In this article Judith Jarvis Thomson's Good Samaritan Argument in defense of abortion in the case of rape is defended from two objections: the Kill vs. Let Die Objection, and the Intend to Kill vs. Merely Foresee Death Objection. The article concludes that these defenses do not defend Thomson from further objections from Peter Singer and David Oderberg.

The following article is a report on inevitable intervention in the current state of affairs in well-intended and well-funded projects based on obsolete categorization of art and science. After unsatisfactory outcomes, on the disappointment of project directors themselves, a productive collaboration between artists and scientists is still desperately sought after, without considering with subtlety a re-categorization that is already happening. This intervention is an ‘in advance reminder’ for foreseeable recognition of the current state of affairs, a reminder of the sensibility (...) necessary to recognize, as soon as possible, the accelerating rate at which concepts are continuously becoming obsolete, and the increasing fluidity of our intellectual and intuitive production. (shrink)

As the title indicates, This paper represents an examination of the relationships obtaining among the concepts of foresight, Intention, And responsibility. It begins with a critical analysis of the legal and quasi-Moral principle of the resumption of intentionality (i.E., An agent is presumed to have intended the "foreseeable" consequences of her intentional actions). It is shown that, While legally indispensable, It will simply not withstand philosophical scrutiny for purposes of ascribing moral responsibility. I proceed eventually to an evaluation of a (...) proposal which would make foresight itself a sufficient--Though not a necessary--Condition for the ascription of responsibility. The strengths and weaknesses of such a proposal are assessed within both legal and moral contexts. Having distinguished between what I term the "hard-Liners" vs. The "soft-Liners" to the debate, I give my reasons for aligning myself with the hard-Liners (i.E., Those who might be sympathetically inclined to my alternate proposal). (shrink)

Theoretical defenses of the principle of double effect (pde) due to Quinn, Nagel and Foot are claimed to face severe difficulties. But this leaves those of us who see something in the case-based support for the pde without a way of accounting for our judgments. This article proposes a novel principle it calls the mismatch principle, and argues that the mismatch principle does better than the pde at accounting for our judgments about cases and is also theoretically defensible. However, where (...) the pde makes claims about the permissibility of actions, the mismatch principle makes claims only about the evaluation of agents; and where the pde explains the cases in terms of intending harm, the mismatch principle explains them in terms of a quite different feature of the agent's will. (shrink)

Proponents of “broad scope” theories of intention argue that agents cannot intend to achieve given ends without intending certain inevitable or probable consequences. I shall argue that some Thomistic variants of these theories collapse into the Expectation View (EV), i.e., that we intend to produce all of the consequences that we expect to result from our actions. I shall then raise four objections to EV. First, EV falsely implies that we intend to produce all of the expected (...) beneficial consequences of our actions. Second, EV falsely renders altruistic self-sacrifice a species of suicide. Third, EV falsely implies that medical interventions with probable fatalities must involve intentional killing even when, of the available options, they offer the most likely prospects of long-term survival. Fourth, EV falsely implies that foreseeably fatal actions must involve intentional killing even when they will foreseeably prolong the agent’s life before killing him. (shrink)

The distinction between harm that is intended as a means or end, and harm that is merely a foreseen side-effect of one’s action, is widely cited as a significant factor in a variety of ethical contexts. Many use it, for example, to distinguish terrorist acts from certain acts of war that may have similar results as side-effects. Yet Bennett and others have argued that its application is so arbitrary that if it can be used to cast certain harmful actions in (...) a more favorable light, then it can equally be manipulated to do the same for any kind of harmful action. In response, some have tried to block such extensions of the intend/foresee distinction by rejecting its application in cases where the relation between the plainly intended means and the harm is “too close”. This move, however, has been attacked as vague and obscure, and Bennett has argued that all the plausible candidates for explicating the idea of excessive closeness ultimately fail. In this paper, I develop and defend an account of excessive closeness with the aim of rescuing the intend/foresee distinction from such charges of arbitrariness. The account is based on the distinction between merely causal and constitutive relations among states of affairs, and I show both how it escapes Bennett’s objections to other accounts and how it applies to a variety of cases. Finally, I also examine Quinn’s alternative move of shifting the focus of the intend/foresee distinction in an attempt to sidestep the issue of closeness, and argue that it is not ultimately successful. In fact, Quinn’s view has shortcomings that can be resolved only by returning to an appeal to some notion of closeness, underscoring the need for the sort of account I offer. (shrink)

