This Article explores the relationship between the legitimacy of international courts and expansive judicial lawmaking. We compare lawmaking by three regional integration courts - the Court of Justice of the European Union, the Andean Tribunal of Justice, and the ECOWAS Community Court of Justice. These courts have similar jurisdictional grants and access rules, yet each has behaved in a strikingly different way when faced with opportunities to engage in expansive judicial lawmaking. The CJEU is the most activist, but its audacious (...) legal doctrines have been assimilated as part of the court’s legitimate authority. The ATJ and ECOWAS have been more cautious, but there is little to suggest that this caution has enhanced the legitimacy of either court. The ATJ has avoided serious challenges from governments, but its rulings have had little political impact. Conversely, the ECCJ’s circumspection has not shielded it from political opposition to its adjudication of clearly-established human rights. This pattern is at odds with the oft-voiced conventional wisdom that expansive judicial lawmaking undermines judicial legitimacy. Our modest goal in this Article is to problematize that claim and to posit an alternative hypothesis - that ICs spark legitimacy challenges due to the domestic political effects of their decisions, regardless of whether those decisions are expansionist. (shrink)

‘Free action’ is subject to the causal theory of reference and thus that The essential nature of free actions can be discovered only by empirical investigation, not by conceptual analysis. Heller ’s proposal, if true, would have significant philosophical implications. Consider the enduring issue we will call the Compatibility Issue : whether the thesis of determinism is logically compatible with the claim that.

Cyberspace, a term popularized in the 1984 novel Neuromancer, was used by William Gibson to describe the ‘consensual hallucination’ and interstitial online world that lies between the reality of our world and that of the surreal terrain of dreamscapes. While many attempts have been made to describe this intangible, yet seemingly perceptible space, the digital domain as a metaphor mirrors in many ways our own inadequate understanding of consciousness. Conversely, the physicist Michio Kaku explains that our reality is bounded by (...) hyperspace – a multi-dimensioned space beyond our quotidian 3D existence that runs parallel, or tangential, to us along with the phenomenon of time. Indeed, if space and time (here considered as space–time) are a consolidated whole in the physical sense, perhaps our consciousness, as a structure manifest within this continuum may itself be thought of as a sensorial projection of this amalgam that attempts to observe and make sense, or meaning, of this condition. In truth, what if our need and delight in storytelling is driven by the evolution of our biology, as well as our impulse to locate our place in the universe? This article will attempt to examine and delimit the narrative confines of space–time as an appeal to, and an endeavour at, uncovering the alterity of storytelling as a function of consciousness. It will visit the realms of the holograph, quantum mechanics, virtual and augmented realities, as well as other scientific and philosophical tracts as a means to investigate and explore the physiology of space and our imperative desire to share stories. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the (...) class='Hi'>laws of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. I (...) will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. I (...) will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

This volume celebrates the career of John Martin Fischer, whose work on a wide range of topics over the past forty years has been transformative and inspirational. Fischer's semicompatibilist view of free will and moral responsibility is perhaps the most widely discussed view of its kind, and his emphasis on the significance of reasons-responsiveness as the capacity that underlies moral accountability has been widely influential. Aside from free will and moral responsibility, Fischer is also well-known for his work on freedom (...) and foreknowledge, the problem of evil, the badness of death, the meaning of life, and the allure of immortality. This volume gathers new essays by leading scholars on some of the major themes of Fischer's work, and it also includes a new piece by Fischer in which he offers a systematic reflection on and defense of the motivations that have shaped his theorizing about moral responsibility. Freedom, Responsibility, and Value will be of interest to scholars and students working on a variety of issues in metaphysics, ethics, and philosophy of religion. (shrink)

In this review article I critically discuss Hudson's claims that (i) Kant is a Davidsonian anomalous monist avant la lettre and that (ii) Kant's approach provides the resources for undermining van Inwagen's consequence argument. While I disagree with regard to (i) in the face of Kant's causality thesis about reason as something non-physical, I agree with regard to (ii). The attack on van Inwagen, however, only works because Kant, in his account of the regulative use of reason, draws on doctrines (...) pertaining to philosophical theology. (shrink)

