Conceptual engineers endeavor to improve our concepts. But their endeavors face serious practical difficulties. One such difficulty – rational conceptual conflict - concerns the degree to which agents are incentivized to impede the efforts of conceptual engineers, especially in many of the contexts within which conceptual engineering is viewed as a worthwhile pursuit. Under such conditions, the already difficult task of conceptual engineering becomes even more difficult. Consequently, if they want to increase their chances (...) of success, conceptual engineers should pay closer attention to – and devise strategies to mitigate – rational conceptual conflict. After outlining the phenomenon at greater length and mapping its connections to other similar practical problems (Section 1), I explore the dynamics of such conflict by way of several detailed case studies (Section 2). In particular, I focus on cases driven by material, social, and moral incentives. I then consider some important methodological implications of rational conceptual conflict (Section 3). Among other things, I argue that conceptual engineers should focus more heavily on cultivating settings that modify the payoffs and penalties associated with conceptual conflict. By such indirect means, they can incentivize conceptual cooperation rather than conflict, thus making it easier to achieve success in conceptual engineering. Section 4 concludes. (shrink)

This article seeks to provide a theoretical exploration of Prandi's model of conceptual conflicts in metaphors (2017) and to highlight the advantages such model presents in its applications to translation and the text analysis preceding and preparing translation. Such advantages are mainly identified in the model aptness to meet the pragmatic requirements of translation, seen as a practice-based, goal-oriented and context-driven activity. These advantages also distinctly emerge from a comparison with the main tenets of the cognitive tradition. The theoretical (...) basis for an understanding of conceptual conflict and its applications to translation are illustrated through the analysis of three brief excerpts from literary texts in English and their Italian translation. (shrink)

Scientific activities strongly depend on concepts and classifications to represent the world in an orderly and workable manner. This creates a trade-off. On the one hand, it is important to leave space for conceptual and classificatory criticism. On the other hand, agreement on which concepts and classifications to use, is often crucial for communication and the integration of research and ideas. In this paper, we show that this trade-off can sometimes be best resolved through conceptual governance, in which (...) scientific institutions set a collective conceptual standard, and that voting can be a reasonable way to implement that governance. Voting is a means to simultaneously aggregate among conflicting values, preferences and priorities that often underpin conceptual or classificatory debates, all while signaling ongoing disagreement. We also discuss how the legitimacy of the voting process and its outcome can be ensured. (shrink)

This paper attempts to reconcile the conceptual conflict between typological and population thinking to provide a philosophical foundation for extended evolutionary synthesis. Typological thinking has been considered a pre-Darwinian, essentialist dogma incompatible with population thinking, which is the core notion of Darwinism. More recent philosophical and historical studies suggest that a non-essentialist form of typology has some advantages in the study of evolutionary biology. However, even if we adopt such an epistemological interpretation of typological thinking, there still remains (...) an epistemological and methodological conflict between these two styles of thinking. How can we relate typological thinking with population thinking in pursuit of more integrated or interconnected research into evolutionary biology? I propose that homology thinking, which is another style of thinking that recognizes homologous characters, provides a common basis for typological representations of character states and for character dynamics in an evolving population. Good examples of this bridging role are found in teratology and breeding, where variation and novelty are recognized in developmental and morphological traits, gene expression patterns, and so on. Essentialism-free, dynamic views of homology have great potential to reconcile typological and population thinking and to set the stage for the EES. (shrink)

Bernard Williams articulated his later political philosophy notably in response to Ronald Dworkin, who, striving for coherence or integrity among our political concepts, sought to immunize the concepts of liberty and equality against conflict. Williams, doubtful that we either could or should eliminate the conflict, resisted the pursuit of conceptual integrity. Here, I reconstruct this Dworkin–Williams debate with an eye to drawing out ideas of ongoing philosophical and political importance. The debate not only exemplifies Williams's political realism (...) and its connection to his critique of the morality system. It also illustrates the virtues and hazards of contemporary efforts to ameliorate or engineer our concepts; it indicates what political philosophy might look to in appraising political concepts; it adverts to the different needs these concepts have to meet if they are to sustain a politics of pluralism, deal with polarization, and secure the consent of those who end up on the losing side of political decisions; and it presents us with two starkly contrasting conceptions of politics itself, of the place of political values within it, and of our prospects of reducing the uncomfortably conflictual character of those values through philosophy. (shrink)