For many years, moral philosophers have been debating the conceptual and moral status of the distinction between intending harm and foreseeing harm. In this paper, after surveying some of the objections to the moral significance of this distinction in general, I focus on the special case of state action, arguing that whatever reasons we have to be suspicious about the distinction's moral significance in general, we have very good reasons to believe it lacks intrinsic moral significance when applied to state (...) action. After arguing for this claim, I pursue in a preliminary way some of its implications. (shrink)

What grounds the moral significance of the intend/foresee distinction? To put the question another way, what reason do we have for believing that moral absolutes apply with respect to intended effects, but not foreseeable but unintended (bad) effects? Joseph Boyle has provided an answer that relies on the idea that persons can find themselves in situations of “moral impossibility”—situations in which every available option foreseeably will give rise to bad effects. However, Robert Anderson has put Boyle’s answer into (...) question by arguing, in essence, as follows: the choice to do nothing gives rise to no effects at all; one can always simply choose to do nothing; therefore, it is not the case that situations of moral impossibility obtain. In response, Boyle has argued that Anderson’s conception of the effects of the choice to do nothing is implausible and, further, that the choice to do nothing gives rise to effects just as do other choices. In this essay, I address and extend this debate. (shrink)

We typically assume that there is a difference between foreseeing an effect of one's voluntary action and intending the effect. Call the view that there is such a difference 'the Ordinary View'. My dissertation is a defense of the Ordinary View against two recent challenges. ;The first challenge to the Ordinary View I call "Holism". The upshot of the holist's position is that we intend all the foreseen effects of our voluntary actions. I begin by considering and arguing against (...) a couple of different versions of holism. ;The second challenge to the Ordinary View is made by Jonathan Bennett. Bennett argues that there is no unproblematic way to mark off effects of action which are intended as a means from effects which are merely foreseen. His conclusion is that the notion 'indended as a means' is incoherent. ;These challenges to the Ordinary View are of interest because they threaten to undermine the Doctrine of Double Effect which claims that whether an agent intends or merely foresees a harmful effect of action sometimes matters to the moral permissibility of performing the action. In response to Bennett, I first examine a view put forth by Warren Quinn. Quinn concedes to Bennett that the distinction between intended versus merely foreseen effects faces serious problems, but attempts to limit the ethical implications of Bennett's challenge by offering a replacement principle for DDE which he believes is not subject to Bennett's objection. I defend Quinn's replacement principle against certain recent attacks in the literature, but point out that Quinn's replacement principle really doesn't escape Bennett's objection. I then return to Bennett's objection and argue that it rests upon two false assumptions. I conclude that the Ordinary View withstands the two challenges. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

I have long been an admirer of Raimo Tuomela’s work in the philosophy of action. In this paper I will address a disagreement between Tuomela and Michael Bratman about intention and trying. I will argue that each disputant is partly right and partly wrong.

There is, as some public figures have asserted, a real moral difference between creating embryos expressly for medical research and conducting research on embryos that are left over from infertility treatments. To create an embryo intending all along to destroy it is worse. But in the end, it isn't so much worse that we should ban all nonreproductive cloning.

There are a number of cases where, collectively, groups cause harm, and yet no single individual’s contribution to the collective makes any difference to the amount of harm that is caused. For instance, though human activity is collectively causing climate change, my individual greenhouse gas emissions are neither necessary nor sufficient for any harm that results from climate change. Some (e.g., Sinnott-Armstrong) take this to indicate that there is no individual moral obligation to reduce emissions. There is a collective action (...) problem here, to which I offer a solution. My solution rests on an argument for a (sometimes) bare moral difference between intending harm and foreseeing with near certainty that harm will result as an unintended side-effect of one’s action. I conclude that we have a moral obligation to reduce our individual emissions; and, more broadly, an obligation to not participate in many other harmful group activities (e.g., factory-farming). (shrink)

God vs. the Gavel challenges the pervasive assumption that all religious conduct deserves constitutional protection. While religious conduct provides many benefits to society, it is not always benign. The thesis of the book is that anyone who harms another person should be governed by the laws that govern everyone else - and truth be told, religion is capable of great harm. This may not sound like a radical proposition, but it has been under assault since the 1960s. The majority of (...) academics and many religious organizations would construct a fortress around religious conduct that would make it extremely difficult to prosecute child abuse by clergy, medical neglect of children by faith-healers, and other socially unacceptable behaviors. This book intends to change the course of the public debate over religion by bringing to the public's attention the tactics of religious entities to avoid the law and therefore harm others. (shrink)

