilities for moral thought -- Objectivity revisited: a lesson from the work of J.L. Austin -- Ethics, inheriting from Wittgenstein -- Moral thought beyond moral judgment: the case of literature -- Reclaiming moral judgment: the case of feminist thought -- Moralism as a central moral problem.

This text offers major re-evaluation of Wittgenstein's thinking. It is a collection of essays that presents a significantly different portrait of Wittgenstein. The essays clarify Wittgenstein's modes of philosophical criticism and shed light on the relation between his thought and different philosophical traditions and areas of human concern. With essays by Stanley Cavell, James Conant, Cora Diamond, Peter Winch and Hilary Putnam, we see the emergence of a new way of understanding Wittgenstein's thought. This is a controversial collection, with essays (...) by highly regarded Wittgenstein scholars that may change the way we look at Wittgenstein's body of work. (shrink)

Charlotte Witt extracts from this text a coherent and provocative view about sensible substance by focusing on Aristotle's account of form or essence.

In Self-Identity and Powerlessness , Alice Kouobová proposes a conception of human existence that does not essentially depend on the definition of self-identity. She does this by reinterpreting Heidegger’s fundamental ontology and that of other authors.

Nasir-i Khusraw is a major literary figure in medieval Persian culture. He was a Muslim philosopher, poet, travel writer, and Ismaili da'i who lived a thousand years ago in the lands known today as Afghanistan, Iran, and Tajikistan. Although known in the West mainly for his Safarnama, or travelogue, which describes his seven-year journey from Khurasan, in the eastern Islamic lands, to Cairo, the city of the Fatimid imam-caliphs, his poetry and ideas are less familiar. Yet, over the centuries, Persian-speaking (...) lands have consistently ranked him as one of the finest poets of all time. But today, even among those who know Nasir-i Khusraw's poetry, few understand the philosophical and Ismaili concepts the poet expounds. And while mystical and epic genres of Persian poetry are memorized and studied, the genre of philosophical poetry in Persian remains basically unexplored. This collection of studies seeks to redress the balance. Originally presented at a conference at the School of Oriental and African Studies (SOAS), University of London in 2005 to commemorate the millenary of Nasir-i Khusraw's birth, the papers published here examine his poetry both for philosophical meaning and poetic method. They address a variety of topics, ranging from metaphysics, cosmology, and ontology to prophecy, as well as rhythm and structure, and analysis of individual poems and authorship. (shrink)

Images of nature abound in the practice of international environmental law but their significance in law is unclear. Drawing on visual jurisprudence, and interpretative methods for visual art, this book analyses photographs for their representations of nature's aesthetic value in treaty processes that concern world heritage, whales and biodiversity. It argues that visual images should be embraced in the prosaic practice of international law, particularly for treaties that demand judgements of nature's aesthetic value. This environmental value is in practice conflated (...) with natural beauty, ethical and cultural values, and displaced by economic and scientific values. Interpretations of visual images can serve instead to critique and conceive sensory, imaginative and emotional appreciations of nature from different cultural perspectives as proposed by philosophers of environmental aesthetics. Addressing questions of value and the visual, this landmark book shows how images can be engaged by nations to better protect the environment under international law. (shrink)

As obstetric medicine has become more sophisticated, so Caesarean section (CS) has become safer. It is now seen as equally safe or, in some circumstances, safer than vaginal birth. Under the new National Institute for Clinical Excellence (NICE) guidelines on CS that were published in November 2011, requests for CS are to be given more weight. Women requesting CS can no longer be seen as compromising their control over birth. Rather, they are merely exercising their power, with the new guidelines (...) offering them an increasing role in the decision-making process regarding how they give birth. However, these new guidelines also present new problems, bringing the rights of patients and obstetricians into conflict. In order to mediate these tensions, a virtue-based approach to obstetric ethics is needed as a supplement to the rule- and right-based guidance provided by NICE. (shrink)

Typically, the imagination in thought experiments has been taken to consist in mental images; we visualize the state of affairs described. A recent alternative from Fiora Salis and Roman Frigg main...

Is there a role for aesthetic judgements in science? One aspect of scientific practice, the use of thought experiments, has a clear aesthetic dimension. Thought experiments are creatively produced artefacts that are designed to engage the imagination. Comparisons have been made between scientific (and philosophical) thought experiments and other aesthetically appreciated objects. In particular, thought experiments are said to share qualities with literary fiction as they invite us to imagine a fictional scenario and often have a narrative form (Elgin 2014). (...) But philosophical discussions of aesthetics in science have focused mainly on the epistemic role of beauty and elegance when it comes to theories and mathematical proofs, and thought experiments have been widely overlooked. My aim in this chapter is to address how the aesthetic choices scientists make in the design of a thought experiment contribute to its function: to communicate, convince, or explain a theory or phenomenon. A key issue is whether any aesthetic features in science provide anything beyond catching our attention, or are at best, a mere heuristic aid. I respond to accounts that argue this way and show how formulation is important in scientific thought experiments and, similarly to literary fictions, there is more than one way of interpreting a thought experiment scenario. I end by considering which literary examples are most appropriate when making comparisons with thought experiments. As a result, the difference between representations in art and science raised in current discussions is not as stark as it has been made out to be, and science is a more heterogeneous practice than has been allowed. Part of the value of thought experiments in scientific practice includes the qualities they share with literary works. (shrink)

