I address the view that the classical electromagnetic potentials are shown by the Aharonov–Bohm effect to be physically real. I give a historico-philosophical presentation of this view and assess its prospects, more precisely than has so far been done in the literature. Taking the potential as physically real runs prima facie into ‘gauge-underdetermination’: different gauge choices represent different physical states of affairs and hence different theories. This fact is usually not acknowledged in the literature, neither by proponents nor by opponents (...) of the potentials view. I then illustrate this theme by what I take to be the basic insight of the AB effect for the potentials view, namely that the gauge equivalence class that directly corresponds to the electric and magnetic fields is too wide, i.e., the Narrow Equivalence Class encodes additional physical degrees of freedom: these only play a distinct role in a multiply-connected space. There is a trade-off between explanatory power and gauge symmetries. On the one hand, this narrower equivalence class gives a local explanation of the AB effect in the sense that the phase is incrementally picked up along the path of the electron. On the other hand, locality is not satisfied in the sense of signal locality, viz. the finite speed of propagation exhibited by electric and magnetic fields. It is therefore intellectually mandatory to seek desiderata that will distinguish even within these narrower equivalence classes, i.e. will prefer some elements of such an equivalence class over others. I consider various formulations of locality, such as Bell locality, local interaction Hamiltonians, and signal locality. I show that Bell locality can only be evaluated if one fixes the gauge freedom completely. Yet, an explanation in terms of signal locality can be accommodated by the Lorenz gauge: the potentials propagate in waves at finite speed. I therefore suggest the Lorenz gauge potentials theory—an even narrower gauge equivalence relation—as the ontology of electrodynamics. (shrink)

Ex aequo et bono compensations refer to tribunal’s compensations that cannot be determined exactly according to the rule of law, in which case the judge relies on an estimate that seems fair for the case at hand. Such cases are prone to legal uncertainty, given the subjectivity that is inherent to the concept of fairness. We show how basic principles from statistics and machine learning may be used to reduce legal uncertainty in ex aequo et bono judicial decisions. For a (...) given type of ex aequo et bono dispute, we consider two general stages in estimating the compensation. First, the stage where there is significant disagreement among judges as to which compensation is fair. In that case, we let judges rule on such disputes, while a machine tracks a certain measure of the relative differences of the granted compensations. In the second stage that measure, which expresses the degree of legal uncertainty, has dropped below a predefined threshold. From then on legal decisions on the quantity of the ex aequo et bono compensation for the considered type of dispute may be replaced by the average of previous compensations. The main consequence is that this type of dispute is, from this stage on, free of legal uncertainty. (shrink)

Brownlee rethinks human rights theory to reflect the fact that we are deeply social creatures. Our core social needs, for meaningful social inclusion, are more important than, and essential to, our civil, political, and economic needs. This grounds a right against social deprivation and a right to the resources to sustain other people.

Arendt's innovation is to recognize that this countenancing of others is an aesthetic experience that creates the political world.Curtis plumbs the relevance of ...

What is the best question reductionists would have to answer but cannot, and why exactly is there no reductionist answer to that question? To answer this question, we need to identify the relevant question.

In 1974, the United States Congress asked a question prompting a national conversation about ethics: which ethical principles should govern research involving human participants? To embark on an answer, Congress passed the National Research Act, and charged this task to the newly established National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Commission’s mandate was modest however, the results were anything but. The outcome was The Belmont Report: a trio of principles - respect for persons, (...) beneficence, and justice - serving as an ethical compass for scientists, researchers, and institutional review boards (IRBs). Almost 50 years later, the utility, legacy, and ingenuity of The Belmont Report continues to be both admired and challenged. Critics argue that Belmont is not fit for the 21st century, while supporters praise Belmont for its enduring wisdom. The goal of this paper is to equip IRB practitioners with the tools necessary to maximally interpret The Belmont Report and meaningfully engage in ethical analysis that reconsiders outmoded legacy thinking and fixed decision-making. Through historical and contextual reflection, this paper describes how IRB practitioners can contemporize review of ethical human research using their moral imagination – a skill found at the intersection of creativity, deliberation, and empathy. (shrink)

This collection gives George Yancy’s transformative work in social and political philosophy and the philosophy of race the critical attention it has long deserved. Contributors apply perspectives from disciplines including philosophy, sociology, education, communication, peace and conflict studies, religion, and psychology.

