We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

It is well known that John Henry Newman’s Essay on the Development of Christian Doctrine contains strong autobiographical elements. Equally, the essay is an important 19th century contribution to the development of the history of theology. Another fact is lesswell known: in the case of Newman, biography and the history of ideas go hand in hand. This article aims to explain how Newman’s personal search for a spiritual home influenced his conception of the development of Christian thought. This is (...) done by analysing Newman’s own writing as well as looking at the critical appraisal of Newman’s thought by Rowan Williams. Both authors share an interest in the development of theological ideas but differ in their opinion on the necessity of continuity in this development. (shrink)

Technologies not only change “external reality” but also change our internal consciousness, shaping the way we experience the world. As the reality of intelligent environments is upon us—ushered along with the age of ubiquitous computing—we must be careful that the ideology these technologies embody is not blindly incorporated into the environment. As disciplines, engineering and computer science make implicit assumptions about the world that conflict with traditional modes of cultural production. For example, space is commonly understood to be the void (...) left behind when no objects are present. Unfortunately, once we see space in this way, we are unable to understand the role it plays in our everyday experience. In order to make computationally enhanced spaces that are meaningful at the level of the everyday, we must exorcise the notion of intelligence from their design and replace it with life. Henri Lefebvre’s discussions of the space of everyday life provide a framework to help conceive this transition. (shrink)

Heart of Darkness is the story of a quest for truth but a quest, we discover, that is veiled in ironies. But just how radical are these ironies? When Marlow tells us that Kurtz’s dying whisper enunciates a truth, does he give us a solid kernel around which we can build our further questioning, concerning, for example, whether Marlow preserves or betrays the truth he has been given?” This has been the assumption of most critics; regardless of the ingenuities by (...) which the varieties of interpretation has shown that Marlow in the end lies or does not lie, the axis of interpretation has almost always been defined by Kurtz’s presumed truth. Why should this be so? Why should Kurtz’s whisper be more significant than, say, the cry of the Intended with which the story culminates? But there are presuppositions in force here so strong that it seems senseless to ask this question. Classic presuppositions: the woman is dominated by emotion and desire, and her cry is at the other pole from the nonlibidinal utterance of truth. Marlow would agree with this assessment—for him, women are “out of touch with the truth” which you have to be “man enough” to face. So our truth-seeking criticism, which doubts much of what Marlow says, does not doubt the terms in which Marlow conceives of truth and its authority.Let us consider an example of the truth-seeking reading of Heart of Darkness, examining the ideology that sanctions this form of interpretation and showing how its presuppositions cooperate with Marlow’s. Our specimen will be a fairly recent PMLA article by Garrett Stewart called “Lying as Dying in Heart of Darkness.” Stewart’s “existential” reading invokes an economics of truth: Kurtz truthfully confronts death, facing and passing judgment upon the corruption of his being that emerges as fulfilled in his final moment; Marlow “lives through” Kurtz’s death and has the opportunity to preserve and transmit Kurtz’s “legacy of insight”; his lie, however, “kills the meaning of a death,” “squandering … Kurtz’s delegated revelation on a squeamish deceit.”1 1. Garrett Stewart, “Lying as Dying in Heart of Darkness,” PMLA 95 : 330, 329, 326; all further references to this essay, abbreviated “L,” will be included in the text. Henry Staten is associate professor of English and adjunct associate professor of philosophy at the University of Utah. He is the author of Wittgenstein and Derrida. The present essay is part of a book in progress on mourning and idealization in Western literature. (shrink)

The contributors to The Moral of the Story, all preeminent political theorists, are unified by their concern with the instructive power of great literature. This thought-provoking combination of essays explores the polyvalent moral and political impact of classic world literatures on public ethics through the study of some of its major figures-including Shakespeare, Dante, Cervantes, Jane Austen, Henry James, Joseph Conrad, Robert Penn Warren, and Dostoevsky. Positing the uniqueness of literature's ability to promote dialogue on salient moral and (...) intellectual virtues, editor Henry T. Edmonson III has culled together a wide-ranging exploration of such fundamental concerns as the abuse of authority, the nature of good leadership, the significance of "middle class virtues" and the needs of adolescents. This collection reinvigorates the study of classic literature as an endeavor that is not only personally intellectually satisfying, but also an inimitable and unique way to enrich public discourse. (shrink)