In this paper, I show that Kant’s solution to the third antinomy is a reply sui generis to the consequence argument. If sound, the consequence argument yields that we are not morally responsible for our actions because our actions are not up to us. After expounding the modal version of the consequence argument advanced by Peter van Inwagen, I show that Kant accepts a key inference rule of the argument as well as a requirement of alternate possibilities for moral blame. (...) Kant must therefore reject one of the premises of the consequence argument to be able to deny its conclusion. Whereas Kantian altered-past compatibilism denies the premise of the consequence argument which states the fixity of the past, Kantian altered-law compatibilism denies the premise that states the fixity of the laws of nature. My analysis shows that Kantian altered-past and altered-law compatibilism are logically consistent, yet it also reveals that they depend on strong metaphysical premises. It must be investigated whether these premises withstand textual scrutiny and whether they are credible in their own right. By way of conclusion, I draw the outlines of this investigation. (shrink)

Traditional compatibilism is the view that free will is compatible with determinism. Humean-law compatibilism (a.k.a. weak-law compatibilism), is the view that free will is compatible with determinism, where determinism is defined in terms of a broadly Humean view of the laws of nature. A growing number of philosophers hold that Humean-law compatibilists are targeted by and have special resources to resist arguments for traditional incompatibilism, including the Consequence Argument (cf. Beebee and Mele 2002, Perry 2004, Hetherington (...) 2006, Berofsky 2012, Mele 2013). In this paper, I argue that Humean-law compatibilism is not a proper target of the Consequence Argument and that Humean-law compatibilists have no unique resources to show that the Consequence Argument is unsound. Moreover, I attribute the rise of the paradoxical notion of Humean determinism, upon which Humean compatibilism is based, to Peter van Inwagen’s failed attempt to capture the traditional metaphysical doctrine of determinism (as he himself characterizes it) in the impoverished language of symbolic logic. -/- For the most recent version of this manuscript, plz gmail me: kristin.mickelson.42. (shrink)

In this paper, I shall try to elucidate the relationship between nature and providence with regard to the function of guaranteeing perpetual peace in Kant's 1795 essay, an issue which, presumably for the very reason of providence being granted some role in the first place, has led to noticeable unease in Kant scholarship. Providence simply does not seem to fit in well into Kant’s philosophical account of history given the emphasis he puts on the notion of human freedom. The main (...) idea grounding my approach is that the notion of providence is not only not a threat to human freedom, but perhaps the most important ingredient in Kant’s solution of the compatibility problem with regard to human freedom and natural causal determinism. This solution of the compatibility problem, as I have argued elsewhere, must be understood along the lines of a so-called “altered law-compatibilism” which makes the special laws of nature dependent on human freedom. The role of providence then is to elucidate or explicate how such a dependency is possible. Moreover, Kant’s own definition of “providence”, which he develops as an alternative to Baumgarten’s, provides the resources of identifying it – in a sense to be qualified below – with nature and hence provides the means for solving a long-standing riddle in Kant’s account. Of course, the compatibility problem does not take centre stage in the guarantor section in any way. Rather, what Kant is doing there can best be understood as presupposing and being closely related to his compatibility argument: He can be read as spelling out the dependency of laws on nature with regard to the course of history. (shrink)

Humean compatibilism combines a Humean conception of laws of nature with a strong dual-ability condition for free will that requires that agents possess the ability to decide differently when they make a free decision. On the Humean view of laws of nature, laws of nature are taken to be contingent non-governing descriptions of significant regularities that obtain in the entire history of the universe. On Humean compatibilism, agents are taken to possess dual ability when making (...) free decisions because what the laws of nature will finally be is (at least partially) dependent upon how an agent decides. In this paper, I argue that the tenability of Humean compatibilism depends in part upon what theory of time is correct. More specifically, I argue that Humean compatibilism is untenable in a deterministic universe if eternalism is true. (shrink)

Humean compatibilism is the combination of a Humean position on laws of nature and the thesis that free will is compatible with determinism. This article's aim is to situate Humean compatibilism in the current debate among libertarians, traditional compatibilists, and semicompatibilists about free will. We argue that a Humean about laws can hold that there is a sense in which the laws of nature are 'up to us' and hence that the leading style of argument (...) for incompatibilism?the consequence argument?has a false premiss. We also display some striking similarities between Humean compatibilism and libertarianism, an incompatibilist view. For example, standard libertarians face a problem about luck, and we show that Humean compatibilists face a very similar problem. (shrink)

Natural compatibilists say that moral responsibility is compatible with natural (or causal) determinism, where natural events and laws of nature determine everything that happens. Theological compatibilists say that moral responsibility is compatible with theological determinism, where God (rather than natural events/laws) determines everything that happens. Some philosophers accept natural compatibilism but reject theological compatibilism, and, in this chapter, I argue that this combination of views is untenable I start with a discussion of why someone might be (...) attracted to this combination of views in the first place, which includes a discussion of the manipulation argument against compatibilism. Some natural compatibilists endorse “soft-line” responses to this argument—responses which imply theological incompatibilism. I argue that such “soft-line” approaches cannot succeed, and along the way I argue that their failure undermines Jason Turner’s recent compatibilist free will defense (in response to the problem of evil). I wrap up by considering some implications of my conclusion that natural compatibilists should be theological compatibilists, including whether my conclusion highlights the “cost” of compatibilism, as proponents of manipulation arguments sometimes allege, and also whether anything follows with regard to God’s standing to blame determined human agents. (shrink)