Although contemporary powers metaphysics largely understands itself as a metaphysical realist undertaking, recently powers have come to the surface also within an idealist context. This paper aims to characterize and motivate an absolute idealist conception of powers. I compare realist and idealist powers metaphysics in their respective responses to Humean scepticism concerning powers, thereby motivating the claim that the very idea of a power is actually best understood as an idealist idea. I continue to characterize the absolute idealist’s understanding of (...) power, for which it is necessary to see that the content of her power notion is inseparable from the way in which she arrives at that notion. I close with a brief reflection on the absolute idealist’s understanding of the power of thought, which is where idealist and realist powers metaphysics diverge most radically. (shrink)

Power enthusiasts are engaged in two projects: developing a decent metaphysical account of powers, and applying that account in order to make progress on various other philosophical issues, ranging from narrowly related topics such as causality to further removed ones such as free will, reasoning, or perception. I argue that an intermediate step may be taken, one that explores ‘varieties of power’ while still staying within the realm of, of ‘pure’ powers metaphysics. Taking this intermediate step provides a much more (...) interesting basis for those involved in project, ‘applied’ powers metaphysics. I articulate four such varieties of power by exploring various dimensions in which the explanatory profile of a power can be extended. I then briefly survey how these relate to various further metaphysical issues. (shrink)

Sorensen (1992) has provided two modal-logical schemas to reconstruct the logical structure of two types of destructive thought experiments: the Necessity Refuter and the Possibility Refuter. The schemas consist of five propositions which Sorensen claims but does not prove to be inconsistent.We show that the five propositions, as presented by Sorensen, are not inconsistent, but by adding a premise (and a logical truth), we prove that the resulting sextet of premises is inconsistent. Häggqvist (2009) has provided a different modal-logical schema (...) (Counterfactual Refuter), which is equivalent to four premises, again claimed to be inconsistent. We show that this schema also is not inconsistent, for similar reasons. Again, we add another premise to achieve inconsistency. The conclusion is that all three modal-logical reconstructions of the arguments that accompany thought experiments, two by Sorensen and one by Häggqvist, have now been made rigorously correct. This may inaugurate new avenues to respond to destructive thought experiments. (shrink)

Background Institutional review board (IRB) expertise is necessarily limited by maintaining a manageable board size. IRBs are therefore permitted by regulation to rely on outside experts for review. However, little is known about whether, when, why, and how IRBs use outside experts.Methods We conducted a national survey of U.S. IRBs to characterize utilization of outside experts. Our study uses a descriptive, cross-sectional design to understand how IRBs engage with such experts and to identify areas where outside expertise is most frequently (...) requested.Results The survey response rate was 18.4%, with 55.4% of respondents reporting their institution’s IRB uses outside experts. Nearly all respondents who reported using outside experts indicated they do so less than once a month, but occasionally each year (95%). The most common method of identifying an outside expert was securing a previously known subject matter expert (83.3%). Most frequently, respondents sought consultation for scientific expertise not held by current members (69.6%). Almost all respondents whose IRBs had used outside experts reported an overall positive impact on the IRB review process (91.5%).Conclusions Just over half of the IRBs in our sample report use of outside experts; among them, outside experts were described as helpful, but their use was infrequent overall. Many IRBs report not relying on outside experts at all. This raises important questions about what type of engagement with outside experts should be viewed as optimal to promote the highest quality review. For example, few respondents sought assistance from a Community Advisory Board, which could address expertise gaps in community perspectives. Further exploration is needed to understand how to optimize IRB use of outside experts, including how to recognize when expertise is lacking, what barriers IRBs face in using outside experts, and perspectives on how outside expert review impacts IRB decision-making and review quality. (shrink)

Ordinary interactions are the primary vehicle through which we show respect, give social pleasure, and grease the wheels of healthy sociality. When we do an interactional wrong to someone, we not only convey disrespect by disregarding their interactional needs, but also cause them social pain and erode healthy social relations. Interactional ethics – the study of the ethics of interacting – concerns both our conduct within our interactions and our broader interactional style. The existing philosophical literature in this area has (...) not yet provided a detailed analysis of the three discrete stages of an ordinary interaction – the initiation stage, the execution stage, and the conclusion stage – or of the specific wrongs beyond disrespect that we can do at each stage. This article develops novel and useful tools to analyse interactional wrongs that both compromise our wellbeing by causing us social pain and threaten healthy sociality. It then distinguishes various patterns of interactional wrongdoing – i.e. interactional vices – that we can manifest as we seek to control with whom we interact and how. (shrink)