The contributors to The Moral of the Story, all preeminent political theorists, are unified by their concern with the instructive power of great literature. This thought-provoking combination of essays explores the polyvalent moral and political impact of classic world literatures on public ethics through the study of some of its major figures-including Shakespeare, Dante, Cervantes, Jane Austen, Henry James, Joseph Conrad, Robert Penn Warren, and Dostoevsky. Positing the uniqueness of literature's ability to promote dialogue on salient moral and (...) intellectual virtues, editor Henry T. Edmonson III has culled together a wide-ranging exploration of such fundamental concerns as the abuse of authority, the nature of good leadership, the significance of "middle class virtues" and the needs of adolescents. This collection reinvigorates the study of classic literature as an endeavor that is not only personally intellectually satisfying, but also an inimitable and unique way to enrich public discourse. (shrink)

In the decades since his death in 1924, Conrad has elicited analyses and commentaries from some of the great literary figures of the twentieth century, including T. S. Eliot, Henry James, George Orwell, and Virginia Woolf. George Panichas, a distinguished professor of comparative literature at the University of Maryland, is second to none in his appreciation of Conrad for both his prose and his moral vision. One cannot put this book down without wanting to reread Conrad’s (...) greatest novels or enjoy them firsthand if somehow they have escaped the reader’s attention. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CONRAD'S REPLY TO KIERKEGAARD by Jerry S. Clegg Varied answers to a fixed question have often guided interpretations of Conrad's novella, Heart ofDarkness. Who, that question has been, was Conrad's model for the enigmatic colonial official he calls Kurtz? Hannah Arendt has speculated that it was Carl Peters, an early explorer of east Africa.1 Norman Sherry has picked Arthur Hodister, a Belgian officer, as his candidate.2 (...) Ian Watt has likewise suggested historical figures: Henry M. Stanley and King Leopold of Belgium.3 Since all these men had a reputation for cruelty, those thinking that Conrad had them in mind when describing Kurtz have stressed the political message of his story; for them it is basically an indictment of colonialism. Stephen Reid has argued for a mythic model. Kurtz, he holds, was meant to be seen as one of the man-gods of Frazer's Golden Bough—a primitive king who is obliged to maintain his political position by engaging in certain bestial rites.4 Kenneth Bruffee has recendy cast Kurtz as Conrad's version of Byron's Childe Harold, arguing that the eventualjudgment on him by the character Marlow represents the effort of a squire-narrator to free himself from the pernicious influence of his knight-hero.5 For Bruffee Heart of Darkness is the prototype of a genre oftwentieth-century literature thatrejects the values ofaristocratic romance in favor of democratic norms. There may be truth in all these associations of Kurtz with known colonizers, mythical kings, and fictional knights, but they share a pair of deficiencies. They do not clarify the argument of Heart ofDarkness and so do not dojustice to its copious philosophical content. They also 280 Jerrys. Clegg281 fail to note those features ofKurtz that identify his model most precisely. The prototype of Conrad's famous character is biblical. He is a modern version of Abraham, and the work most intimately related to Heart of Darkness is Kierkegaard's panegyric on Abraham: Fear and Trembling. Conrad's story is, in fact, an addendum to Fear and Trembling written from the point of view of a poet-narrator—Marlow—who has accepted some, but not all, of the tenets of Kierkegaard's own poet-narrator, Johannes de Silentio. It is Marlow's quarrel with de Silentio that explains the structure of Heart ofDarkness, that constitutes its deepest message, and that tells the reader who the model for Kurtz was. An appreciation of that quarrel also helps clarify other matters. It makes plain, for example, the symbolism of light and dark that Conrad uses as an accompaniment to his argument.6 Heart of Darkness is, unarguably, a meditation on several subjects. It is about the Belgian Congo under the administration of King Leopold. It is also about European colonialism in general. It may be about other matters as well. Its primary subject, however, is the relationship of the religious to the ethical and the aesthetic. Since for Conrad the ethical and the aesthetic were allied, this subject may be best cast as the relationship ofreligion to art. It is introduced at the very start ofthe novella. Conrad's primary narrator there offers a theme for his seafaring friend, Marlow, to meditate on aloud: the great English knights-errant of the sea who, like "jewels flashing in the night of time," have born the torch of civilization into the mystery of an unknown earth.7 As this theme is announced, what was a mournful gloom that had hung over London becomes a lurid glare under the stars, and Marlow begins to talk of these, and still other, kinds of light and their relationship to the dark. The primary narrator has already identified what the dark stands for: time. Marlow does not challenge that equation. He only asks who, and with the aid of what kind of light, effectively combats "the night of time." During his meditation he considers four answers to his question, three of which are of primary importance. Certain "redeeming facts," illustrated by the restraint shown by hungry cannibals, quietly dazzle with reassurance, and so what mightbe called the person ofethical conduct— when stripped bare of pretense and the opaque "cloak of time... (shrink)