Michael Moore’s recent book Mechanical Choices: The Responsibility of the Human Machine is full of rich, insightful discussion of many important issues related to free will and moral responsibility. I will focus on one particular issue raised by Moore: the question of whether we can have control over the past. Moore defends a compatibilist account of moral responsibility on which there are some possible cases in which agents do have such control. But Moore seeks to avoid positing too much control (...) over the past. I will argue that Moore’s attempt is not successful. Furthermore, I will try to show that compatibilists in general face a serious challenge regarding control over the past. In sections 1 and 2 I will explore Moore’s views. In section 3 and 4 I will offer a general argument against compatibilism about moral responsibility and determinism. (shrink)

Philosophical compatibilism reconciles moral responsibility with determinism, and some neurolaw scholars think that it can also reconcile legal views about responsibility with scientific findings about the neurophysiological basis of human action. Although I too am a compatibilist, this paper argues that philosophical compatibilism cannot be transplanted “as-is” from philosophy into law. Rather, before compatibilism can be re-deployed, it must first be modified to take account of differences between legal and moral responsibility, and between a scientific and a (...) deterministic world view, and to address a range of conceptual, normative, empirical and doctrinal problems that orbit its capacitarian core. (shrink)

Lately, the attitude of philosophers generally toward the free will issue has taken what I regard as an inauspicious turn. Where the predominant opinion had been that determinism and freedom were at harmony with one another, today it is incompatibilism which seems to prevail, and new voices raised in defense of libertarianism now offer their promise that problems once thought prohibitive to an acceptance of contra-causal freedom might be surmounted. I shall attempt to show that this recent rejection of (...) class='Hi'>compatibilism in fact rests on a mistake, and I shall suggest the outline of a solution to the free will issue which reconciles determinism and freedom.We shall say that an event is nomologically necessary if and only if given a specified set of conditions and the actually existing laws of nature, the statement of that event could in principle be deduced as the conclusion of a valid deductive argument having the statement of initial conditions and the statement of the relevant law as premises. (shrink)

Free agency and moral responsibility are incompatible with causal determinism because causal determinism, properly understood, entails that originating conditions beyond the agent's control ultimately compel all human choices and actions. If causal determinism is true, then causal antecedents and laws of nature nomologically necessitate all deliberation, choice and action. If conditions beyond the agent's control ultimately compel the agent's behaviors, then the agent is not free and is not morally responsible. Compatibilists claim that externally compelled acts are not free, (...) but fail to recognize that causally determined acts are, ultimately, externally compelled. (shrink)

Causal Determinism (CD) entails that all of a person’s choices and actions are nomically related to events in the distant past, the approximate, but lawful, consequences of those occurrences. Assuming that history cannot be undone nor those (natural) relations altered, that whatever results from what is inescapable is itself inescapable, and the contrariety of inevitability and freedom, it follows that we are completely devoid of liberty: our choices are not freely made; our actions are not freely performed. Instead of (...) disputing the soundness of this reasoning, some philosophers prefer to maintain that we could yet have a small measure of freedom were CD true of our world: although being unable to choose or act differently, one could at least under normal circumstances truly claim to be acting ‘on one’s own’, beyond the control of ‘outside forces’, in a word, autonomous. They further argue that being free in this sense suffices for moral responsibility. Call their philosophy ‘Autonomy Compatibilism’ (AC). -/- In adopting here reactive attitudes towards an agent, one is choosing to highlight the fact that the individual in question is of sound mind, reasoning and acting free from the interference of others. These facts alone, the adherent of AC claims, justify his stance, despite the necessity of the agent’s choices. Why would we not regard a sane individual who is not being coerced, intimidated, deceived or unduly put upon as in charge of his life so as to be responsible for his activities? -/- The Manipulation Argument (MA) is supposed to cut off this line of retreat. Its authors hold that, were CD true of our world, we would be no more autonomous than a victim of “covert, non-constraining control” (CNC): manipulation whereby one person causes another, through the use of methods such as brainwashing or circumspect operant conditioning, to ‘do his bidding’ without the latter being aware of his subjugation or feeling in any way coerced. Since a CNC victim obviously lacks autonomy, then so must “persons” living in a deterministic universe. Defenders of AC have, then, the following argument with which to contend: -/- 1. Victims of CNC (obviously) lack autonomy. 2. Thus, AC would be true only if some definition of autonomy succeeds in specifying a freedom relevant difference between victims of CNC and agents whose choices/actions are necessary consequences of prior events. 3. There could be no such definition. 4. Therefore, AC must be false. -/- The challenge issued here is clear: find a way to refute the claim that being subject to natural laws would be tantamount to being a victim of CNC, to show that Nature is no manipulator. Moreover, this challenge cannot be met by responding with a Frankfurt case: a situation in which things have been surreptitiously arranged so that an agent is unable to avoid doing something that he manages to do ‘on his own’, thus, being autonomous despite his inability to act otherwise. For, even if CD is not inconsistent with autonomy because it eliminates the ability to do otherwise per se, it may yet entail that no human agent ever does act of his own accord, an implication of which would be a lack of alternatives on anyone’s part. In other words, the fact that causally determined beings could never act differently than they do does is perhaps only symptomatic of the reason why such beings would lack autonomy: forces beyond their control would have dominion over their psychological development. Thus, AC advocates must show that the way that an agent’s character would be shaped, were she (merely) subject to natural laws, would leave unimpaired an ability that CNC would destroy. What follows is a definition of this ability, which I also use to solve the Problem of Freedom and Foreknowledge. (shrink)