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

Pfeiffer, Kimberley We've heard it happening more than once. A couple uses IVF to fall pregnant then later down the track they conceive naturally. Confusing, right? Aren't they supposed to be infertile? Isn't that why people request this invasive and expensive procedure in the first place? Well, a recent study shows that more than 40% of women aged between 28 and 36 years that report having a history of infertility achieved subsequent births without using any form of reproductive assistance1. (...) Which raises the question, what does it mean to be infertile? (shrink)

Pfeiffer, Kimberley Review of: Conflicts of Conscience in Health Care: An Institutional Compromise, by Holly Fernandez-Lynch, Massachusetts Institute of Technology Press, 2008.

This article shows that associative freedom is not what we tend to think it is. Contrary to standard liberal thinking, it is neither a general moral permission to choose the society most acceptable to us nor a content-insensitive claim-right akin to the other personal freedoms with which it is usually lumped such as freedom of expression and freedom of religion. It is at most (i) a highly restricted moral permission to associate subject to constraints of consent, necessity and burdensomeness; (ii) (...) a conditional moral permission not to associate provided our associative contributions are not required; and (iii) a highly constrained, content sensitive moral claim-right that protects only those wrongful associations that honour other legitimate concerns such as consent, need, harm and respect. This article also shows that associative freedom is not as valuable as we tend to think it is. It is secondary to positive associative claim-rights that protect our fundamental social needs and are pre-conditions for any associative control worth the name. (shrink)

This collection gives George Yancy's transformative work in social and political philosophy and the philosophy of race the critical attention it has long deserved. Contributors apply perspectives from disciplines including philosophy, sociology, education, communication, peace and conflict studies, religion, and psychology.

Values -- Tolerance -- Tolerant people -- Being tolerant of family -- Being tolerant of friends -- Being tolerant of neighbours -- Ways to be tolerant -- Being aware of others -- Respecting different kinds of families -- Accepting other cultures -- Including others -- Learning from others -- Being patient -- Personal set of values.

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. We review each of these claims (...) and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

In this paper I argue that racism’s subtle and insidious reach should lead us to prefer an account of religious experience that is capable of reckoning with that reach, an account that, I shall argue, appears in the work of St. John of the Cross. The paper begins with an analysis of race and racism and the way in which the latter can have existential and even spiritual effects. The argument is then applied particularly to white people and the deleterious (...) effects racism has on their intellects, wills, and even memories, not merely inwardly but also as a result of what Charles Mills famously calls an epistemology of ignorance. Notably, intellect, will, and memory are the key sites for union in St. John’s discussion. In the last main section, I discuss how progress in the mystical life can be hindered by racism’s effects even while it is possible for there to be “touches of union” on the way. Another result of this inquiry is that it shows how a widely-used schema, such as St. John’s, will require spiritual aspirants to deal with racism, both in themselves and in the world. (shrink)

A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in (...) policy is required. When disobedients and authorities target each other, their confrontation allows for a direct comparison of the respective justifiability of their conduct. Their confrontation is explored in this paper with an eye to analysing how civil disobedients and authorities should engage with each other. (shrink)

In her seminal essay ‘Causality and Determination’, Elizabeth Anscombe very decidedly announced that “physical indeterminism” is “indispensable if we are to make anything of the claim to freedom”. But it is clear from that same essay that she extends the scope of that claim beyond freedom–she suggests that indeterminism is required already for animal self-movement. Building on Anscombe’s conception of causality and determinism, I will suggest that it extends even further: life as such already requires physical indeterminism. Furthermore, I show (...) that we can, on this basis, arrive at the idea of varieties of determinism, along with a corresponding variety of incompatibilist theses. From this Anscombean vantage point, the free will discussion takes on a quite different outlook. The question whether free agency can coexist with determinism on the level of blind physical forces, which preoccupies the philosopher of free will, turns out to conflate a whole series of compatibility questions: not just whether life is compatible with physical determinism, but also whether animal self-movement is compatible with ‘biological determinism’, and whether free agency is compatible with ‘animal determinism’. (shrink)