So much for the Aesthetic. We can now proceed to the Analytic, the philosophical importance of which is much greater. Kant's main contentions in this part of his work can be summed up in; two propositions: human understanding contains certain a priori concepts, and on these are based certain non-empirical principles; these concepts are only general concepts of a phenomenal object, and therefore the principles in question are only prescriptive to sense-experience. As has already been said, interest in the first (...) proposition has distracted attention from the fact that the important thing Kant has to say is contained in the second. (shrink)

Wakefield’s harmful dysfunction analysis asserts that the concept of medical disorder includes a naturalistic component of dysfunction and a value component, both of which are required for disorder attributions. Muckler and Taylor, defending a purely naturalist, value-free understanding of disorder, argue that harm is not necessary for disorder. They provide three examples of dysfunctions that, they claim, are considered disorders but are entirely harmless: mild mononucleosis, cowpox that prevents smallpox, and minor perceptual deficits. They also reject the proposal that dysfunctions (...) need only be typically harmful to qualify as disorders. We argue that the proposed counterexamples are, in fact, considered harmful; thus, they fail to disconfirm the harm requirement: incapacity for exertion is inherently harmful, whether or not exertion occurs, cowpox is directly harmful irrespective of indirect benefits, and colorblindness and anosmia are considered harmful by those who consider them disorders. We also defend the typicality qualifier as viably addressing some apparently harmless disorders and argue that a dysfunction’s harmfulness is best understood in dispositional terms. (shrink)

In ‘Rethinking Disease’, Powell and Scarffe1 propose what in effect is a modification of Jerome Wakefield’s2 3 harmful dysfunction analysis of medical disorder. The HDA maintains that ‘disorder’ is a hybrid factual and value concept requiring that a biological dysfunction, understood as a failure of some feature to perform a naturally selected function, causes harm to the individual as evaluated by social values. Powell and Scarffe accept both the HDA’s evolutionary biological function component and its incorporation of a value component. (...) Their proposed ‘new twist’ is to revise the value component: ‘Our proposed definition of disease is as follows: a biomedical state is a disease only if it implicates a biological dysfunction that is, or would be, properly disvalued’. So, they propose that a disorder is a ‘properly disvalued dysfunction’ rather than a ‘harmful dysfunction’, an approach they term ‘thickly normative’ in contrast to the thin normative approach of the HDA. There has been a surge of interest recently in better understanding the ‘harm’ component of the HDA. Powell and Scarffe’s analysis is a helpful contribution to this discussion. We focus here exclusively on their proposal regarding the analysis of the concept of disorder and ignore many important related issues that the authors address, ranging from prioritising resource allocation between disorders and non-disorders to whether the concept of disorder should be replaced by a generic welfarist concept. The resolution of these additional issues depends on first understanding ‘disorder’. The authors’ proposed changes to the HDA also deserve evaluation because the HDA, which has been endorsed by leading nosologists,4 plays an influential role in nosological debate across categories of disorder ranging, for example, from sexual paraphilias5 to psychopathy.6 A basic problem is that Powell and Scarffe misinterpret …. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

