In my recent article in the Journal of Medical Ethics, I attacked the Laissez Choisir Argument in defence of letting individuals choose whether to sell kidneys or other organs as living donors, and I argued that such transactions should generally remain prohibited.1 The LC Argument arises as a response to a prohibitionist claim that I endorse: organ sales should be banned to protect potential poverty-stricken vendors, even if a free market could provide great benefits to potential organ recipients. The (...) LC Argument says that this is misplaced paternalism, since banning the market only takes away from willing vendors what they must regard as their best option, thereby leaving them even worse off, at least as they see things. My refutation of the LC Argument pointed out, on the contrary, that giving some people the option to sell their organs may harm them in ways they would reasonably prefer not to be harmed—even though they would reasonably prefer to take the option once it is presented. The upshot is that many potentially willing organ vendors might themselves reasonably prefer prohibition. I argued that the harms of a live donor organ market to this group would in fact be significant and unavoidable, and that it would be morally impermissible to impose these harms. And I suggested that this argument for prohibition best explicates an inchoate but widely shared moral concern about the exploitative nature of live donor organ trading.I thank Gerald Dworkin, Janet Radcliffe Richards and Adrian Walsh for their engaging and often insightful commentaries.2–4 I agree with a lot, but I will …. (shrink)

In this paper I examine the ethics of benefit-sharing agreements between victims and beneficiaries of injustice in the context of trans-national bodily giving, selling, and sharing. Some obligations are the same no matter who the parties to a transaction are. Prohibitions on threats, fraud and harm apply universally and their application to transactions in unjust contexts is not disputed. I identify three sources of obligations that are affected by unjust background conditions. First, power disparities may illegitimately influence (...) class='Hi'>transactions in unintentional ways. Second, better-off individuals have duties to ameliorate injustices. These are not specifically duties to those with whom they interact, though often it is easier and more effective to help those with whom one already interacts. Third, the power differentials created by injustice make exploitative transactions more likely. I summarize a transactional account of exploitation and argue that avoiding exploitation is usually easiest to achieve by ensuring that the more powerful party does not obtain an unfair share of the benefits from the transaction. The beneficiaries of a transaction do not have to be only those individuals directly involved in it. Indeed, in many cases it is thought that exploitation may be avoided by providing benefits to third parties. Working out when this is the case requires working out when a contribution or burden on another’s behalf can count towards the avoidance of exploitation. I argue that it counts as such in two main cases: when the people in question are already involved in relationships of reciprocation, and when the individual making the contribution identifies with the interests of the other people. (shrink)

Julian Koplin, drawing extensively on empirical data, has argued that vendors, even in well-regulated kidney markets, are likely to be significantly harmed. I contend that his reasoning to this conclusion is dangerously mistaken. I highlight two failures. First, Koplin is insufficiently attentive to the differences between existing markets and the regulated markets proposed by advocates. On the basis of this error, he wrongly concludes that many harms will persist even in a well-regulated system. Second, Koplin misunderstands the utilitarian assessment of (...) the market. He focuses on the costs and benefits of the transaction for the vendor. But, the relevant comparison is between an individual’s welfare across different courses of action, namely, vending and the nonvending alternative. Although Koplin’s empirically informed contribution is a welcome addition to this literature, the mistakes that pervade his interpretation of the data demand correction. (shrink)

The pro tanto duty not to harm is arguably the most widely accepted basis for moral demand. However, in the case of global poverty, even if we accept that individual members of wealthier nations are responsible for harming the global poor (through their constitution of, or participation in or with, global institutions that harm), it remains difficult to claim that individuals violate a negative duty in doing so. For an agent to hold a duty, that duty must be (...) at least (a) recognizable to a reasonably competent observer, and (b) fulfillable, two criteria which do not appear to be met. This paper argues that we have misunderstood the way in which the global community harms the global poor. As a result, there are a range of acts—the provision of financial aid—which the global community largely fails to undertake and which form a part of violating the negative duty not to harm. In relation to these global acts, it is straightforward for individuals both to recognize what they would need to do to avoid participating in the harm of global poverty and to achieve that avoidance: individuals simply need to provide financial aid. As such, assuming that individuals are culpable for the harms committed by intersecting global institutions, then their participation in harm also violates a negative duty not to inflict such harm. This opens up a further remedial duty to provide financial aid for past harms committed. (shrink)