In his 2011 book Justice for Hedgehogs, Ronald Dworkin makes a case for the view that genuine values cannot conflict and, moreover, that they are necessarily mutually supportive. I argue that by prioritizing coherence over the conceptual authenticity of values, Dworkin’s ‘interpretivist’ view risks neglecting what we care about in these values. I first determine Dworkin’s position on the monism/pluralism debate and identify the scope of his argument, arguing that despite his self-declared monism, he is in fact a (...) pluralist, but unusual in denying conflict between plural values. I then set out the structure of his interpretive theory of value relations and present a case of value conflict which I think interpretivism cannot deal with. Following this I argue that there are structural reasons why cases like this are liable to occur and suggest that interpretivism will frequently fail to properly reflect people’s moral commitments because reinterpretation of values has the side effect of excluding important moral commitments from our conceptions of values. While, as Dworkin argues, there are no brute moral facts concerning values, moral psychology constrains the range of acceptable conceptions of values. Given the shortcomings of interpretivism I conclude that we should acknowledge that values may conflict. (shrink)

For the most part, current reflections on the social seem to overemphasize either homogeneity (society/nation-state, modernization/globalization) or heterogeneity (sociality, cosmopolitanism). Against this, here the argument is put forward that it is appropriate to think of the social as consisting of aspects of homogeneity or shared frames of reference and aspects of heterogeneity at the same time. This thought is developed particularly in contrast to normative concepts such as Bauman's sociality—republicanism nexus or Beck and Grande's ideas on European cosmopolitanism. With the (...) help of concepts such as sociation, glocalization and conflict, a basis will be developed for the elaboration of particular socials (e.g. Europe) as a general social theory. This avoids falling into normative traps, which are usually risky when starting out from a historical particularity to explain current and future structures and features of notions such as European society. (shrink)

In recent analytic philosophy, there is a growing interest in the project of conceptual engineering. This paper examines two ways this project might be applied to scientific research, specifically anthropological research. It argues that both of them are harmful to this research. Specifically, it argues that a reliance on the axiological standards of analytic philosophy conflicts with the goal of empirical adequacy. Section one proffers two forms that the engineering project might take when applied to the science. Section two (...) proffers a case study drawn from anthropology. Specifically, it lays out Evans-Pritchard’s Witchcraft, Oracles, and Magic Among the Azande, paying particular attention to the inconsistency he discovered in Azande witchcraft. Sections three and four argue that attempting to remove this inconsistency via the two forms of engineering disable critical features of emic research and discard empirical findings. Finally, I close by noting how the conflict between axiological standards and empirical adequacy might generalize beyond anthropology. (shrink)

The relationship between religion, intolerance and conflict has been the subject of intense discussion, particularly in the wake of the events of 9-11 and the ongoing threat of terrorism. This book contains original papers written by some of the world's leading scholars in anthropology, psychology, philosophy and theology exploring the scientific and conceptual dimensions of religion and human conflict. The volume will be of great interest to academics across avariety of disciplines, including religious studies, philosophy, psychology, theology, (...) cognitive science, anthropology, politics, international relations, and evolutionary biology. It will also be ofinterest to the many lay readers who are interested in the phenomenon of religious conflict and who value access to the best available empirically informed perspectives on this topic. (shrink)

This article aims at proposing the construct of living and working together in organizations as an interpretation and tool proposed in a Juvenile Criminal Mediation Service, in order to highlight how important it was as a turning point in activating the working group's reflexive function as far as their sense of belonging, otherness, culture of diversity, and work subject matter are concerned and start an important transformation process in the very service delivery. Our proposal finds its roots in a follow-up (...) experience regarding the aforementioned service, which has been taking place for almost three years. It was structured in three different phases: a research phase evaluating process and results of the activity that was carried out; a phase of monitoring the mediation practice; a research-action phase in a clinical perspective on the working group's operating mode. The leverage of living and working together in organizations is specifically proposed as far as this last working phase is concerned, las... (shrink)

This chapter focuses on the property that excited Kuhn's interest in thought experiments: conflict vagueness. This property often generates inconsistent beliefs but is not itself inconsistency. Although it is absent from most thought experiments, a substantial portion of the most provocative thought experiments do spring from this species of vagueness; for they motivate conceptual reform by touching a nerve of indeterminacy. Hence, study of conflict vagueness reveals the ways thought experiments restructure our conceptual scheme.

