Hauser defends the proposition that our languages of thought are public languages. One group of arguments points to the coincidence of clearly productive (novel, unbounded) cognitive competence with overt possession of recursive symbol systems. Another group relies on phenomenological experience. A third group cites practical and methodological considerations: Occam's razor and the "streetlight principle" (other things being equal, look under the lamp) that motivate looking for instantiations of outer languages in thought first.

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed in (...) the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

This paper aims to illuminate some issues in the equality, priority, or what debate. I characterize egalitarianism and prioritarianism, respond to the view that we should care about sufficiency or compassion rather than equality or priority, discuss the levelling down objection, and illustrate the significance of the distinction between prioritarianism and egalitarianism, establishing that the former is no substitute for the latter. In addition, I respond to Bertil Tungodden's views regarding the Slogan, the levelling down objection, the Pareto Principle, leximin, (...) the principle of personal good, strict moderate egalitarianism, the Hammond Equity Condition, the intersection approach, and non-aggregative reasoning. (shrink)

"Simone Weil's bibliography": p. [181]-194. Includes index. Introduction / George Abbott White -- The jagged edge / Michele Murray -- Simone Weil's mind / Robert Coles -- The life and death of Simone Weil / J.M. Cameron -- Simone Weil, last things / Michele Murray -- Simone Weil's Iliad / Michael K. Ferber -- Notes on Simone Weil's Iliad / Joseph H. Summers -- Patriotism and The need for roots / Conor Cruise O'Brien -- Marxism-Leninism and the language of (...) Politics magazine / Staughton Lynd -- Simone Weil's work experiences / George Abbott White. (shrink)

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

Now, twenty years later, this collection of fifteenessays brings her work into dialogue with those philosophical views that are at center stage today-- in critical theory, communitarianism, virtue theory, and feminism.

1. Introduction. The papers by Hellman and Mayo offer up a rich menu of problems and proposed solutions, so there is much here for a friendly critic to fasten on. In order to bring a modicum of focus to my commentary, I shall limit my remarks to the Duhem problem and its radiations in epistemology and methodology. Both Mayo and Hellman claim to have solutions to that hoary old problem and they tout these solutions as key indicators of the explanatory (...) power of their respective technical epistemologies, whether Bayesian or Neyman/Pearsonian. Like Mayo, I shall be arguing that the Bayesian treatment of Duhem's problem is no solution at all; that, indeed, it fails to grapple with the core challenges posed by the purported ambiguities of falsification. My response to Mayo's more detailed, and I think more right-headed, treatment of the Duhem problem will be more complex. While I believe that she is moving in the right direction in many respects, I think that she fails to see one key dimension of the Duhemian conundrum. Indeed, she risks solving not Duhem's problem but quite a different one. I shall gently try to encourage her to steer her way back towards the central task. (shrink)

It is difficult, if not impossible, to so define the term as to satisfy a subtle and metaphysical mind, bent on the detection of some point, however attenuated, upon which to hang a criticism. —Supreme Court of Virginia 1.

Money plays a powerful role in modern medicine, both in terms of how health services are organized and delivered and increasingly in how physicians understand themselves and their work. The phrase “the hegemony of money” is intended to capture that power.

This text addresses various topics in applied ethics from Western and non-Western perspectives. Multicultural perspectives are fully integrated throughout the text.

The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.

Most cognitive psychology experiments evaluate models of human cognition using a relatively small, well-controlled set of stimuli. This approach stands in contrast to current work in neuroscience, perception, and computer vision, which have begun to focus on using large databases of natural images. We argue that natural images provide a powerful tool for characterizing the statistical environment in which people operate, for better evaluating psychological theories, and for bringing the insights of cognitive science closer to real applications. We discuss how (...) some of the challenges of using natural images as stimuli in experiments can be addressed through increased sample sizes, using representations from computer vision, and developing new experimental methods. Finally, we illustrate these points by summarizing recent work using large image databases to explore questions about human cognition in four different domains: modeling subjective randomness, defining a quantitative measure of representativeness, identifying prior knowledge used in word learning, and determining the structure of natural categories. (shrink)

Christian Scientists' refusal of medical care for their children illustrates the kind of conflict over moral and practical authority that can arise between groups in a pluralistic society. While consensus may not be possible, changes in the way both groups socialize members may allow the medical and Christian Science communities to achieve a compromise that is respectful to both.