This article aims to effectuate a paradigm shift in the way we view cases involving pure advantage-taking in contract formation. By ‘pure advantage-taking’ it is meant that D in some sense took ‘unfair advantage of’ a special bargaining weakness or vulnerability that D found ‘ready-made’ in P: D neither caused P’s relevant weakness or vulnerability nor otherwise was legally responsible for relieving it.Certain undue influence and unconscionable dealing cases (for example) fit this scenario perfectly, yet senior Commonwealth courts consistently assert (...) (or imply) that the doctrines of undue influence and unconscionable dealing are ordered, ostensibly exclusively, by a common law precept against interpersonal exploitation, and that judges are, when they invoke those doctrines, responding precisely to that particular concern. It is argued here, however, that the exploitation concept serves, or ought to be seen as serving, no necessary justificatory function in relation to state-assisted rescission or suppression of contracts objectively formed at common law. Instead, a principle of (what I shall call) ‘transactional neglect’ should be seen to eclipse and subsume the exploitation concept as the prevailing justification for interference with apparent contracts in pure ‘unfair advantage’ situations. The advocated shift is thus away from ‘exploitation’ towards ‘transactional neglect’—D’s corrective liability for failure to take reasonable precautions against the risk of foreseeable transactional harm to P, when P and D were, knowingly to D at the time, bargaining under conditions that make ‘exploitation’ possible. (shrink)

This article provides an ISCT analysis of commercial bribery focused on transaction cost economics. In the language of Antitrust, commercial bribery is a form of vertical arrangement subject to the same efficiency analysis that has found other vertical arrangements potentially beneficial to consumers. My analysis shows that actions condemned as commerical bribery in the Honda case may well have benefited Honda's dealer network once promotional free riding and other forms of rent seeking by dealers are considered. I propose that the (...) term "commercial bribery" should be avoided until after an ISCT analysis shows that the community is likely to have been harmed. The term "third-party payments" is a more ethically neutral term with which to begin the analysis. (shrink)

Online gambling companies claim that they are ethical providers. They seem committed to corporate social responsibility (CSR) practices that are aimed at preventing or minimising the harm associated with their activities. Our empirical research employed a sample of 209 university student online gamblers, who took part in an online survey. Our findings suggest that the extent of online problem gambling is substantial and that it adversely impacts on the gambler's mental and physical health, social relationships and academic performance. Online (...) problem gambling seems to be related to the time spent on the Internet and gambling online, parental/peer gambling and binge drinking. As our findings show that there are harmful repercussions associated with online gambling, we argue that companies in this controversial sector cannot reach the higher level of CSR achieved by other industries. Nevertheless, they can gain legitimacy on the basis of their CSR engagement at a transactional level, and so, by meeting their legal and ethical commitments and behaving with transparency and fairness, the integrity of the company can be ensured. We also argue that current failures in the implementation and control of CSR policies, the reliance on revenue from problem gamblers' losses, and controversial marketing activities appear to constitute the main obstacles in the prevention or minimisation of harm related to online gambling. As online gambling companies must be responsible for the harm related to their activities, we suggest that CSR policies should be fully implemented, monitored and clearly reported; all forms of advertising should be reduced substantially; and unfair or misleading promotional techniques should be banned. The industry should not rely on revenue from problem gamblers, nor should their behaviour be reinforced by marketing activities (i.e. rewards). We realise, however, that it is unrealistic to expect the online gambling industry to prioritise harm prevention over revenue maximisation. Policy makers and regulators, therefore, would need to become involved if the actions suggested above are to be undertaken. CSR is paramount to minimise harm and provide a healthier user experience in this business sector, but it also poses marketing dilemmas. We support a global collaborative approach for the online gambling industry, as harm related to gambling is a public health issue. (shrink)

This article provides an ISCT analysis of commercial bribery focused on transaction cost economics. In the language of Antitrust, commercial bribery is a form of vertical arrangement subject to the same efficiency analysis that has found other vertical arrangements potentially beneficial to consumers. My analysis shows that actions condemned as commerical bribery in the Honda case (1996) may well have benefited Honda's dealer network once promotional free riding and other forms of rent seeking by dealers are considered. I propose that (...) the term "commercial bribery" should be avoided until after an ISCT analysis shows that the community is likely to have been harmed. The term "third-party payments" is a more ethically neutral term with which to begin the analysis. (shrink)