Conflict handling by managers gives rise to significant emotional and cognitive experiences for affected employees and has far-reaching effects on the effectiveness of a group and an organization. In this conceptual paper, we argue that despite many claims made by managers in their self-reports that they engage in either dominant or compromising conflict-handling strategies when managing conflict within a group, they may be perceived by employees as adopting neglect or avoidance behaviors. We examine how such perceived (...) managers' avoidance styles could influence employees' perceptions with regard to justice, trust, and politics within an organization. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

With the shift toward online environments due to COVID-19 pandemic, particularly for educational sector, employees’ performance has been affected by an array of different factors. Personal aspects as well as organizational focus on individuals’ wellbeing are the main focus of this study through inclusion of job autonomy and work-life conflict alongside other factors, such as informational support that can aid academic staff regarding their wellbeing during times of crisis. In response to the effects of COVID-19 on employees, this study (...) aims to provide tangible data to protect university teachers during crises and establish key points that can improve their wellbeing. For this purpose, we used interviews to provide in-depth understanding of the subject. A total of 16 teachers as interviewees have provided qualitative data that was analyzed with MAXQDA. This study highlights the importance of work-life conflict and vitality of job autonomy on academic staffs’ performance and overall wellbeing through a conceptual analysis. We emphasize the role of organizations in maintaining a work environment where university teachers’ wellbeing is prioritized and various elements such as training and support are used to help stabilizing work-life balance. The current findings can be beneficial for both scholars and decision-makers in schools and universities to enhance elements of remote work for their staff. (shrink)

The aim of this study was to examine how Muslim Arab–Israeli teachers conceptualize the Israeli–Arab conflict with their students. The findings show that Arab schools are in a constant state of tension between opposing poles of identity and belonging. The teachers emphasize their students’ alienation from the Israeli establishment and their lack of identification with the Jewish state, while expressing deep identification with the Palestinian people. They are able to cope with this split by seeking contents and coping mechanisms (...) of a universal nature that are not in dispute, and which enable students to repress the dissonance in which they live. (shrink)

There are several important conceptual issues and questions about the practice of healthcare ethics that can, and should, inform the development of any practice standards. This paper provides a relatively short overview of seven of these issues, with the invitation for further critical reflection and examination of their relevance to and implications for practice standards. The seven issues described include: diversity (from the perspective of training and experience); moral expertise and authority/influence; being an insider or outsider; flexibility and adaptability (...) (for local contexts of practice); the relative weighting of procedural and normative aspects of ethics practice; making mistakes or errors; and conflicts of interest in practice. (shrink)

Recent work on philosophy of technology emphasises the ways in which technology can disrupt our concepts and conceptual schemes. We analyse and challenge existing accounts of conceptual disruption, criticising views according to which conceptual disruption can be understood in terms of uncertainty for conceptual application, as well as views assuming all instances of conceptual disruption occur at the same level. We proceed to provide our own account of conceptual disruption as an interruption in the (...) normal functioning of concepts and conceptual schemes. Moreover, we offer a multilevel taxonomy thereof, where we distinguish between instances of conceptual disruptions occurring at different levels (conceptual scheme, conceptual clusters, and individual concepts), taking on different forms (conceptual gaps and conceptual conflicts), and leading to different degrees of severity (extending from mild to severe). We also provide detailed accounts through historical examples of how conceptual gaps and conceptual conflicts can occur at different times in the very same process of conceptual disruption. Finally, we make the case that different kinds of conceptual engineering can provide meaningful ways to assess and overcome distinct types of conceptual disruption. (shrink)

Shepard’s (1987) universal law of generalisation (ULG) illustrates that an invariant gradient of generalisation across species and across stimuli conditions can be obtained by mapping the probability of a generalisation response onto the representations of similarity between individual stimuli. Tenenbaum and Griffiths (2001) Bayesian account of generalisation expands ULG towards generalisation from multiple examples. Though the Bayesian model starts from Shepard’s account it refrains from any commitment to the notion of psychological similarity to explain categorisation. This chapter presents the (...) class='Hi'>conceptual spaces theory (Gärdenfors 2000, 2014) as a mediator between Shepard’s and Tenenbaum & Griffiths’ conflicting views on the role of psychological similarity for a successful model of categorisation. It suggests that the conceptual spaces theory can help to improve the Bayesian model while finding an explanatory role for psychological similarity. (shrink)