This paper reports completeness results for dyadic deontic logics in the tradition of Hansson’s systems. There are two ways to understand the core notion of best antecedent-worlds, which underpins such systems. One is in terms of maximality, and the other in terms of optimality. Depending on the choice being made, one gets different evaluation rules for the deontic modalities, but also different versions of the so-called limit assumption. Four of them are disentangled, and compared. The main observation of this paper (...) is that, even in the partial order case, the contrast between maximality and optimality is not as significant as one could expect, because the logic remains the same whatever notion of best is used. This is established by showing that, given analogous properties for the betterness relation, the same system is sound and complete with respect to its intended modelling. The chief result of this paper concerns Åqvist’s system F supplemented with the principle of cautious monotony. It is established that, under the maximality rule, F + is sound and complete with respect to the class of models in which the betterness relation is required be reflexive and smooth . From this, a number of spin-off results are obtained. First and foremost, it is shown that a similar determination result holds for optimality; that is, under the optimality rule, F + is also sound and complete with respect to the class of models in which the betterness relation is reflexive and smooth . Other spin-off results concern classes of models in which further constraints are placed on the betterness relation, like totalness and transitivity. (shrink)

While the tradition of Locke scholarship holds that both Locke and Boyle are species anti-realists, there is evidence that this interpretation is false. Specifically, there has been some recent work on Boyle showing that he is, unlike Locke, a species realist. In this paper I argue that once we see Boyle as a realist about natural species, it is plausible to read some of Locke’s most formidable anti-realist arguments as directed specifically at Boyle’s account of natural species. This is a (...) break from the tradition because no one in the literature has yet suggested that some of Locke’s arguments in Book III of the Essay include a criticism of Boyle’s doctrine of species. Moreover, identifying Boyle as Locke’s intended target illuminates some of the more vexing passages in the Essay concerning real essences. (shrink)

In this paper we investigate the history of relationalism and its present use in some interpretations of quantum mechanics. In the first part of this article we will provide a conceptual analysis of the relation between substantivalism, relationalism and relativism in the history of both physics and philosophy. In the second part, we will address some relational interpretations of quantum mechanics, namely, Bohr’s relational approach, the modal interpretation by Kochen, the perspectival modal version by Bene and Dieks and the relational (...) interpretation by Rovelli. We will argue that all these interpretations ground their understanding of relations in epistemological terms. By taking into account the analysis on the first part of our work, we intend to highlight the fact that there is a different possibility for understanding quantum mechanics in relational terms which has not been yet considered within the foundational literature. This possibility is to consider relations in ontological terms. We will argue that such an understanding might be capable of providing a novel approach to the problem of representing what quantum mechanics is really talking about. (shrink)

Warren Quinn suggests a presumption against usefully involving others in foreseeably harmful agency. Frances Kamm offers her Party Case, in which one throws a party only because one expects one’s guests will feel indebted to clean up, to argue that Quinn’s presumption should not apply to all agency undertaken because it will bring about this involvement but only to agency in which this involvement is intended. I offer impermissible and intentional variants of Party Case and consider other cases to argue (...) that the permissibility of usefully involving others depends on their independent rights, rather than whether their involvement is intended. (shrink)

Substructural pluralism about the meaning of logical connectives is best understood as the view that natural language connectives have all (and only) the properties conferred by classical logic, but that particular occurrences of these connectives cannot simultaneously exhibit all these properties. This is just a more sophisticated way of saying that while natural language connectives are ambiguous, they are not so in the way classical logic intends them to be. Since this view is usually framed as a means to resolve (...) paradoxes, little attention is paid to the logical properties of the ambiguous connectives themselves. The present paper sets out to fill this gap. First, I argue that substructural logicians should care about these connectives; next, I describe a consequence relation between a set of ambiguous premises and an ambiguous conclusion, and review the logical properties of ambiguous connectives; and finally, I highlight how ambiguous connectives can explain our intuitions about logical rivalry. (shrink)

In his paper, “Human Germline Genome Editing: On the Nature of Our Reasons to Genome Edit,” Rob Sparrow argues that “genome editing is highly unlikely to be person affecting for the foreseeable fut...