Applications of sexual selection theory to humans lead us to expect that because of mammalian sex differences in obligate parental investment there will be gender differences in fitness variances, and males will benefit more than females from multiple mates. Recent theoretical work in behavioral ecology suggests reality is more complex. In this paper, focused on humans, predictions are derived from conventional parental investment theory regarding expected outcomes associated with serial monogamy and are tested with new data from a postreproductive cohort (...) of men and women in a primarily horticultural population in western Tanzania (Pimbwe). Several predictions derived from the view that serial monogamy is a reproductive strategy from which males benefit are not supported. Furthermore, Pimbwe women are the primary beneficiaries of multiple marriages. The implications for applications of sexual selection theory to humans are discussed, in particular the fact that in some populations women lead sexual and reproductive lives that are very different from those derived from a simple Bateman-Trivers model. (shrink)

Job crafting has been established as a bottom-up work design instrument for promoting health and well-being in the workplace. In recent years, the concepts of job crafting have been applied to the university student context, proving to be positively related to student well-being. Building on person-centered analyses from the employment context, we assessed approach study crafting strategy combinations and the relationships to students’ exhaustion, study engagement, and general well-being. Data from 2,882 German university students were examined, collected online during the (...) summer term in 2020. Using latent profile analysis, we found five distinct crafting groups, which showed discriminate validity with regard to emotional exhaustion, engagement, and well-being. The results underscore the positive role of study crafting for students’ health and well-being. They further indicate a less important role of increasing social resources for emotional exhaustion when combined with a moderate increase in structural resources and a moderate increase in challenging demands. Our findings imply that interventions to promote study crafting should be considered to promote student health and well-being. (shrink)

Brain–Computer Interface (BCI) technology is a promising research area in many domains. Brain activity can be interpreted through both invasive and non-invasive monitoring devices, allowing for novel, therapeutic solutions for individuals with disabilities and for other non-medical applications. However, a number of ethical issues have been identified from the use of BCI technology. In this paper, we review the academic discussion of the ethical implications of BCI technology in the last five years. We conclude that some emerging applications of BCI (...) technology—including commercial ventures that seek to meld human intelligence with AI—present new and unique ethical concerns. Further, we seek to understand how academic literature on the topic of BCIs addresses these novel concerns. Similar to prior work, we use a limited sample to identify trends and areas of concern or debate among researchers and ethicists. From our analysis, we identify two key areas of BCI ethics that warrant further research: the physical and psychological effects of BCI technology. Additionally, questions of BCI policy have not yet become a frequent point of discussion in the relevant literature on BCI ethics, and we argue this should be addressed in future work. We provide guiding questions that will help ethicists and policy makers grapple with the most important issues associated with BCI technology. (shrink)

This chapter explores the contours of our freedoms to enter into and leave particular associations with particular people. The chapter highlights the fact that often our associations with each other are morally complex and, indeed, morally wrong. This moral complexity stems partly from the fact that associations are necessarily intersubjective: they affect the social needs, claims, and freedoms of at least two people. When our associations are morally wrong, we must determine whether they can be protected nonetheless by our sphere (...) of associative freedom. The chapter shows that our sphere of associative freedom depends greatly on the character and consequences of our associations (or dissociations). The chapter also shows that, under certain conditions, freedom of association is less important than other associative rights, such as the positive associative claim‐rights of utterly dependent people. (shrink)

This chapter inquires into an initially rather startling claim Sebastian Rödl makes in his Self-Consciousness and Objectivity (SC&O): that the power of judgment is not a power among other powers, but rather “the power” (p. 60). It traces Rödl’s sophisticated understanding of powers, as presented in SC&O, in terms of a distinction between “simple powers”, such as a pear tree’s power to blossom, on the one hand, and “self-conscious powers”, such as the power of judgment, on the other. Reflection on (...) related distinctions that SC&O makes between forms of explanation and forms of necessity yields the insight that these two kinds of power cannot be kept apart. The chapter discusses various attempts to bring them together in a satisfactory way and concludes with a proposal in which the idea of givenness plays a central role, in such a way that the initially startling claim can be seen to make sense. (shrink)

Civil Dialogue on Abortion provides a cutting-edge discussion between two philosophy scholars on each side of the abortion debate. Bertha Alvarez Manninen argues for her pro-choice view, but also urges respect for the life of the fetus, while Jack Mulder argues for his pro-life view, but recognizes that for the pro-life movement to be consistent, it must urge society to care more for the vulnerable. Coming together to discuss their views, but also to seek common ground, the two authors (...) show how their differing positions nevertheless rest upon some common convictions. The book helps to provide a way forward for a divide that has only seemed to widen the aisle of public discourse in recent years. This engaging book will prove essential reading for students across multiple disciplines, including applied ethics, medical ethics, and bioethics, but will also be of interest to students of religious studies and women's studies. (shrink)