Conflicts of interest represent one of the defining problems of our time, and yet a clear definition of what constitutes a conflict of interest remains elusive. To move us closer to resolving this problem, this article first reviews and critiques attempts to define conflicts of interest, and, second, uses these critiques to ground a more conceptually consistent and practically useful definition. This definition builds on, but also breaks away from Michael Davis’s definition of conflicts of interest. Specifically, it articulates (...) and defends defining conflicts of interest in terms of their threat to good judgment but does so in the broadest terms. Defining it in this way expands the domain of conflicts of interest, but also avoids unnecessary conceptual distractions and practical difficulties. (shrink)

While much attention has been given to the use of principles in biomedical ethics and increasing attention is given to alternative theoretical approaches, relatively little attention has been devoted to the critical task of how one resolves conflicts among competing principles. After summarizing the system of principles and some problems in conceptualizing the principles, several strategies for reconciling conflicts among principles are examined including the use of single-principle theories (pure libertarianism, pure utilitarianism, and pure Hippocratism), balancing theories, conflicting appeals theories, (...) and lexical ordering. Then a mixed strategy is proposed in which consequentialist principles are balanced between themselves as are nonconsequentialist principles, after which the result of balancing the nonconsequentialist principles is lexically ranked over the result of balancing the consequentialist ones. Finally, strategies involving specifying and rule generation are discussed concluding that most current specification and rule-generating theories must involve some degree of lexical ordering of principles. (shrink)

Is conceptual relativity a genuine phenomenon? If so, how is it properly understood? And if it does occur, does it undermine metaphysical realism? These are the questions we propose to address. We will argue that conceptual relativity is indeed a genuine phenomenon, albeit an extremely puzzling one. We will offer an account of it. And we will argue that it is entirely compatible with metaphysical realism. Metaphysical realism is the view that there is a world of objects and (...) properties that is independent of our thought and discourse (including our schemes of concepts) about such a world. Hilary Putnam, a former proponent of metaphysical realism, later gave it up largely because of the alleged phenomenon that he himself has given the label ‘conceptual relativity’. One of the key ideas of conceptual relativity is that certain concepts—including such fundamental concepts as object, entity, and existence—have a multiplicity of different and incompatible uses (Putnam 1987, p. 19; 1988, pp. 110 14). According to Putnam, once we recognize the phenomenon of conceptual relativity we must reject metaphysical realism: The suggestion . . . is that what is (by commonsense standards) the same situation can be described in many different ways, depending on how we use the words. The situation does not itself legislate how words like “object,” “entity,” and “exist” must be used. What is wrong with the notion of objects existing “independently” of conceptual schemes is that there are no standards for the use of even the logical notions apart from conceptual choices.” (Putnam 1988, p. 114) Putnam’s intriguing reasoning in this passage is difficult to evaluate directly, because conceptual [1] relativity is philosophically perplexing and in general is not well understood. In this paper we propose a construal of conceptual relativity that clarifies it considerably and explains how it is possible despite its initial air of paradox. We then draw upon this construal to explain why, contrary to Putnam and others, conceptual relativity does not conflict with metaphysical realism, but in fact comports well with it.. (shrink)

Departing from frequent use of moral conflict cases in business ethics teaching and research, the paper suggests an elaboration of a moral conflict approach within business ethics, both conceptually and philosophically. The conceptual elaboration borrows from social science conflict research terminology, while the philosophical elaboration presents casuistry as a kind of practical, inductive argumentation with a focus on paradigmatic examples.

Conflict of interest has been a leading issue in the Canadian legal profession over the last three decades, and it shows no sign of abating. No other issue has so consistently and dramatically dominated both the practice of law and its regulation in Canada. This article describes the conceptual and political battles that have been fought over conflicts of interest in Canada during this time. These battles reveal deeper ontological divisions about the practice of law in Canada. The (...) clash over conflicts of interest exposes competing conceptions of what it means to be a lawyer in Canada in the twenty-first century and how the legal profession should be governed. The conflicts of interest debate increasingly centres on the duty of loyalty owed by lawyers to their clients. (shrink)

Many of the debates concerning the existence of economic rights obfuscate the meaning of the possession of a right to an economic good. In order to provide clarification, several theoretical questions must be probed. This essay explores each of these issues in order to demonstrate that greater conceptual clarity repudiates the arguments against the existence of economic rights. It also seeks to attenuate the vexing problem of necessary and painful tradeoffs between competing rights claims. The final portion of this (...) essay heuristically demonstrates how greater conceptual clarity can aid us in dealing with complex policy issues involving competing rights claims. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (...) (e.g., legal practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