I examine Kant’s claim in part one of Religion within the Boundaries of Mere Reason that moral reform requires both a ‘change of heart’ and gradual reformation of one’s sense (R, 6: 47). I argue that Kant’s conception of moral reform is neither fundamentally obscure nor is it as vulnerable to serious objections as several commentators have suggested. I defend Kant by explaining how he can maintain both that we can choose our moral disposition via an intelligible choice and that (...) we become good through a continuous struggle. I then provide an interpretation of how moral reform occurs in the phenomenal realm. (shrink)

On the received view, the Representational Theory of Measurement reduces measurement to the numerical representation of empirical relations. This account of measurement has been widely criticized. In this article, I provide a new interpretation of the Representational Theory of Measurement that sidesteps these debates. I propose to view the Representational Theory of Measurement as a library of theorems that investigate the numerical representability of qualitative relations. Such theorems are useful tools for concept formation that, in turn, is one crucial aspect (...) of measurement for a broad range of cases in linguistics, rational choice, metaphysics, and the social sciences. (shrink)

This is a book about moral reasoning: how we actually reason and how we ought to reason. It defends a form of 'rule' utilitarianism whereby we must sometimes judge and act in moral questions in accordance with generally accepted rules, so long as the existence of those rules is justified by the good they bring about. The author opposes the currently more fashionable view that it is always right for the individual to do that which produces the most good. Among (...) the salient topics covered are: an account of the utilitarian function in society of generally accepted moral rules; a discussion of how we interpret existing moral rules and create new ones; and a defence of 'rule' utilitarianism against the charge that it either commits one to irrational rule worship, or collapses into a form of 'act' utilitarianism. This is a book about moral reasoning: how we actually reason and how we ought to reason. It defends a form of 'rule' utilitarianism whereby we must sometimes judge and act in moral questions in accordance with generally accepted rules, so long as the existence of those rules is justified by the good they bring about. (shrink)

This paper provides a methodological analysis of Libertarian Paternalism, as put forward in the book Nudge by Richard Thaler and Cass Sunstein (Yale University Press, 2008). Libertarian Paternalism aims to use the accumulated findings of behavioural economics in order to assist decision-makers to make better choices. The philosophical debate about this proposal has focused on normative issues with regards to this proposal. This paper analyses Libertarian Paternalism descriptively and points out four methodological conditions for successful Nudges. On that basis, a (...) methodological critique of Libertarian Paternalism is mounted: the success conditions suggest that Nudges might be even harder to implement and to justify than commonly assumed in the philosophical debate. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

(No abstract is available for this citation).

Genomic research may uncover results that have direct actionable benefit to the individual. An emerging debate is the degree to which researchers may have responsibility to offer results to the biological relatives of the research participant. In a companion study to one carried out in the United States, we describe the attitudes of Canadian Research Ethics Board chairs to this issue and their opinions as to the role of the REB in developing related policy.

New Blackfriars, Volume 102, Issue 1101, Page 728-744, September 2021.

We confront the philosophical literature on fair division problems with axiomatic and game-theoretic work in economics. Firstly, we show that the proportionality method advocated in Curtis is not implied by a general principle of fairness, and that the proportional rule cannot be explicated axiomatically from that very principle. Secondly, we suggest that Broome’s notion of claims is too restrictive and that game-theoretic approaches can rectify this shortcoming. More generally, we argue that axiomatic and game-theoretic work in economics is an indispensable (...) ingredient of any theorizing about fair division problems and allocative justice. (shrink)

Philosophical theories of fairness propose to divide a good that several individuals have a claim to in proportion to the strength of their respective claims. We suggest that currently, these theories face a dilemma when dealing with a good that is indivisible. On the one hand, theories of fairness that use weighted lotteries are either of limited applicability or fall prey to an objection by Brad Hooker. On the other hand, accounts that do without weighted lotteries fall prey to three (...) fairness paradoxes. We demonstrate that division methods from apportionment theory, which has hitherto been ignored by philosophical theories of fairness, can be used to provide fair division for indivisible goods without weighted lotteries and without fairness paradoxes. (shrink)