Ten years ago, researchers using event-related brain potentials to study language comprehension were puzzled by what looked like a Semantic Illusion: Semantically anomalous, but structurally well-formed sentences did not affect the N400 component—traditionally taken to reflect semantic integration—but instead produced a P600 effect, which is generally linked to syntactic processing. This finding led to a considerable amount of debate, and a number of complex processing models have been proposed as an explanation. What these models have in common is that they (...) postulate two or more separate processing streams, in order to reconcile the Semantic Illusion and other semantically induced P600 effects with the traditional interpretations of the N400 and the P600. Recently, however, these multi-stream models have been called into question, and a simpler single-stream model has been proposed. According to this alternative model, the N400 component reflects the retrieval of word meaning from semantic memory, and the P600 component indexes the integration of this meaning into the unfolding utterance interpretation. In the present paper, we provide support for this “Retrieval–Integration ” account by instantiating it as a neurocomputational model. This neurocomputational model is the first to successfully simulate the N400 and P600 amplitude in language comprehension, and simulations with this model provide a proof of concept of the single-stream RI account of semantically induced patterns of N400 and P600 modulations. (shrink)

Record of papers given at a symposium held at the University of Texas at Austin, April 1967; includes; C.J. Fillmore - The case for case; E. Bach - Nouns and noun phrases; J.D. McCawley - The role of semantics in a grammar; P. Kiparsky Linguistic universals and linguistic change.

Expectation-based theories of language comprehension, in particular Surprisal Theory, go a long way in accounting for the behavioral correlates of word-by-word processing difficulty, such as reading times. An open question, however, is in which component of the Event-Related brain Potential signal Surprisal is reflected, and how these electrophysiological correlates relate to behavioral processing indices. Here, we address this question by instantiating an explicit neurocomputational model of incremental, word-by-word language comprehension that produces estimates of the N400 and the P600—the two most (...) salient ERP components for language processing—as well as estimates of “comprehension-centric” Surprisal for each word in a sentence. We derive model predictions for a recent experimental design that directly investigates “world-knowledge”-induced Surprisal. By relating these predictions to both empirical electrophysiological and behavioral results, we establish a close link between Surprisal, as indexed by reading times, and the P600 component of the ERP signal. The resultant model thus offers an integrated neurobehavioral account of processing difficulty in language comprehension. (shrink)

This book is intended to help transform epistemology - the traditional study of knowledge - into a rigorous discipline by removing conceptual roadblocks and developing formal tools required for a fully naturalized epistemology. The evolutionary approach which Harms favours begins with the common observation that if our senses and reasoning were not reliable, then natural selection would have eliminated them long ago. The challenge for some time has been how to transform these informal musings about evolutionary epistemology into a rigorous (...) theoretical discipline capable of complementing current scientific studies of the evolution of cognition with a philosophically defensible account of meaning and justification. (shrink)

Conventional wisdom has it that evolution makes a sham of morality, even if morality is an adaptation. I disagree. I argue that our best current adaptationist theory of meaning offers objective truth conditionsfor signaling systems of all sorts. The objectivity is, however, relative to species – specifically to the adaptive history of the signaling system in question. While evolution may not provide the kind of species independent objective standards that (e.g.) Kantians desire, this should be enough for the practical work (...) of justifying our confidence in the objectivity of moral standards. If you believe morality is an adaptation, you should be a moral realist. (shrink)

Abstract:According to his own account, Russell was “led to” the Theory of Descriptions by “the desire to avoid Meinong’s unduly populous realm of being”. This “official view” has been subjected to severe criticism. However stimulating this criticism may be, it is too extreme and therefore not critical enough. It fails to fully acknowledge both the way it is itself opposed to Russell and the way Russell and Meinong were opposed to their opponents. In order to avoid these failures, a more (...) “dialectical” kind of analysis will be applied. It leads to unravelling two confusions shared by the official and the unofficial views: the confusion between conception and adoption of the theory of descriptions and the confusion between three varieties of Meinongianism. By means of these distinctions both a significant kernel of truth contained in Russell’s account and the underlying motive for his distortion of the historical facts can be laid bare. (shrink)

Moral norms are the rules of morality, those that people actually follow, and those that we feel people ought to follow, even when they don’t. Historically, the social sciences have been primarily concerned with describing the many forms that moral norms take in various cultures, with the emerging implication that moral norms are mere arbitrary products of culture. Philosophers, on the other hand, have been more concerned with trying to understand the nature and source of rules that all cultures ought (...) to follow, with relatively little regard for what people actually do. The tension between the two approaches has to do with whether there are any standards higher than the whims of culture in determining right and wrong. Typically, the social sciences say “no”, pointing at the diversity of moral beliefs. Most philosophers (along with people of moral conviction) feel that there must be some deeper source of morality than the trends and fads of culture. Unfortunately, the nature and source of such standards has remained something of a mystery. Recent work on the evolution of norms has changed this picture dramatically. (shrink)