Recently, there has been much research into conceptual engineering in connection with feminist inquiry and activism, most notably involving gender issues, but also sexism and misogyny. Our paper contributes to this research by explicating, in a principled manner, a series of other concepts important for feminist research and activism, to wit, feminist political identity terms. More specifically, we show how the popular Conceptual Spaces Framework (CSF) can be used to identify and regiment concepts that are central to feminist (...) research, focusing especially on feminism in France. According to the CSF, concepts can be represented geometrically, as regions in similarity spaces. A particular strength of the CSF framework is its empirically-focused methodology, which allows researchers to infer the boundaries of concepts from empirical data, thus eliminating the need to strongly rely on intuitions about meanings. This is shown to be especially valuable for the explication of concepts relating to feminist political identity, given that the intuitions of feminist scholars and activists about what would appear to be core concepts in the area tend to be poorly aligned or even conflicting. We report the results from an empirical categorization study conducted among French feminists and show how they support the view that the CSF can contribute to both the conceptual engineering project and our understanding of the structure of social reality. (shrink)

My paper provides reasons in support of the view that vague identity claims originate from a conflict between rigidity and precision in designation. To put this stricly, let x be the referent of the referential terms P and Q. Then, that the proposition “that any x being both a P and a Q” is vague involves that the semantic intuitions at work in P and Q reveal a conflict between P and Q being simultaneously rigid and precise designators. (...) After having shortly commented on an example of vague identity claim, I make the case for my proposal, by discussing how reference by baptism conflicts with descriptive attitudes towards understanding conceptual contents. (shrink)

Plural and conflicting values are often held to be conceptually problematic, threatening the very possibility of ethics, or at least rational ethics. Rejecting this view, Stocker first demonstrates why it is so important to understand the issues raised by plural and conflicting values, focusing on Aristotle's treatment of them. He then shows that plurality and conflict are commonplace and generally unproblematic features of our everyday choice and action, and that they do allow for a sound and rational ethics.

Much research is currently being conducted on health care practitioners' experiences of moral distress, especially the experience of nurses. What moral distress is, however, is not always clearly delineated and there is some debate as to how it should be defined. This article aims to help to clarify moral distress. My methodology consists primarily of a conceptual analysis, with especial focus on Andrew Jameton's influential description of moral distress. I will identify and aim to resolve two sources of confusion (...) about moral distress: the compound nature of a narrow definition of distress which stipulates a particular cause, i.e. moral constraint, and the distinction drawn between moral dilemma and moral distress, which implies that the two are mutually exclusive. In light of these concerns, I argue that the definition of moral distress should be revised so that moral constraint should not be a necessary condition of moral distress, and that moral conflict should be included as a potential cause of distress. Ultimately, I claim that moral distress should be understood as a specific psychological response to morally challenging situations such as those of moral constraint or moral conflict, or both. (shrink)

Information plays an important role not only in evolution—genetics can be seen as a mechanism to transfer information from one generation to the next—but also in ecology: virtually all organisms use information about their environment to adjust their behavior and life histories. Indeed, being adapted to something can be defined as having the right information to solve the life-history problems that this creates. It then becomes irrelevant precisely where this information came from (genetics, experience, culture, etc.) but rather becomes an (...) issue of how to assess the fitness value of this information. Here I will explore in some detail the conceptual consequences of the information-based view of evolution. In particular, I will focus on how individuals are actually associations of smaller units that depend on each other’s genetic information and on information from multiple external sources. An important and fundamental problem arises when these different sources of information do not suggest the same adaptations. Conflicting information may thus give new insight into the causes of stress. (shrink)