PURPOSE: There is an increasing demand for researchers to provide research results to participants. Our aim was to define an appropriate process for this, based on needs and attitudes of participants. METHODS: A multicenter survey in five sites in the United States and Canada was offered to parents of children with cancer and adolescents with cancer. Respondents indicated their preferred mode of communication of research results with respect to implications; timing, provider, and content of the results; reasons for and against (...) providing results; and barriers to providing results. RESULTS: Four hundred nine parents (including 19 of deceased children) and 86 adolescents responded. Most parents (n = 385; 94.2%) felt that they had a strong right to research results. For positive results, most wanted a letter or e-mail summary (n = 238; 58.2%) or a phone call followed by a letter (n = 100; 24.4%). If the results were negative, phone call (n = 136; 33.3%) or personal visits (n = 150; 36.7%) were preferred. Parents wanted the summary to include long-term sequelae and suggestions for participants (n = 341; 83.4%), effect on future treatments (n = 341; 83.4%), and subsequent research steps (n = 284; 69.5%). Understanding the researcher was a main concern about receiving results (n = 145; 35.5%). Parents felt that results provide information to support quality of life (n = 315; 77%) and raise public awareness of research (n = 282; 68.9%). Adolescents identified similar preferences. CONCLUSION: Parents of children with cancer and adolescents with cancer feel strongly that they have a right to be offered research results and have specific preferences of how and what information should be communicated. (shrink)

Metaethical debunking arguments often conclude that no moral belief is epistemically justified. Early versions of such arguments largely relied on metaphors and analogies and left the epistemology of debunking underspecified. Debunkers have since come to take on substantial and broad-ranging epistemological commitments. The plausibility of metaethical debunking has thereby become entangled in thorny epistemological issues. In this thesis, I provide a critical yet sympathetic evaluation of the prospects and challenges facing such arguments in light of this development. In doing so, (...) I address the following central question: how could genealogical information undermine the epistemic justification of moral beliefs? In Part I, I begin answering the central question by extracting explicit and implicit epistemic principles from three popular debunking arguments. These arguments, due to Gilbert Harman, Richard Joyce, and Sharon Street, generate principles concerning ontological parsimony, explanatory dispensability, epistemic insensitivity, lack of epistemic safety, unexplained reliability, epistemic coincidences, and explanatory constraints on rational belief. Having set out the principles tasked with explaining how genealogical information undermines, Part II of the thesis seeks to evaluate whether debunking arguments built on them succeed. To this end, I consider two types of challenges faced by such arguments. First, there are strategies that attempt to block global moral debunking arguments. I argue that one popular such strategy, the so-called ‘third-factor strategy’, has been misunderstood. When understood correctly, it is of no help in answering debunking arguments. I then flesh out an alternative and more promising strategy for blocking such arguments. I then turn to internal challenges facing debunkers, particularly those who rely on ‘explanationist’ principles. I argue that explanationist debunking arguments, as well as most others, fall prey to one or more of four internal challenges: the implausibility of first-order epistemic principles, the threat of overgeneralization, the threat of self-defeat, and the need for costly metaepistemic commitments. I conclude that current debunking arguments fail to establish that no moral belief is justified. By analyzing why existing arguments fail, I develop two conditions of adequacy that debunkers must satisfy in order to navigate the internal challenges successfully. I end by suggesting future directions that debunkers should pursue to rehabilitate the prospects for global moral debunking arguments. (shrink)

Examination of visual images in evening network television stories about 5 environmental catastrophes indicates that news producers usually ignored their own network's policies about identifying news footage from advocacy groups and almost always ignored their own network's policies about labeling file hotage. In some unlabeled footage was used in symbolic ways that would not substantially mislead viewers. In other cases, unlabeled video suggested the persistence of a catastrophic reality that had not existed for as long as 4 years.