Although company narratives frequently emphasize impressive sales numbers and market leadership, such an organizational “top dog” narrative can backfire when companies are accused of engaging in unethical conduct. This research demonstrates, through a series of nine (_N_ = 3872) experimental studies, that an organizational top dog (vs. underdog) narrative increases the intended punishment of company moral transgressions but not non-moral transgressions. Such differences in intended punishment emerge because observers infer that organizations with a top dog narrative use predominantly dominance-based strategies (...) to achieve their status, whereas companies with an underdog narrative are less likely perceived as employing such strategies. We provide preliminary evidence that a debiasing intervention decreases the harsher punishment of organizations with a top dog narrative but does not affect the punishment of organizations with an underdog narrative. (shrink)

The pessimistic induction is built upon the uniformity principle that the future resembles the past. In daily scientific activities, however, scientists sometimes rely on what I call the disuniformity principle that the future differs from the past. They do not give up their research projects despite the repeated failures. They believe that they will succeed although they failed repeatedly, and as a result they achieve what they intended to achieve. Given that the disuniformity principle is useful in certain cases in (...) science, we might reasonably use it to infer that present theories are true unlike past theories. Hence, pessimists have the burden to show that our prediction about the fate of present theories is more likely to be true if we use the uniformity principle than if we use the disuniformity principle. (shrink)

Most contemporary bioethicists believe that Western bioethical principles, such as the principle of autonomy, are universally binding wherever bioethics is found. According to these bioethicists, these principles may be subject to culturally‐conditioned further interpretations for their application in different nations or regions, but an ‘abstract content’ of each principle remains unchanged, which provides ‘an objective basis for moral judgment and international law’. This essay intends to demonstrate that this is not the case. Taking the principle of autonomy as an example, (...) this essay argues that there is no such shared ‘abstract content’ between the Western bioethical principle of autonomy and the East Asian bioethical principle of autonomy. Other things being equal, the Western principle of autonomy demands self‐determination, assumes a subjective conception of the good and promotes the value of individual independence, whilst the East Asian principle of autonomy requires family‐determination, presupposes an objective conception of the good and upholds the value of harmonious dependence. They differ from each other in the most general sense and basic moral requirement. (shrink)

Does it matter morally whether a bomber who kills civilians in a raid intends to do so as a means to weakening the enemy or merely foresees he will do so in his attempt to destroy a munitions factory? Does it matter morally whether a nurse who gives a terminally ill patient a lethal dose of painkiller intends to do so as a means to ending the patient's life or merely foresees she will do so in her attempt to alleviate (...) the patient's pain? Those who answer affirmatively rest moral weight on the notion of intending to do something as a means. But giving an adequate analysis of this notion has proved difficult. In ‘Intending as a Means,’ Kwong-Loi Shun criticizes two attempts at analyzing this notion, one which he attributes to Jonathan Bennett and the other which he attributes to Thomas Nagel. Shun thinks both Bennett's and Nagel's analyses identify intending to bring about S as a means with aiming at S and offers examples which he believes show ‘an agent need not aim at what he intends to bring about.’ In making his objection to Bennett and Nagel, Shun introduces his own criterion for intending as a means. (shrink)

Does it matter morally whether a bomber who kills civilians in a raid intends to do so as a means to weakening the enemy or merely foresees he will do so in his attempt to destroy a munitions factory? Does it matter morally whether a nurse who gives a terminally ill patient a lethal dose of painkiller intends to do so as a means to ending the patient's life or merely foresees she will do so in her attempt to alleviate (...) the patient's pain? Those who answer affirmatively rest moral weight on the notion of intending to do something as a means. But giving an adequate analysis of this notion has proved difficult. In ‘Intending as a Means,’ Kwong-Loi Shun criticizes two attempts at analyzing this notion, one which he attributes to Jonathan Bennett and the other which he attributes to Thomas Nagel. Shun thinks both Bennett's and Nagel's analyses identify intending to bring about S as a means with aiming at S and offers examples which he believes show ‘an agent need not aim at what he intends to bring about.’ In making his objection to Bennett and Nagel, Shun introduces his own criterion for intending as a means. (shrink)

Contemporary "essentialism", if we want to provide a succinct, yet sufficiently rigorous characterization, may be summarized in the thesis that some common terms are rigid designators. [1] By the quotation marks I intend to indicate that I regard this as a somewhat improper (though, of course, permitted) usage of the term (after all, nomina significant ad placitum [2]). In contrast to this, essentialism, properly so-called, is the Aristotelian doctrine summarizable in the thesis--as we shall see, no less rigorous in (...) its own theoretical context--that things have essences. (shrink)