Prominent radical democrats have in recent times shown a vivid interest in the commons. Ever since the publication of Governing the Commons by Elinor Ostrom, the commons have been associated with a self-governing and self-sustaining scheme of production and burdened with the responsibility of carving out an autonomous social space independent from both the markets and the state. Since the commons prove on a small empirical scale that self-governance, far from being a utopian ideal, is and long has been a (...) lived reality, a few authors have attempted to turn them into the conceptual matrix of their own account of radical democracy. Negri and Hardt, on one hand, Laval and Dardot, on the other, have jointly coined the term ‘the common’ to suggest that the self-governance quintessential to the commons could be turned into a general democratic principle. Though this is an attractive theoretical prospect, I will contend that it fails to account for an important contradiction between the two theoretical frameworks it connects. Whereas the governance of the commons depends on harmonious cooperation between all stakeholders which in turn relies on a strong sense of belonging to a shared community, radical democracy is highly suspicious of any attempt to build a totalizing community and constantly emphasizes the decisive role of internal agonistic conflicts in maintaining a vibrant pluralism. I will further contend that the short-sightedness of radical democrats on this issue may be partially explained by the strong emphasis in the commons literature on a related but distinct conflict, that which opposes the commoners to the movement of enclosures. I will argue, however, that this conflict is not of an agonistic nature and does little to preserve the dynamism and the constant self-criticism proper to the radical democrat regime. (shrink)

In Reinhart Koselleck's history of concepts, the general orientation that concepts are to be understood in their proper contexts is intertwined with the assumption that they are manifestations of particular political conflicts. The essay shows that the dense compound of context and conflict in Koselleck's thought springs from Carl Schmitt's political theory and also forms an important point of continuity between Koselleck's early work and his later methodological writings. The formalized assumption of conflict, somewhat problematically, binds Koselleckian (...) class='Hi'>conceptual history to a particular conception of politics, one that sees politics ultimately as struggle and conflict. Once the historical-theoretical contingency of this conception is recognized, it becomes both possible and necessary to reassess the role of conflict in the methodology of conceptual history. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (...) (e.g., legal practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

Does the way we think about our personal self-complexity affect how we accept others? Researchers have offered various conceptualizations of how individuals manage their complex identities, while others have identified links between cognitive complexity and acceptance of outgroups. This paper integrates the two bodies of work by positing a route by which personal identity conflicts may lead to cognitive and cultural pluralism. For individuals committed to multiple identities perceived as conflicting, the intra-psychic experience of value conflicts may lead to a (...) recognition of self-complexity, which is then transposed from the personal domain to the social one and expressed as a pluralistic attitude towards others. This argument find support in a study of Israeli Jewish Orthodox psychoanalytic therapists who belong to what they perceive as non-pluralistic religious groups, yet express value pluralism, which they attribute to their complex identities. One of the educational implications of this study is that facilitating engagement with internal complexity, multiple identities and personal value conflicts may promote pluralistic thinking for individuals in religious societies. (shrink)

The idea of personalised medicine (PM) has gathered momentum recently, attracting funding and generating hopes as well as scepticism. As PM gives rise to differing interpretations, there have been several attempts to clarify the concept. In an influential paper published in this journal, Schleidgen and colleagues have proposed a precise and narrow definition of PM on the basis of a systematic literature review. Given that their conclusion is at odds with those of other recent attempts to understand PM, we consider (...) whether their systematic review gives them an edge over competing interpretations. We have found some methodological weaknesses and questionable assumptions in Schleidgen and colleagues’ attempt to provide a more specific definition of PM. Our perplexities concern the lack of criteria for assessing the epistemic strength of the definitions that they consider, as well as the logical principles used to extract a more precise definition, the narrowness of the pool from which they have drawn their empirical data, and finally their overlooking the fact that definitions depend on the context of use. We are also worried that their ethical assumption that only patients’ interests are legitimate is too simplistic and drives all other stakeholders’ interests—including those that are justifiable—underground, thus compromising any hope of a transparent and fair negotiation among a plurality of actors and interests. As an alternative to the shortcomings of attempting a semantic disciplining of the concept we propose a pragmatic approach. Rather than considering PM to be a scientific concept in need of precise demarcation, we look at it as an open and negotiable concept used in a variety of contexts including at the level of orienting research goals and policy objectives. We believe that since PM is still more an ideal than an achieved reality, a plurality of visions is to be expected and we need to pay attention to the people, reasons and interests behind these alternative conceptions. In other words, the logic and politics of PM cannot be disentangled and disagreements need to be tackled addressing the normative and strategic conflicts behind them. (shrink)

Examines arguments that maximization holds for conceptual reasons. Looks at maximizing theory and raises conceptual problems for evaluative maximization––difficulties in ranking mixes, problems with organic wholes, and mathematical versus internal evaluative judgments. As regards the evaluative decisions maximization is concerned with, it is argued that we are guided in our understanding of what is good by what is better. To the extent that the better is prior to the good, maximizations are parasitic on other evaluations. Concludes with a (...) look at the discussion of false pleasures in Plato's Philebus. (shrink)