Empirical research in the field of legal interpretation shows that, in many cases, analogy argumentation is complex rather than simple. Traditional analytical approaches to analogy argumentation do not explore that complexity. In most cases analogy argumentation is reconstructed as a simple form of argumentation that consists of two premises and a conclusion. This article focuses on the question of how to analyze and evaluate complex analogy argumentation. It is shown how the pragma-dialectical approach provides clues for analyzing complex analogy argumentation (...) and how the criteria for evaluating analogy argumentation can be used to reconstruct these types of complex analogy argumentation in Dutch case law. The critical questions in the argumentation scheme do not only serve as a tool for analyzing arguments justifying analogy argumentation, but are also helpful in analyzing arguments against a specific analogy argumentation. (shrink)

The concept of information tempts us as a theoretical primitive, partly because of the respectability lent to it by highly successful applications of Shannon’s information theory, partly because of its broad range of applicability in various domains, partly because of its neutrality with respect to what basic sorts of things there are. This versatility, however, is the very reason why information cannot be the theoretical primitive we might like it to be. “Information,” as it is variously used, is systematically ambiguous (...) between whether it involves continuous or discrete quantities, causal or noncausal relationships, and intrinsic or relational properties. Many uses can be firmly grounded in existing theory, however. Continuous quantities of information involving probabilities can be related to information theory proper. Information defined relative to systems of rules or conventions can be understood relative to the theory of meaning . A number of causal notions may possibly be located relative to standard notions in physics. Precise specification of these distinct properties involved in the common notion of information can allow us to map the relationships between them. Consequently, while information is not in itself the kind of single thing that can play a significant unifying role, analyzing its ambiguities may facilitate headway toward that goal. (shrink)

Information theory offers a measure of "mutual information" which provides an appropriate measure of tracking efficiency for the naturalistic epistemologist. The statistical entropy on which it is based is arguably the best way of characterizing the uncertainty associated with the behavior of a system, and it is ontologically neutral. Though not appropriate for the naturalization of meaning, mutual information can serve as a measure of epistemic success independent of semantic maps and payoff structures. While not containing payoffs as terms, mutual (...) information places both upper and lower bounds on payoffs. This constitutes a non-trivial relationship to utility. (shrink)

Using a new method, we examined whether incidental perception of need-rewarding (positive) objects unintentionally prepares motor action. Participants who varied in their level of need for water were presented with glasses of water (and control objects) that were accompanied by go and no-go cues that required a response (key-press) or withholding a response. Importantly, if need-rewarding objects unintentionally prepare action, presentation of no-go cues should lead to motor inhibition of these prepared motor impulses. Consistent with this hypothesis, results showed that (...) participants relatively high in need for water (and hence, who perceive water as a rewarding, positive object) were slower to react to a successive action probe after withholding a response during perception of water than during perception of the control object, suggesting motor inhibition of unintentionally prepared motor impulses. We propose that incidental perception of need-rewarding objects unintentionally potentiates preparation of motor action to these objects. (shrink)

It is common in attempts to extend the theory of evolution to culture to generalize from the causal basis of biological evolution, so that evolutionary theory becomes the theory of copying processes. Generalizing from the formal dynamics of evolution allows greater leeway in what kinds of things cultural entities can be, if they are to evolve. By understanding the phenomenon of cultural transmission in terms of coordinated phenotypic variability, we can have a theory of cultural evolution which allows us to (...) avoid the various difficulties with the elaboration of informational entities such as the cultural replicator, or meme. Such an account is a boon to the project of evolutionary epistemology since it confirms the presumption in favor of the general adaptiveness of culture, illuminating rather than obscuring the inherent intimacy of our relationship to (e.g.) our ideas. (shrink)

Existing research demonstrates a positive connection between psychedelics and increased nature relatedness. Enhanced affective ties toward nature are widely framed as being built into the pharmakon itself, and the relevance of experiences remains little understood. This paper turns to neoshamanic ayahuasca ceremonies in Europe, exploring the way specialists and attendants refer to nature in speech and performance. I argue that ritual framings performed during these ceremonies provide fertile ground for affective ties to emerge through substance‐induced experiences. I trace such framings (...) by exploring how medicine and healers are being coded; how specific materialities are rendered meaningful; and how individual experiences are discussed at such retreats. I argue that even while participants prioritize individual healing, personal development, or the satisfaction of psychonautical curiosity, environmentalism appears to be anchored by the proceedings themselves. Thus, this paper opens up for analysis ceremonial substance use as a contact zone where coherence is produced intersubjectively. (shrink)