How is epistemology related to the issue of teaching science and evolution in the schools? Addressing a flashpoint issue in our schools today, this book explores core epistemological differences between proponents of intelligent design and evolutionary scientists, as well as the critical role of epistemological beliefs in learning science. Preeminent scholars in these areas report empirical research and/or make a theoretical contribution, with a particular emphasis on the controversy over whether intelligent design deserves to be considered a science alongside Darwinian (...) evolution. This pioneering book coordinates and provides a complete picture of the intersections in the study of evolution, epistemology, and science education, in order to allow a deeper understanding of the intelligent design vs. evolution controversy. This is a very timely book for teachers and policy makers who are wrestling with issues of how to teach biology and evolution within a cultural context in which intelligent design has been and is likely to remain a challenge for the foreseeable future. (shrink)

How is epistemology related to the issue of teaching science and evolution in the schools? Addressing a flashpoint issue in our schools today, this book explores core epistemological differences between proponents of intelligent design and evolutionary scientists, as well as the critical role of epistemological beliefs in learning science. Preeminent scholars in these areas report empirical research and/or make a theoretical contribution, with a particular emphasis on the controversy over whether intelligent design deserves to be considered a science alongside Darwinian (...) evolution. This pioneering book coordinates and provides a complete picture of the intersections in the study of evolution, epistemology, and science education, in order to allow a deeper understanding of the intelligent design vs. evolution controversy. This is a very timely book for teachers and policy makers who are wrestling with issues of how to teach biology and evolution within a cultural context in which intelligent design has been and is likely to remain a challenge for the foreseeable future. (shrink)

The doctrine of double effect is a principle of crucial importance in law and medicine. In medicine, the principle is generally accepted to apply in cases where the treatment necessary to relieve pain and physical suffering runs the risk of hastening the patient’s death. More controversially, it has also been used as a justification for withdrawal of treatment from living individuals and physician-assisted suicide. In this paper, I will critique the findings of the controversial Victorian Civil and Administrative Tribunal hearing (...) Syme vs the Medical Board of Australia. In that hearing, Dr Rodney Syme, a urologist and euthanasia advocate, was defending his practice of prescribing barbiturates to terminally ill patients. Syme claimed that he prescribed the drugs with the intention of relieving their existential suffering and not to assist in suicide; he argued that the DDE could be applied. Pace VCAT, I argue that this is an illegitimate application of DDE. I argue that a close scrutiny of Syme’s actions reveals that, at the very least, he intended to give patients the option of suicide. He furthermore used what on a traditional definition of DDE would be considered a ‘bad’ means—the prescription of Nembutal—to achieve a ‘good’ end—the relief of suffering. The case demonstrates the crucial importance of analysing an agent’s ‘intention’ and the ‘effects’ of their actions when applying DDE. Ethicists and, indeed, the judiciary need to attend to the ethical complexities of DDE when they assess the applicability of DDE to end of life care. If they fail to do this, the doctrine risks losing its legitimacy as an ethical principle. (shrink)

The following remarks are intended to show that some of Freudenthal's recent criticisms of Bunge'sFoundations of Physics are wide of the mark. Freudenthal sets his criticisms of detail in a framework of some general considerations of the role played by axiomatic theories in the foundations of physics. In particular, he considers the notion of the objects of an axiomatic theory, the relation of an axiomatic theory to reality, and the notion of the transformation group of a theory. These topics are (...) considered below. (shrink)

• In this paper we combine motion captured data with linguistic notions in a game-like intelligent tutoring system, in order to help elementary school students to better differentiate literal from metaphorical uses of motion verbs, based on embodied information. In addition to the thematic goal, we intend to improve young students’ attention and spatiotemporal memory, by presenting sensorimotor data experimentally collected from thirty two participants in our motion capturing labs. Furthermore, we examine the accomplishment of game’s goals and compare (...) them to curriculum’s approach. Sixty nine elementary school students were randomly divided in two experimental groups (game and traditional) and one control group, which did not undergo any intervention. All groups were tested in pre and posttests. Even though the diagnostic pretests present a uniform picture, two way analysis of variance suggests that the experimental groups showed progress in posttests and, more specifically, game group remarkably progressed in the verbs/actions presented during the intervention. Furthermore, in the game condition the participants needed gradually shorter period of time to identify the avatar’s actions. This finding was considered as a first indication of attentional and spatiotemporal memory’s improvement, while the game’s assistance features cultivated students’ metacognitive perception. (shrink)