J. Christopher Maloney argues that free will is compatible with necessary laws of science and immutable history. For free will emerges from an akratic will that asymptotically approaches the ability to choose to act otherwise than it willfully does.

I begin this study with a review of the 18th-century figures, Leibniz, Wolff, Crusius, Hume and the pre-critical Kant concerning causation, free will and compatibilism. This review provides the background for an investigation into and a reconstruction of Kant's thesis of the compatibility of causal determinism and human freedom. I formulate Kant's argument for causal determinism and present his defense of that argument, devoting an extended discussion to the recent literature regarding its key premise, the Law of Universal Causation. (...) Then I identify and analyze two senses of 'will', the legislative function of practical reason and the executive function of the power of choice, and four senses of 'freedom of the will', spontaneity, independence, autonomy and heteronomy. ;On the strength of these discussions, I attribute to Kant the views that causal determinism obtains and that human beings have free will. After considering and finding unsatisfactory the traditional readings of Kant's resolution of the apparent incompatibility of these two theses, I explicate Kant's often misunderstood distinction between things in themselves and appearances. On the basis of the features of this distinction together with my exposition of Kant's theory of freedom, I ascribe to Kant a token-token identity thesis regarding human actions and natural events, but a type-type irreducibility thesis regarding the sorts of descriptions applicable to human actions and natural events. The consequent compatibilist resolution, in addition to furnishing a way of reading problematic passages underlying standard incompatibilistic interpretations, yields a compatibilism which neither sacrifices the epistemology of the Critique of Pure Reason, nor leaves Kant with only an impoverished theory of human free will. ;Finally, I bring the results of this inquiry into the current debate over the problem of freedom and determinism. Specifically, for the purpose of providing Kantian critiques of current positions and current critiques of the Kantian position, I place Kant's view of token-token identity and type-type irreducibility within the context of contemporary philosophy of mind, aligning him with philosophers who share not only his compatibilism, but also, to a surprising degree, the particulars of his version of compatibilism. (shrink)

Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional (...) understanding of the ability to do otherwise, provides a sufficiently robust account of free will, even when it is amended as Moore suggests. I argue that free will and responsibility can be defended more robustly by observing that, at the level of agency, there can be alternative possibilities and mental causation in a stronger sense than recognized by classical compatibilism, even if physical determinism is true. Moore’s arguments could thus be strengthened by embracing this compatibilist libertarian position. At the same time, I note that, although the idea of responsibility is robustly defensible, there are independent reasons for rejecting a retributivist approach to punishment. (shrink)

That is the short title. The long title is: ‘How a deterministic interpretation of quantum theory would, if correct, show that compatibilism is not true; and some implications of this for theodicy’. Let us start with what people think they mean by freedom who, like myself, reject both determinism and compatibilism. Freedom-fans, we might call them. Better, let us start with what they do not mean, since proponents of determinism too frequently saddle them with views they do not (...) hold. Freedom-fans do not doubt causality. (shrink)