Human rights debates neglect social rights. This paper defends one fundamentally important, but largely unacknowledged social human right. The right is both a condition for and a constitutive part of a minimally decent human life. Indeed, protection of this right is necessary to secure many less controversial human rights. The right in question is the human right against social deprivation. In this context, ‘social deprivation’ refers not to poverty, but to genuine, interpersonal, social deprivation as a persisting lack of minimally (...) adequate opportunities for decent human contact and social inclusion. Such deprivation is endured not only in arenas of institutional segregation by prisoners and patients held in long-term solitary confinement and quarantine, but also by persons who suffer less organised forms of persistent social deprivation. The human right against social deprivation can be fleshed out both as a civil and political right and as a socio-economic right. The defence for it faces objections familiar to human rights theory such as undue burdensomeness, unclaimability, and infeasibility, as well as some less familiar objections such as illiberality, intolerability, and ideals of the family. All of these objections can be answered. (shrink)

Introduction ADAM CURETON AND KIMBERLEY BROWNLEE Disability and disadvantage are interrelated topics that raise important and sometimes overlooked issues in ...

This Reply offers my answers to Cheshire Calhoun’s, Elizabeth Brake’s, and Monika Betzler’s wonderful contributions to the Criminal Law and Philosophy symposium on Being Sure of Each Other (2020). Their contributions focus respectively on the conceptual and normative foundations of my defence of our human rights to have adequate social inclusion, the harms that might flow from recognising such rights as human rights, and the impact such rights can have on our most intimate relations. My replies aim both to clarify (...) and solidify the argumentative basis for my account and to show that whatever harms and wrongs might dog the recognition of social human rights are nothing compared to the injustices that flow–and have long-flowed–from ignoring or attacking these rights. (shrink)

Anscombe’s 1971 inaugural lecture at Cambridge, entitled ‘Causality and Determination’, has had a lasting influence on a remarkably broad range of philosophers and philosophical debates, touching on fundamental topics in philosophy of science, action theory, the free will debate, epistemology, philosophy of mind, and metaphysics. Especially where anti-reductionist or pluralist strands of philosophical thought are being seriously considered, one should not be surprised to find references to Anscombe’s lecture. Moreover, there appears to be a growing interest in Anscombe’s comprehensive philosophical (...) outlook, as attested by the recent publication of a weighty collection of essays spanning that outlook in its full breadth in the prestigious Routledge Philosophical Minds series. Against this background it is apt that now, 50 years after the original lecture, a Topical Collection sees the light, circling around the most central themes from Anscombe’s lecture, with a particular emphasis on the question how these hang together, how they form part of the larger philosophical project that Anscombe obviously intended the lecture to highlight. This Introduction motivates the Topical Collection, and introduces the various contributions against that background. (shrink)

Human–wildlife interactions have existed for thousands of years, however as human populations increase and human impact on natural ecosystems becomes more intensive, both parties are increasingly being forced to compete for resources vital to both. Humans can value wildlife in many contexts promoting coexistence, while in other situations, such as crop-raiding, wildlife conflicts with the interests of people. As our closest phylogenetic relatives, chimpanzees in particular occupy a special importance in terms of their complex social and cultural relationship with humans. (...) A case study is presented that focuses on the Bossou chimpanzees’ perspective of their habitat in the Republic of Guinea, West Africa, by highlighting the risks and opportunities presented by a human-dominated landscape, and detailing their day-to-day coexistence with humans. Understanding how rural people perceive chimpanzees and how chimpanzees adapt to living in anthropogenic environments will enhance our understanding of how people-wildlife interactions develop into situations of conflict and therefore can generate sustainable solutions to prevent or mitigate situations of conflict. (shrink)

Living together peacefully in a world of differences asks for a practice of respecting the irreducible difference of the other. Acknowledging this `not-me' of the other subject generates an in-between: a space/time between subjects that cannot be transgressed other than by violence. Following Irigaray, I argue that this `in-between' comes about through the passion of wonder, a being touched in the flesh in the encounter with the other, which opens the subject to him/herself and to the other. To perceive this (...) touch asks for a life-style directed at keeping open and sensitizing the sensibilities of the senses, so that the subject's aesthesis or awareness for the perceptions of the sensible flesh and of its reactions to the other is heightened. Key-element in this aesthetics is the practice of breathing. It enables the subject to remain rooted in him/or herself and open to the other: generating and respecting the in-between between them. (shrink)