Skyrms describes how evolutionary models are helping us understand unselfish or cooperative behaviour in humans and animals. Mechanisms which can stabilize cooperative behaviour are sensitive to population densities, however. This creates the need for agent-based evolutionary models which depict individual interactions, spatial locations, and stochastic effects. One such model suggests that hostile environments may provide conditions conducive to the emergence and stabilization of cooperative behaviour. In particular, simulations show that random extinctions can keep population densities low, provide ongoing colonization opportunities, (...) and insulate cooperative communities from invasion. Agent-based and population models play complementary roles in furthering our understanding evolutionary processes. (shrink)

Empirical research has discovered that experimental subjects in ultimatum bargaining situations generally fail to play the decision-theoretic optimum strategy, and instead play something between that strategy and a fair split. In evolutionary dynamics, fair division and nearly fair division strategies often go to fixation and weakly dominated strategies can do quite well. Computer simulations were done using three different ultimatum bargaining games as determinates of fitness. (1) No tendency toward the elimination of weakly dominated strategies was observed, with or without (...) mutation. (2) Strategies making fair demands had sizable basins of attraction. (3) In a system where five different demands can be made, demands closest to (approximately) 91% had the largest basins of attraction. (4) If the strategies have thresholds for acceptable demands, rather than individuated responses to each demand, the apparent optimum demand may be quite low: 64% for one set of trials. (shrink)

BackgroundIn about one in 10,000 cases, a published article is retracted. This very often means that the results it reports are flawed. Several authors have voiced concerns about the presence of retracted research in the memory of science. In particular, a retracted result is propagated by citing it. In the published literature, many instances are given of retracted articles that are cited both before and after their retraction. Even worse is the possibility that these articles in turn are cited in (...) such a way that the retracted result is propagated further.MethodsWe have conducted a case study to find out how a retracted article is cited and whether retracted results are propagated through indirect citations. We have constructed the entire citation network for this case.ResultsWe show that directly citing articles is an important source of propagation of retracted research results. In contrast, in our case study, indirect citations do not contribute to the propagation of the retracted result.ConclusionsWhile admitting the limitations of a study involving a single case, we think there are reasons for the non-contribution of indirect citations that hold beyond our case study. (shrink)

Evolving signaling systems can be said to induce partitions on the space of world states as they approach equilibrium. Formalizing this claim provides a general framework for understanding what it means for language to “cut nature at its seams”. In order to avoid taking our current best science as providing the adaptive target for all evolving systems, the state space of the world must be characterized exclusively in terms of the coincidence of stimuli and payoffs that drives the evolution of (...) cognitive complexity. Cognition exploits the reliable clustering of events in this space. Using this framework to analyze our ordinary concepts of truth and justification, it appears that while justification can be a simple matter of conforming to historically entrenched strategies, truth cannot be fully specified on the basis of the system’s causal history, but requires a robust clustering in the larger world state space. (shrink)

In August 2019, the fifth international congress of the 'International Association for the Study of the Philosophy of Edith Stein' (IASPES) took place at the University of Cologne. Of the 57 papers presented at this prominent conference prepared and chaired by the historian and theologian Harm Klueting, 54 were accepted for publication in revised versions. Professor Klueting was able to add three other contributions -- among them by the director of the Research Institute of the German Province of the (...) Carmelites at Bamberg, the historian and theologian Edeltraud Klueting, who acts as co-editor. The congress volume, published only a little more than a year after the congress despite significant constraints due to the Corona pandemic, contains 29 contributions in English, 21 in German, and seven in Spanish or French on the subjects 'Biographical questions', 'Edith Stein and thinkers of the past', 'Edith Stein and other contemporary thinkers', 'Anthropology -- Women and men', 'Philosophy -- phenomenology and Christian philosophy', 'Society and politics', 'Theology and spirituality', and 'Experiences with Edith Stein'. (shrink)

In legal decisions standpoints can be supported by formal and also by substantive interpretative arguments. Formal arguments consist of reasons the weight or force of which is essentially dependent on the authoritativeness that the reasons may also have: In this connection one may think of linguistic and systemic arguments. On the other hand, substantive arguments are not backed up by authority, but consist of a direct invocation of moral, political, economic, or other social considerations. Formal arguments can be analyzed as (...) exclusionary reasons: The authoritative character excludes—in principle—substantial counterarguments. Formal arguments are sometimes used to conceal value judgements based on substantial arguments. This paper deals with reconstructing problems regarding this strategic use of formal arguments in legal decisions, with a focus on linguistic argumentation. (shrink)