This paper considers critically the enterprise of naturalizing the subjective experience of acting intentionally. I specifically expose the limits of the model that conceives of agency as composed of two stages. The first stage consists in experiencing an anonymous intention without being conscious of it as anybody's in particular. The second stage disambiguates this anonymous experience thanks to a mechanism of identification and attribution answering the question: "who is intending to act?" On the basis of phenomenological, clinical, methodological and empirical (...) considerations, I contrast the two-stage anonymity-attribution model of agency with an alternative view that intends to bypass these problems by defining agency as intrinsically subjective at the pre-reflective level. (shrink)

In this paper I intend to analyze the possibility of social justice as fair maximal utility starting from two different perspectives about justice – justice as fairness and justice as social choice or mutual advantage. The thesis I defend and reconstruct here is that a co-operative solution can be implemented only in a democratic society where a certain kind of justice principles is applied. This solution, however, is not a solution, if we do not really understand the principles which (...) are being involved in it or if we do not use a proper concept of justice. My proposal here could bring some light both upon this issue and on the logical clarification. In order to realize this, I take into account at least two problems: 1) the problem of compatibility between the announced concept and the existence of social inequalities; 2) Nozick’s objection concerning the compensation of inequalities involved by this kind of justice. I intend to analyze Rawls’ solution of compensatory beneficial in order to test whether it could be considered dangerous for the preservation of equidistance of the rules and, hence, for the justice as impartiality, as Nozick claims in his work Anarchy, State and Utopia, the concept of reasonability which is used here as being complementary to the concept of rationality and useful for this matter. (shrink)

I offer two potential diagnoses of the behavioral norms governing post‐truth politics by comparing the view of language, communication, and truth‐telling put forward by David Lewis (extended by game theorists), and John Searle. My first goal is to specify the different ways in which Lewis, and game theorists more generally, in contrast to Searle (in the company of Paul Grice and Jurgen Habermas), go about explaining the normativity of truthfulness within a linguistic community. The main difference is that for Lewis (...) and game theorists, “truthful” signaling follows from an align- ment of interests, and deception follows from mixed motives leading to the calculation that sending false information is better for oneself. Following in the Enlightenment tradition, Searle argues that practical reasoning, which involves mastery of at least one language, requires that actors intend to communicate. This intention includes constraining the content of statements to uphold veracity conditions. After distinguishing between these two accounts, I will artic- ulate the implications for explaining, and even informing actions, constitutive of post‐truth politics. I argue that the strategic view of communication is suffi- cient neither to model everyday conversation nor to reflect a public sphere useful for democratic govern- ment. Both the pedagogy of strategic communication as cheap talk, and its concordance with new digital information technologies, challenge norms of truthful- ness that underlie modern institutions essential to an effective public sphere. (shrink)

In Strawson’s Entity and Identity, there are two essays (Chapters 11 and 12), which study the notion of context. In these essays, Strawson advances a threefold distinction regarding how context bears on the meaning of 'what is said' when a sentence is uttered. -/- In this paper, we'll (i) review the original scheme of Strawson and summarize his improvements to his own scheme, and (ii) add our own improvements to make it even more thoroughgoing. We'll also show that unless it (...) is elaborated with several considerations (mostly based on our work regarding context as a social construct and contextualizing as a form of social action) it cannot function as a realistic initiative towards building common sense models of how intended meaning is achieved. (shrink)

It seems trivial to identify sound sequences as music or speech, particularly when the sequences come from different sound sources, such as an orchestra and a human voice. Can we also easily distinguish these categories when the sequence comes from the same sound source? On the basis of which acoustic features? We investigated these questions by examining listeners’ classification of sound sequences performed by an instrument intertwining both speech and music: the dùndún talking drum. The dùndún is commonly used in (...) south-west Nigeria as a musical instrument but is also perfectly fit for linguistic usage in what has been described as speech surrogates in Africa. One hundred seven participants from diverse geographical locations (15 different mother tongues represented) took part in an online experiment. Fifty-one participants reported being familiar with the dùndún talking drum, 55% of those being speakers of Yorùbá. During the experiment, participants listened to 30 dùndún samples of about 7s long, performed either as music or Yorùbá speech surrogate (n= 15 each) by a professional musician, and were asked to classify each sample as music or speech-like. The classification task revealed the ability of the listeners to identify the samples as intended by the performer, particularly when they were familiar with the dùndún, though even unfamiliar participants performed above chance. A logistic regression predicting participants’ classification of the samples from several acoustic features confirmed the perceptual relevance of intensity, pitch, timbre, and timing measures and their interaction with listener familiarity. In all, this study provides empirical evidence supporting the discriminating role of acoustic features and the modulatory role of familiarity in teasing apart speech and music. (shrink)