Purpose The purpose of this study is to examine the primary sources and methods of Web-based messaging during the early stages of the coronavirus pandemic. The authors use ethical lens to develop a conceptual framework to inform and reduce conflicts of Web-based messaging associated with COVID-19. Design/methodology/approach This paper provides a comprehensive review of three different ethical schools and identifies the cohesive theme of common good across them. Common good leading to a greater good serves as the overarching ethical (...) construct for Web-based messages that focus on society and not the singular individual, business or political ideology. Findings The findings suggest that the ethical construct of common good focuses on prioritizing the society over the individual and draws upon utilitarian principles focused on consequences, Kantian principles focused on intentions and Aristotelian principles focused on the definition of good. Web-based messaging on COVID-19 originates from diverse public and private sources and ethically can be governed by adherence to achieving the greatest good for society. Pervasive conflicts with COVID-19 messaging can be mitigated by pursuing a more ethical agenda with messages. Originality/value This manuscript provides a conceptual framework, based on ethical principles, to serve as a blueprint for Web-based messaging during a pandemic. This work offers an ethical perspective for communication during a pandemic and it is original in conceptualizing the components of Web-based messaging and decomposing them into the different levels where conflicts can occur. This article can serve as a template for Web-based communication pertaining to future pandemics and other events that benefit from prioritizing the impact on society over the impact on the individual. (shrink)

This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and (...) modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates eight distinct jurisprudentially significant premises of classicism, including territorialism, a commitment to a regime of rules, and a conception of law and legal rights that I have called “vestedness.” It then discusses the modernist challenges to most, but significantly not all, of those premises. It also emphasize, however, the degree to which the eight pillars of the classical tradition are actually conceptually independent, and could, at least in principle, be mixed and matched in various combinations and in the service of very different account of choice of law enterprise. Finally, the essay turns to other debates, both within the classical and modernist traditions separately and transcending the differences between them. (shrink)

What is the definition of life? Artificial life environments provide an interesting test case for this classical question. Understanding what such systems can tell us about biological life requires negotiating the tricky conceptual boundary between virtual and real life forms. Drawing from Wittgenstein’s analysis of the concept of a game and a Darwinian insight about classification, I argue that classifying life involves both causal and pragmatic elements. Rather than searching for a single, sharp definition, these considerations suggest that life (...) is a cluster concept with fuzzy boundaries and that there are multiple legitimate ways to make the notion precise for different scientific purposes. This pluralist, realist account avoids unnecessary border disputes by emphasizing how science negotiates such questions in relation to theory and evidence. I also discuss several objections to this approach, including a “moral hesitation” some have to allowing broader application of the concept of life to include artificial life. (shrink)

Álvarez J.F. (2016) Conflicts, Bounded Rationality and Collective Wisdom in a Networked Society. In: Scarafile G., Gruenpeter Gold L. (eds) Paradoxes of Conflicts. Logic, Argumentation & Reasoning (Interdisciplinary Perspectives from the Humanities and Social Sciences), vol 12. Springer, Cham -/- The adoption of an individualistic perspective on reasoning, choice and decision is a spring of paradoxes of conflicts. Usually the agents immerse in conflicts are drawn or modelled as rational individuals with targets well defined and full capabilities to access to (...) information, without both temporal limitations and perfect reasoning abilities to obtain their preferences are taken account. -/- However, other models of agent, in the bounded rationality perspective, could help to understand better the interrelationships. I adopt embedded argumentative reasoning processes as satisfying criteria to analyze the expert function in a new socio technical environment that has changed deeply the mechanism and tools to access and to aggregate information. The open access to information and institutional arrangements addressed towards team knowledge could offer other kind of tools to affront the conflict, even its possible benefits. -/- The “crowd expertise” is emerging as an actual possibility and it must be incorporated to affront with conflicts. The very possibility of obtaining knowledge generated by “many minds”, collective wisdoms, brings up a real challenge to the conservative or elitist conception of the masses, because masses now emerge as a smart collective user, with new mechanisms to select and produce quality knowledge. These new collective actions differ deeply from the traditional modes of social organization. A new mass society is emerging now as a hybrid one that breaks some conceptual traditional models, such as Ortega y Gasset’s ones, and induces a structured way of flourishing both new practices and new knowledge with transforming capabilities. (shrink)