Jaegwon Kim maintains that his ‘exclusion argument’ forces us to accept reductive physicalism, which identifies mental and other high-level properties of the world with lower-level properties, over nonreductive physicalism, which avoids such identifications. According to Kim, the exclusion argument shows that any nonreductive view leads to either epiphenomenalism or unacceptable overdetermination of physical effects by physical causes. However, a popular nonreductive physicalist approach called ‘compatibilism’ aims to show that physicalism need not collapse high-level properties into lower-level physical. Compatibilism (...) attempts to block the exclusion argument by attending to the tight modal relationship between higher and lower properties required by nonreductive physicalism. Unfortunately, a similarly tight modal relationship will be embraced by any dualists who hold that natural laws are metaphysically necessary. Despite its increasingly widespread popularity among nonreductive physicalists, it thus seems that the compatibilist’s proposed solution cannot be upheld without removing the barriers to dualists of this sort. (shrink)

The authors of this article apply systemic and comparative methods in order to discuss the key criteria of hardship as a legal institute, i.e. a fundamental alteration of the contractual equilibrium. The authors focus on modern regulations, such as those established in the Principles of International Commercial Contracts and other international contract restatements. The UNIDROIT Principles and other legal instruments usually quite abstractly define the criterion of fundamental alteration; thus further input is necessary in order to reveal the more precise (...) requirements of hardship. The authors of this article provide such an input by conducting a comparative research of the most prominent legal doctrine and case law. (shrink)

Local miracle compatibilists claim that we are sometimes able to do otherwise than we actually do, even if causal determinism obtains. When we can do otherwise, it will often be true that if we were to do otherwise, then an actual law of nature would not have been a law of nature. Nevertheless, it is a compatibilist principle that we cannot do anything that would be or cause an event that violates the laws of nature. Carl Ginet challenges this (...) nomological principle, arguing that it is not always capable of explaining our inability to do otherwise. In response to this challenge, I point out that this principle is part of a defense against the charge that local miracle compatibilists are committed to outlandish claims. Thus it is not surprising that the principle, by itself, will often fail to explain our inability to do otherwise. I then suggest that in many situations in which we are unable to do otherwise, this can be explained by the compatibilist’s analysis of ability, or his criteria for the truth of ability claims. Thus, the failure of his nomological principle to explain the falsity of certain ability claims is no strike against local miracle compatibilism. (shrink)

Advances in neuroscience might make it possible to develop techniques for directly altering offenders’ brains, in order to make offenders more responsible and law-abiding. The idea of using such techniques within the criminal justice system can seem intuitively troubling, even if they were more effective in preventing crime than traditional methods of rehabilitation. One standard argument against this use of brain interventions is that it would undermine the individual’s free will. This paper maintains that ‘free will’ (at least, as that (...) notion is understood by those who adopt the influential compatibilist approach) is an inadequate basis for explaining what is problematic about some direct brain interventions. This paper then defends an alternative way of objecting to certain kinds of direct brain interventions, focusing on the relationship between the offender and the state rather than the notion of free will. It opposes the use of interventions which aim to enhance ‘virtue responsibility’ (by instilling particular values about what is right and wrong), arguing that this would objectify offenders. In contrast, it argues that it may be acceptable to use direct brain interventions to enhance ‘capacity responsibility’ (i.e. to strengthen the abilities necessary for the exercise of responsible agency, such as self-control). Finally it considers how to distinguish these different kinds of responsibility enhancement. (shrink)

A biologist argues against the logic of anti-abortion laws.

In my dissertation I offer what I take to be a novel and compelling response to the consequence argument: the argument that if causal determinism is true, then the past history of the world and the laws of nature together determine everything that will happen in the future&mdashincluding my actions and in fact every action ever done by anyone. I begin by noting and emphasizing a parallel between the consequence argument and the skeptical argument, which leads us to ask (...) whether a response to the latter can be modified and applied to the former. In preparation for that undertaking, we examine two influential responses to the consequence argument—backtracking compatibilism and local miracle compatibilism—both of which claim that if we were to do otherwise (and if determinism is true), then a certain counterfactual conditional would be true. Although I don't fully endorse either of these responses, I do explain how they point us in the right direction.I then turn to the skeptical argument, and in particular the contextualist response to the skeptical argument. Although I don't fully endorse contextualism either, I do emphasize a virtue of the view, namely that it explains how the skeptical argument can seem so compelling even though, in ordinary circumstances, its conclusion strikes us as wildly implausible. Finally, I offer my response to the consequence argument. I begin by adopting and extending a philosophical methodology labeled “southern fundamentalism.” The first move in my response is to argue that we should endorse an “austere” conception of acting freely according to which it does not require being able to do otherwise than we actually do, as an extension of the actual past (consistent with the laws of nature). I then provide a contextualist explanation of how we can be led (astray) by the consequence argument into thinking that this condition is required for acting freely when in fact it is not. Thus I hope to have provided not only a new and compelling response to the consequence argument, but also a foray into some woefully under-explored territory: the intersection of agency theory and epistemology. (shrink)