The ethicist's role in the clinical context is not presently well defined. Ethicists can be thought of as moralists, technicians, Sophists, or as teachers and learners. Each of these roles is examined in turn. An argument is made for the ethicist as a teacher who must also learn a great deal about the clinical setting in order to encourage an effective critical examination of basic values. Four specific tasks of this teaching role are discussed: describing moral experience, eliciting assumptions, considering (...) multiple alternatives and justifying choices. (shrink)

Zombies recently conjured by Searle and others threaten civilized philosophy of mind and scientific psychology as we know it. Humanoid beings that behave like us and may share our functional organizations and even, perhaps, our neurophysiological makeups without qualetative conscious experiences, zombies seem to meet every materialist condition for thought on offer and yet -- the wonted intuitions go -- are still disqualefied from being thinking things. I have a plan. Other zombies -- good zombies -- can battle their evil (...) cousins to a standoff. Perhaps even defeat them. Familiar zombies and supersmart zombies resist disqualefication, making the world safe, again, for materialism. Behavioristic materialism. Alas for functionalism, good zombies still eat programs. Alas for identity theory, all zombies -- every B movie fan knows -- eat brains. (shrink)

The practice of confessing one's sexual sins has historically provided boys and men with mixed messages. Engaging in coercive sex is publicly condemned; yet it is treated as not significantly different from other transgressions that can be easily forgiven. We compare Catholic confessional practices to those of psychoanalytically oriented male writers on masculinity. We argue that the latter is no more justifiable than the former, and propose a progressive confessional mode for discussing male sexuality.

Drew Leder's Clinical Interpretation: The Hermeneutics of Medicine [1] is an essay which understates its case and thereby opens itself to misinterpretation. This response to Leder argues for a more thorough-going hermeneutic for both medicine and science. At the conceptual as well as the practical level, modern medicine and its scientific foundations are hermeneutic enterprises. The purpose of this essay is to argue that we should not back away from this more radical thesis. Embracing it will result in less alienation (...) of physicians from patients, and of physicians from the tasks of medicine. (shrink)

The contribution of Eduard Zeller (1814-1908) relating to history of philosophy concerns almost exclusively the history of ancient philosophy and, in particular, the history of Greek philosophy. The results he obtained in the field of philological research as well as his efforts to achieve scientific accuracy enhanced modern criteria of the history of philosophy. Various revisers and editors of his great work "The philosophy of the Greeks" improved it by important complements due to new results provided by research in the (...) course of its historical development. (shrink)

Kuttner and Rosenblum's presentation of the "only objective evidence for consciousness" is criticized for not adequately defining consciousness , not providing at the outset an explanation of the philosophical-theoretical interpretation of quantum theory that would lead to a direct rationale for their "impossible" quantum experiments, and suggesting that data from their impossible experiments could be treated as non-theoretical "facts." It is concluded that Kuttner and Rosenblum fail to objectify consciousness.

Emerging action perspectives on psychopathology depict individuals as actively shaping those environmental conditions that then impact on their risk for psychopathology, resilience in the face of it, and successful recovery from it. This view, although having important implications for research and clinical practice, has yet to be articulated in terms of its underlying philosophical framework. To begin to address this challenge, we situate action theory in the context of the writings of Deleuze and Guattari, who, in their seemingly anti-psychiatric series (...) entitled Capitalism and Schizophrenia, argue for the central role of human agency as a fundamentally active force in determining subjective life. Within this context, they propose an alternative approach to the current deficit focus of much psychopathology research, replacing the notion of deficit with a fundamentally productive notion of desire (what they call “desiring-production”). After our exposition of this philosophical perspective on human agency, implications of this approach for action-informed research and clinical practice are discussed. (shrink)

Medical decision making on behalf of unrepresented patients is one of the most challenging ethical issues faced in clinical practice. The legal environment surrounding these patients is equally complex. This article describes the efforts of a small coalition of interested healthcare professionals to address the issue in Colorado. A brief history of the effort is presented, along with discussion of the legal, ethical, practical, and political dimensions that arose in Colorado’s effort to address decision making for unrepresented patients through an (...) extension of the existing Colorado Medical Treatment Decision Act (CRS 15-18). A discussion of lessons learned in the process is included. (shrink)