Rationality of science was the topic of two conferences (held in 1988 and 1989) organized by the Department of Philosophy of Science, Institute of Philosophy, Jagiellonian University. Both conferences included a small group of invited speakers. This book contains a selection of papers presented there. It is intended mainly for specialists in the philosophy of science and scientists interested in philosophy. Students and especially postgraduate students would also benefit from reading it. The first conference, 'Popper, Polanyi and the Notion of (...) Rationality', was held from 1 to 5 October 1988 in Janowice. The second conference, 'The Aim and Rationality of Science', was held in Cracow at the Jagiellonian Univer sity, from 4-10 June 1989. The topics of both conferences were inspired by our late friend Dr. Tomasz Kocowski, who many years earlier invited me and my colleagues from the Department to participate in research concerning the problem of creativity, and serve him and other psychologists as methodological advisors. Personal contacts with this intelligent and inquisitive man helped us to realize that we could not fulfill our task while adhering to the received view in the philoso phy of science. This experience helped us to see science not only as scientific knowledge but also as a process of research. We then turned our attention to Michael Polanyi, who seemed to provide the philosophy we were looking for. (shrink)

Gyula begins with a contrast between contemporary scare-quotes essentialism and Aristotelian full-blooded essentialism. The former is a semantic thesis couched in the vocabulary of possible-worlds semantics, holding that some terms are rigid designators, while the latter is a metaphysical thesis, couched in a more ancient vocabulary, holding that things have essences. Gyula argues that the more traditional metaphysical framework deserves reconsideration, both because it can help us with problems arising from the contemporary approach, and because it possesses greater expressive power (...) than the contemporary approach. He presents a fragmentary formal semantics for the traditional approach, and argues that this semantics enables us to see how the problems of contemporary essentialism can be avoided while at the same time other properly metaphysical issues, which are unapproachable from within the contemporary model due to its expressive weakness, become available for investigation. The semantics that he presents seems intended to establish the intelligibility of the traditional vocabulary, and so of the thesis of Aristotelian essentialism which is couched in it. Gyula then argues that this thesis is in fact true, using the vocabulary which the semantics has rendered legitimate. (shrink)

This chapter describes the introduction and diffusion of the Finnish Electronic Identity Card (FINEID card). FINEID establishes an electronic identity (eID), based on the civil registry and placed on an identity chip card issued by Finnish government to Finnish citizens and permanent residents from age 18 and older. It is a non-mandatory electronic identity card introduced in 1999 in order to replace the older citizen ID card. It serves as a travel document and is intended to facilitate access to eGovernment (...) services as well as offering a possibility to sign electronically. Therefore the chip contains two certificates: one for authentication purposes, and one for qualified signatures. The eID function had to compete with the already existing PIN/TAN based TUPAS standard for online authentication for eBanking, eCommerce and eGovernment applications, and has lost this battle by reaching less than one percent of all online authentications. The history, actor constellation, time line and barriers will be described and a few communalities and differences to other countries under study in this special issue will be highlighted. (shrink)

This volume continues the examination of issues of life and death which F.M. Kamm began in Morality, Mortality, Volume I. Kamm continues her development of a non-consequentialist ethical theory and its application to practical ethical problems. She looks at the distinction between killing and letting die, and between intending and foreseeing, and also at the concepts of rights, prerogatives, and supererogation. She shows that a sophisticated non-consequentialist theory can be modelled which copes convincingly with practical ethical issues, and throws considerable (...) light on some of the key distinctions and concepts of ethical discourse. (shrink)

There seem to be many kinds of moral duties. We should keep our promises; we should pay our debts of gratitude; we should compensate those we’ve wronged; we should avoid doing or intending harm; we should help those in need. These constitute, some worry, an unconnected heap of duties: the realm of commonsense morality is a disorganized mess. In this paper, we outline a strategy for unifying commonsense moral duties. We argue that they can be understood in terms of contact (...) with value. You are in contact with a value when you are manifest in it or when it is manifest in you. You have reason to get in contact with the good and avoid contact with evil. And when you’re in contact with a value, the weight of the reasons it grounds are amplified for you. These ideas, we argue, can bring order to the chaos of commonsense morality. (shrink)

ABSTRACTIs offering hazard pay ethically permissible when the pay premium is the only reason that a dangerous job is accepted? Robert C. Hughes argues that it is not. Central to his argument is the claim that in such cases, workers intend the foreseeable risks of harm as a means to the pay premium. Herein I question the plausibility of this claim and then develop a conception of the concept of means sufficient to make it plausible. By so doing, I (...) provide support for Hughes’s stringent position. (shrink)