Helen Beebee has recently argued that David Lewis’s account of compatibilism, so-called local miracle compatibilism, allows for the possibility that agents in deterministic worlds have the ability to break or cause the breaking of a law of nature. Because Lewis’s LMC allows for this consequence, Beebee claims that LMC is untenable and subsequently that Lewis’s criticism of van Inwagen’s Consequence Argument for incompatibilism is substantially weakened. I review Beebee’s argument against Lewis’s thesis and argue that Beebee has not (...) refuted LMC and concomitantly has not demonstrated that Lewis’s criticism of the Consequence Argument fails. (shrink)

This article describes and rejects three standard views of reason in secular clinical ethics. The first, instrumental reason view, affirms that reason may be used to draw conceptual distinctions, map moral geography, and identify invalid forms of argumentation, but prohibits recommendations because reason cannot justify any content-full moral or metaphysical commitments. The second, public reason view, affirms instrumental reason, and claims ethicists may make recommendations grounded in the moral and metaphysical commitments of bioethical consensus. The third, comprehensive reason view, also (...) affirms instrumental reason, but encourages ethicists to make recommendations grounded in the moral and metaphysical commitments of their private worldviews. A compatibilist view of public reason is then defended, which holds that each standard view captures an important role for reason in different aspects of secular clinical ethics. The article ends by identifying three implications for enduring theoretical debates in clinical ethics. (shrink)

Most of the free will debate operates under the assumption that classic determinism and indeterminism are the only metaphysical options available. Through an analysis of Dennett’s view of free will as gradually evolving this article attempts to point to emergentist, interactivist and temporal metaphysical options, which have been left largely unexplored by contemporary theorists. Whereas, Dennett himself holds that “the kind of free will worth wanting” is compatible with classic determinism, I propose that his models of determinism fit poorly with (...) his evolutionary theory and naturalist commitments. In particular, his so-called “intuition pumps” seem to rely on the assumption that reality will have a compositional bottom layer where appearance and reality coincide. I argue that instead of positing this and other “unexplained explainers” we should allow for the heretical possibility that there might not be any absolute bottom, smallest substances or universal laws, but relational interactions all the way down. Through the details of Dennett’s own account of the importance of horizontal transmission in evolution and the causal efficacy of epistemically limited but complex layered “selves,” it is argued that our autonomy is linked to the ability to affect reality by controlling appearances. (shrink)

In this paper, I discuss Hud Hudson's compatibilistic interpretation of Kant's theory of free will, which is based on Davidson's anomalous monism. I sketch an alternative interpretation of my own, an incompatibilistic interpretation according to which agents qua noumena are responsible for the particular causal laws which determine the actions of agents qua phenomena. Hudson's interpretation should be attractive to philosophers who value Kant's epistemology and ethics, but insist on a deflationary reading of things in themselves. It is in (...) an incompatibilist interpretation of Kant's theory of free will that a "positive" conception of noumena is at its most important. If a compatibilistic interpretation is acceptable, one might suppose that we can do without a "positive" conception of noumena throughout Kant's philosophy. I demonstrate, however, that there are central elements of Kant's theory of free will that cannot be accommodated within Hudson's interpretation. (shrink)

Вичерпання інтересу засновника юридичної особи фактом її створення не припиняє існування такої юридичної особи, проте змінює конфігурацію відносин між ними. Такі юридичні відносини мають іншу, відміну від корпоративних юридичних відносин основу для свого розвитку. Юридична особа виступає донором суспільного інтересу при відсутності зустрічного живлення доцільності її існування з боку реципієнтів її діяльності. Тобто відносини юридичної особи та споживачів її суспільної активності позбавлені корпоративності. Такі відносини не мають характеру закритої групи. В їх структурі переважає необмежене коло учасників, які взаємодіють безпосередньо з (...) юридичної особою щодо її сутнісної діяльності та не кореспондують між собою. Приватний інтерес засновника при створенні такої юридичної особи конвертується в суспільний інтерес при її подальшій діяльності. -/- Відповідно до статті 31 Закону України «Про вищу освіту» рішення про утворення державного вищого навчального закладу ухвалюється Кабінетом міністрів України. Водночас, як засновник цієї юридичної особи, останній позбувається особистого інтересу в діяльності цього закладу та його результатах. Цей інтерес мають інші особи, які й стають бенефіціарами відповідних результатів, а також суспільство в цілому, яке користується тією метою, задля досягнення якої створений навчальний заклад. -/- Наведене свідчить, що діалектика соціального зв’язку юридичної особи та її «творця» виходить за межи корпоративних юридичних відносин, які розкривають тільки їх частину в контексті реалізації приватного інтересу її учасника та не вичерпується ними. (shrink)