Romanis and Adkins discuss pregnancy loss in relation to artificial amnion and placenta technology (AAPT) for treatment of extremely preterm infants.1 I agree with the authors that AAPT, although it is expected to provide better care for extremely preterm infants, will also be challenging for parents. I, therefore, commend Romanis and Adkins for promoting a more holistic care that includes parents and pregnant persons. However, I believe that they create two false dichotomies, one between the pregnant person/parent and the fetus/child (...) and one between current neonatal intensive care unit (NICU) and AAPT that hinder holistic care. Romanis and Adkins correctly point out that much of the discourse and care surrounding preterm deliveries focuses mainly on the infant. I agree with Romanis and Adkins that true holistic care should also include the parents rather than focusing exclusively on the child. However, the language they use to petition for more inclusive care can be problematic and counteractive to achieve holistic care. The problem is that they accuse any fetal/child consideration of being fetal-centric and, in the same breath, they state that it is something to be challenged. This attitude is problematic as it feeds into the rhetoric of the maternal–fetal conflict. This is a common rhetoric in reproductive and neonatal care used mainly in situations …. (shrink)

Those who wish to defend the role of aesthetic values in science face a dilemma: Either aesthetic language is used metaphorically for what are ultimately epistemic features, or aesthetic language is used literally but it is difficult to see the importance of such values in science. I introduce a new account that gets around this problem by looking to an overlooked source of aesthetic value in science: the relation between form and content. I argue that a fit between the content (...) of a thought experiment, and the way in which that content is formulated, can have important epistemic pay offs through contributing to scientific understanding. (shrink)

Lakoff (1993) argued that basic level conceptual metaphors are grounded in human experience, and are therefore likely to be found widely across different languages and cultures. However, other mappings may not be shared. It is well documented that many metaphorical expressions vary across languages, and a number of researchers have argued cultural motivations for this. Possible reasons for cross-linguistic differences in metaphor are that different cultures hold different attitudes to metaphor vehicles, or that the source domain entities and events are (...) more salient in one culture than another. However, the corpus data discussed here suggest that rather than being a synchronic reflection of culture, metaphorical expressions are to some extent a cultural reliquary, and an incomplete one. (shrink)

The long-awaited follow-up to Koller's bestselling chronicle of self-discovery An Unknown Woman outlines how Koller has used her personal philosophy to meet the challenges of everyday life and invites readers to make their own commitment to honest living. Topics include earning money, finding a home, mourning, and feeling good about living alone as well as with others.

Although the principle of fair subject selection is a widely recognized requirement of ethical clinical research, it often yields conflicting imperatives, thus raising major ethical dilemmas regarding participant selection. In this paper, we diagnose the source of this problem, arguing that the principle of fair subject selection is best understood as a bundle of four distinct sub-principles, each with normative force and each yielding distinct imperatives: (1) fair inclusion; (2) fair burden sharing; (3) fair opportunity; and (4) fair distribution of (...) third-party risks. We first map out these distinct sub-principles, and then identify the ways in which they yield conflicting imperatives for the design of inclusion and exclusion criteria, and the recruitment of participants. We then offer guidance for how decision makers should navigate these conflicting imperatives to ensure that participants are selected fairly. (shrink)

While the influence of emotion on individuals'' ethical decisions has been identified by numerous researchers, little is known about how emotions influence individuals'' ethical decision process. Thus, it is not clear whether different emotions promote and/or discourage ethical decision-making in the workplace. To address this gap, this paper develops a model that illustrates how emotion affects the components of individuals'' ethical decision-making process. The model is developed by integrating research findings that consider the two dimensions of emotion, arousal and feeling (...) state, into an applied cognitive-developmental perspective on the process of ethical decision-making. The model demonstrates that certain emotional states influence the individual''s propensity to identify ethical dilemmas, facilitate the formation of the individual''s prescriptive judgments at sophisticated levels of moral development, lead to ethical decision choices that are consistent with the individual''s prescriptive judgements, and promote the individual''s compliance with his or her ethical decision choices. In particular, the model suggests that individuals experiencing arousal and positive affect resolve ethical dilemmas in a manner consistent with more sophisticated cognitive moral structures. Implications for theory and practice are discussed. (shrink)

Feminist work in the history of philosophy has come of age as an innovative field in the history of philosophy. This volume marks that accomplishment with original essays by leading feminist scholars who ask basic questions: What is distinctive of feminist work in the history of philosophy? Is there a method that is distinctive of feminist historical work? How can women philosophers be meaningfully included in the history of the discipline? Who counts as a philosopher? This collection is a unique (...) collaboration among philosophers from North America and the Nordic Countries, including papers written from both analytic and continental philosophical perspectives and discussing both ancient and modern philosophers. Feminist Reflections on the History of Philosophy will be of interest to historians of philosophy, feminist theorists, women's studies faculty and students, and humanists interested in canon formation and transformation. (shrink)