In this Article, I elaborate on and defend the following argument: There is no moral luck. If there is no moral luck, there should be no legal luck. Therefore, there should be no legal luck and ). If there is no normatively significant difference between the law doing and allowing, or intending and foreseeing, then there is no normatively significant difference between legal luck and just plain luck that has legal implications. There is no normatively significant difference between the law (...) doing and allowing, or intending and foreseeing. Therefore, there is no normatively significant difference between legal luck and just plain luck that has legal implications and ). Therefore, plain luck should have no legal implications and ). (shrink)

In many recent discussions of the morality of actions where both good and bad consequences foreseeably ensue, the moral significance of the distinction between intended and foreseen consequences is rejected. This distinction is thought to bear on the moral status of actions by those who support the Doctrine of Double Effect. According to this doctrine, roughly speaking, to perform an action intending to bring about a particular bad effect as a means to some commensurate good end is impermissible, while performing (...) an action where one intends only this good end and merely foresees the bad as an unintended sideeffect may be permissible. Consequentialists argue that this is a distinction which makes no moral difference to the evaluation of the initial act in the two cases, given that the overall consequences are the same in each case. In this paper we aim to show that a standard consequentialist line of argument against the moral relevance of the intention/foresight distinction fails. Consequentialists commonly reject the moral relevance of this distinction on the grounds that there is no asymmetry in moral responsibility between intending and foreseeing evil. We argue that even if this claim about moral responsibility is correct, it does not entail, as many Consequentialists believe, that there is no moral asymmetry between acts of intended and foreseen evil. We go on to argue that those consequentialists who do concede the moral relevance of the intention/foresight distinction at the level of agent evaluations cannot consistently make such a concession, and that such a position is in any case untenable, because it entails a complete severance of important conceptual connections between act and agent evaluations. (shrink)

In the first part of this article, I raisequestions about Dworkin''s theory of theintrinsic value of life and about the adequacyof his proposal to understand abortion in termsof different ways of valuing life. In thesecond part of the article, I consider hisargument in ``The Philosophers'' Brief on AssistedSuicide'''', which claims that the distinctionbetween killing and letting die is morallyirrelevant, the distinction between intendingand foreseeing death can be morally relevantbut is not always so. I argue that thekilling/letting die distinction can be (...) relevantin the context of assisted suicide, but alsoshow when it is not. Then I consider why theintention/foresight distinction can be morallyirrelevant and conclude by presenting analternative argument for physician-assistedsuicide. (shrink)

In the first part of this article, I raise questions about Dworkin's theory of the intrinsic value of life and about the adequacy of his proposal to understand abortion in terms of different ways of valuing life. In the second part of the article, I consider his argument in "The Philosophers' Brief on Assisted Suicide", which claims that the distinction between killing and letting die is morally irrelevant, the distinction between intending and foreseeing death can be morally relevant but is (...) not always so. I argue that the killing/letting die distinction can be relevant in the context of assisted suicide, but also show when it is not. Then I consider why the intention/foresight distinction can be morally irrelevant and conclude by presenting an alternative argument for physician-assisted suicide. (shrink)

The article explores two recurring themes in the scholarly writings on ‘transferred malice’ the doctrine designed by Anglo-American law to allow full criminal responsibility where the defendant caused harm to a different object than the one he had in mind, due to either accident or mistake. First, in face of the diversity of views advocating the eradication of transferred malice, the article searches for the provinces in which that doctrine should still have relevance to our legal system. It is often (...) assumed that malice cannot transfer amongst different offences, which has led many scholars to conclude that the doctrine is superfluous. The analysis here offered counters both assumption and conclusion alike, as well as the common view that differentiates between the implications of accident and mistake. Second, reflecting on the different criteria proposed to restrict the implementation of transferred malice such as physical and immediate harm to the actual object, remoteness of the actual harm from the harm intended, and foreseeability as to the actual harm the article provides an analytical framework by which to assess these criteria and to determine which of them proves more persuasive. The result is a notion of transferred malice that strikes a favourable balance with the requirement of mens rea. (shrink)

A distinction is made between the function of ethics in clinical medicine, which is to guide the clinician in his/her practice, and the role of the ethicist. It suggests that ethicists can help by clarifying values expressed in various clinical behaviours. The author proposes that certain ethical positions, such as patient advocacy, have compromised the privacy of the doctor-patient relationship and created a potential for ethical leverage through financial-legal consequences they did not intend or foresee.