The use of predicate and sentential operators to express the practical modalities -- ability, control, openness, etc. -- has given new life to a fatalistic argument against determinist theories of responsible agency. A familiar version employs the following principle: the consequences of what is unavoidable (beyond one's control) are themselves unavoidable. Accordingly, if determinism is true, whatever happens is the consequence of events in the remote past, or, of such events together with the laws of nature. But laws (...) and the remote past are not under our control and, by the principle, neither are their consequences. Therefore, none of our choices and actions, nor anything that results from them, is under our control.1 Whether refinements of the closure principle underlying this unavoidability argument are acceptable depends upon the precise sense of 'consequence' and 'unavoidable' involved. Roughly, a proposition P is a consequence of a set of propositions M iff it is impossible that P be false when each member of M is true, or, conversely, when M necessitates P. Since P is unavoidable for S when P is true and S is (was) unable to prevent P from being true, it might seem that if P is unavoidable the same should hold of what is necessitated by P. There is, in fact, 1 an easy defense of the principle which utilizes the incompatibilist condition that S is able to do action K only if it is as yet undetermined whether or not S will K. With it, there is no question but that one is unable to accomplish what is already determined by what one was unable to prevent. Of course, this reasoning is unlikely to impress the compatibilist who rejects the condition outright and, expectedly, it is not the procedure of the proponents of the unavoidability argument. The latter might rest content with appeals to intuition, but more significant are defenses of the closure principle and independent derivations of the unavoidability argument that rely upon distinct principles concerning the logic of the practical modalities, for example, closure of ability under entailment (Cross 1986, Brown 1988) or, claims about the "fixity of the past" and the "inescapability of laws" (Ginet 1990).. (shrink)

The paper argues that it is possible for an incompatibilist to accept John Martin Fischer's plausible insistence that the question whether we are morally responsible agents ought not to depend on whether the laws of physics turn out to be deterministic or merely probabilistic. The incompatibilist should do so by rejecting the fundamentalism which entails that the question whether determinism is true is a question merely about the nature of the basic physical laws. It is argued that this (...) is a better option for ensuring the irrelevance of physics than the embrace of semi-compatibilism, since there are reasons for supposing that alternate possibilities are necessary for moral responsibility, despite Fischer's claims to the contrary. There are two distinct reasons for supposing that alternate possibilities might be necessary for moral responsibility—one of which is to do with fairness, the other to do with agency itself. It is suggested that if one focuses on the second of these reasons, Fischer's arguments for supposing that alternate possibilities are unnecessary for moral responsibility can be met by the incompatibilist. Some possible reasons for denying that alternate possibilities are necessary for the existence of agency are then raised and rejected. (shrink)

Starting with the emphasis that Levinas puts on the role of otherness in the constitution of subjective dimension, this paper discusses how the articulation of this process and the consequences that derive from it recall specifically Fichtean themes. Although the relation between Levinas and Fichte has not been thoroughly examined in the literature yet, it can nevertheless be shown that themes such as the “call” of the subject from the outside, from the unattainable dimension of an otherness irreducible to any (...) immanence and the factual and finite character of its correlative freedom can be understood by reference to the categories that Fichte develops in his texts on law and morals. The reference to Fichte, who already in his considerations on the Wissenschaftslehre recognizes an external Anstoß as determining the reality of the subject, will allows to elucidate the fundamental structure of Levinas’ thought. Particular attention is paid in Levinas to the belonging of otherness to an immemorial past, which in the impossibility of being traced back to the presence of consciousness finds the guarantee of its radical transcendence. Thus, another temporal dimension is configured which also in Fichte refers to an “exteriority” that cannot be assumed by the subject, but only ascertained a posteriori, hence its factual character. Through an interpretation of the fundamental meaning that the primacy of otherness over sameness has in Levinas and the attempt to reflect this relationship through the reference to similar Fichtean motifs, it becomes clearer that the basic meaning of a radical thought of otherness does not cancel the sameness of subject, but on the contrary allows to found it by referring it to its constitutive, unavoidable heteronomy. (shrink)

I argue that the contralife argument, which new natural law theorists have proposed as an argument against contraception, also would rule out altered nuclear transfer, which has been proposed as a way of procuring human stem cells without destroying human embryos.

This essay is primarily an exposition of a Lacanian view of subjectivity, as one that is literally informed by the fact of speaking. The genesis within speaking is related to a possible bridge between the social and the subjective that has troubled psychology for decades. The inherence of alterity to the structuration of the subject is described as part of this exposition. This intrinsic otherness as a self-difference and as a framing of the speaking act is described as a way (...) to reexamine recalcitrance and everyday problems in diversity. It is argued that diversity, far from being a dalliance or trite new set of rules for civil behavior, taps into a problematic of the subject. Ways of understanding the encounter with the other, as might follow from Lacan's work, are articulated within the context of religious law and of the social contract in current late capitalist society. Each foray into a particular instance of encountering diversity is framed within the overall exposition of subjective structuration. 2012 APA, all rights reserved). (shrink)

In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...) view are found in primitive mechanical models of relationships in the empirical and social world – those of objective causality and determinism. Insofar as it is believed that if we had sufficient data a clear and unequivocal answer would be available to each question, admission of uncertainty is seen as a sign of insufficiency, incompetence, impotence, and is avoided whenever a decision that must be seen to be based on valid reasons, cannot be avoided. Avoidance of some decisions, duplicity in others, is the result. -/- Decision-making must be restructured to recognize the provisional and context-bound validity and relevance of the models we use to conceptualize and order our understanding of phenomena, and to utilize this awareness as an instrument in the production of legal policies and decisions that will be authoritative precisely because they are honestly accurate and socially responsible. The paper makes a start on such a re-structuring of the legal process by exploring the implications of the observation that if law is to be “just”: 1) legal policy must be based on accurate information and rationally related to social goals; and 2) decisions applying policy to individual fact situations must be based on assumptions that are both relevant and accurate. -/- Reasons for determinations of fact must be given, otherwise the presumption that the trier of fact is “reasonable” is an unconditional licence to use private modes of logic and theories of social and natural science. What is not disclosed cannot be challenged on grounds of invalidity or irrelevance. -/- Use of “objective validity” as a standard to evaluate conclusions made by the trier of fact in contentious cases would only serve to beg all important questions by concealing: 1) fundamental normative conflict, and 2) the limited nature and applicability of many validity claims. -/- Our use of the phrases “undue risk,” “public interest,” “reasonable,” and “necessary,” reflects the weight we choose to give conflicting social values and goals when we must make decisions in relative ignorance of all the consequences. “Objective criteria” are of limited utility in legal decision-making because their social meaning is derivative. Policy generation in the absence of any coherent conceptual-normative framework, use of vague terminology in legislation stating policy, and the absence of rational means to distinguish between individual cases to which decision-makers are required by law to apply policy, make it inevitable that many legal “decisions” made in the guise of determinations of objective fact, are charades, an arbitrary, capricious, intuitive, subjective (and thus private) use of public decision-making power. -/- Law must alter its aspirations and recognize that rational decision-making is a process that can occur only within parameters set by present knowledge and societal preference structures. Only by working with the constraints imposed by these parameters is it possible to achieve “just” decisions. Where no rational basis for differentiating cases exists, “individualized justice” must be avoided and public policy articulated in law applied uniformly to all cases in a class. The terms “reasonable” and “necessary,” used to describe policy and its consequences for specific cases, must be understood to represent provisional societal assessments, attempts to implement societal preference structures in the face of limited knowledge. Heightened awareness of the limited nature of our knowledge can only result in legal policies that have a more explicit normative basis. -/- The volume is is published with an introduction by Michael D. Bayles. It is available in hardback, paperback, and as an ebook. (shrink)

Law is now routinely included in the medical school curriculum, often incorporated into bioethics and/or practice of medicine coursework. There seems to lack, however, a systematic understanding of what works in terms of getting across an effective depth and breadth of legal knowledge for medical students — or what such would even look like. Moreover, and more critically, while some literature addresses these what, when, how, and who questions, a more fundamental question is left unanswered: why teach law in medical (...) school? This article suggests a process to reveal a more consensual understanding of this latter question. The author highlights findings and recommendations of some of the leading literature to date related to teaching law in medical schools, and also recent U.K. projects addressing legal teaching in medical schools. Reflecting on these materials and activities, the author suggests that we take a “pause” before we argue for more or different legal topics within the medical curriculum. Before we alter the curricula for more and/or different “law,” first, it is critical to have a meaningful, stakeholder-driven, consensus-seeking discussion of the goals of legal education: why do we think it matters that medical students learn about “the law”? (shrink)