Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully (...) apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice. (shrink)

This paper addresses the principle of legal certainty, which was central in the work of Bob Brouwer. He both regretted and disputed the decline of this principle in the theory and practice of law, trying to defend it against the spirit of the time. I argue that this attempt was in vain, because it opposes recent developments in law, as is illustrated by a notorious case of the European Court of Human Rights. Moreover, these developments invoke a constructivist account of (...) legal certainty, which opposes Brouwer’s legal positivist account. Additionally, this meta-level shows that legal certainty in its classical form is indefensible, which – of course – does not mean that it is senseless altogether. On the contrary, the principle of legal certainty does have meaning in current legal systems, and it is the task of new generations of young scholars to try to get a grip on it. In doing so, they will undoubtedly make use of Brouwer’s work, which excels both in the depth of thinking and the clarity of writing. (shrink)

Not all scientific explanations work by describing causal connections between events or the world's overall causal structure. In addition, mathematicians regard some proofs as explaining why the theorems being proved do in fact hold. This book proposes new philosophical accounts of many kinds of non-causal explanations in science and mathematics.

Many philosophers argue that explanatoriness plays no special role in confirmation – that “inference to the best explanation” (IBE) incorrectly demands giving hypotheses extra credit for their potential explanatory qualities beyond the credit they already deserve for their predictive successes. This paper argues against one common strategy for responding to this thought – that is, for trying to fit IBE within a Bayesian framework. That strategy argues that a hypothesis’ explanatory quality (its “loveliness”) contributes either to its prior probability or (...) to its likelihood. This paper argues that this strategy fails because it must give different treatments to two hypotheses that are unlovely for the very same reason. The strategy therefore loses the insight into scientific reasoning that its reconstruction in terms of IBE is supposed to provide. The paper then provides a Bayesian account of the confirmatory role of explanatoriness that represents explanatory quality as having an impact in the same place for two hypotheses that are unlovely for the very same reason. This approach works by “putting explanation back into IBE” – that is, by invoking hypotheses that refer explicitly to scientific explanation and by invoking the agent's background opinions regarding the kind of explanation that the evidence is liable to have. On this approach, there is no list of “explanatory virtues” the possession of which always helps to make an explanation better. Rather, for different facts, there are different characteristics that our background knowledge of other explanations gives us some reason to expect the given fact's explanation to possess. (shrink)

This paper examines David Hull’s and Peter Godfrey-Smith’s accounts of biological individuality using the case of biofilms. Biofilms fail standard criteria for individuality, such as having reproductive bottlenecks and forming parent-offspring lineages. Nevertheless, biofilms are good candidates for individuals. The nature of biofilms shows that Godfrey-Smith’s account of individuality, with its reliance on reproduction, is too restrictive. Hull’s interactor notion of individuality better captures biofilms, and we argue that it offers a better account of biological individuality. However, Hull’s notion of (...) interactor needs more precision. We suggest some ways to make Hull’s notion of interactor and his account of individuality more precise. Generally, we maintain that biofilms are a good test case for theories of individuality, and a careful examination of biofilms furthers our understanding of biological individuality. (shrink)

Deleuze's readings of Hume, Spinoza, Bergson and Nietzsche respond to philosophical critiques of classical and modern empiricism. However, Deleuze's arguments against those critiques - by Kant, Hegel, Husserl and Heidegger - consolidate the philosophy of immanence that can be called 'transcendental empiricism'. Marc Rolli offers us a detailed examination of Gilles Deleuze's philosophy of transcendental empiricism. He demonstrates that Deleuze takes up and radicalises the empiricist school of thought developing a systematic alternative to the mainstreams of modern continental philosophy.

Explanation in mathematics has recently attracted increased attention from philosophers. The central issue is taken to be how to distinguish between two types of mathematical proofs: those that explain why what they prove is true and those that merely prove theorems without explaining why they are true. This way of framing the issue neglects the possibility of mathematical explanations that are not proofs at all. This paper addresses what it would take for a non-proof to explain. The paper focuses on (...) a particular example of an explanatory non-proof: an argument that mathematicians regard as explaining why a given theorem holds regarding the derivative of an infinite sum of differentiable functions. The paper contrasts this explanatory non-proof with various non-explanatory proofs of the same theorem. The paper offers an account of what makes the given non-proof explanatory. This account is motivated by investigating the difficulties that arise when we try to extend Mark Steiner’s influential account of explanatory proofs to cover this explanatory non-proof. (shrink)

Biologists and philosophers that debate the existence of the species category fall into two camps. Some believe that the species category does not exist and the term 'species' should be eliminated from biology. Others believe that with new biological insights or the application of philosophical ideas, we can be confident that the species category exists. This paper offers a different approach to the species problem. We should be skeptical of the species category, but not skeptical of the existence of those (...) taxa biologists call 'species.' And despite skepticism over the species category, there are pragmatic reasons for keeping the word 'species.' This approach to the species problem is not new. Darwin employed a similar strategy to the species problem 150 years ago. (shrink)

Philosophy and Phenomenological Research, Volume 99, Issue 3, Page 714-719, November 2019.

. A typical textbook explanation of a rocket’s motion when its engine is fired appeals to momentum conservation: the rocket accelerates forward because its exhaust accelerates rearward and the system’s momentum must be conserved. This paper examines how this explanation works, considering three challenges it faces. First, the explanation does not proceed by describing the forces causing the rocket’s motion. Second, the rocket’s motion has a causal-mechanical explanation involving those forces. Third, if momentum conservation and the rearward motion of the (...) rocket’s exhaust explain why the rocket accelerates forward, then presumably momentum conservation and the rocket’s forward motion likewise explain why the rocket emits exhaust rearward. Explanatory circularity threatens to follow from this pair of explanations. This paper examines how the conservation-law explanation works and how it is compatible with the causal-mechanical explanation. The paper argues that these two explanations do not explain precisely the same fact relative to the same contrast class. The paper interprets the two conservation-law explanations as non-causal and argues that they yield no explanatory circularity. (shrink)

This paper explores the nature of the relationship between corporate social responsibility (CSR) and competitiveness. We start with the commonly held view that firm competitiveness is defined by the market. That is, the question of what are the critical competitiveness factors is answered by looking at how companies and financial analysts describe and evaluate a firm. To analyze this, we review the current state of the art on the relationship between CSR and competitiveness. Second, CSR criteria used by financial analysts (...) is identified and compared with company valuation methods. Third, the results of a multi-stakeholder dialogue on CSR and competitiveness of the European financial sector are presented. As a conclusion, we argue that CSR and competitiveness relate through a learning and innovation cycle, where corporate values, policies and practices are permanently defined and re-defined. Thus, we propose that learning takes place as CSR is embedded in business processes, and that once it has been integrated, in turn, it generates innovative practices, and finally, competitiveness. At the end of the paper, we propose that CSR in practice consists of managing inherent paradoxes generated by the tension between CSR and business policies. (shrink)

Australia’s experience of the COVID-19 pandemic has been widely perceived to have been a successful one, based on the relatively few number of lives lost to the virus compared to the rest of the world. There remain, nonetheless, serious ethical challenges at the heart of the Australian response to COVID-19. The broadly positive outcomes of Australia’s pandemic response mask more troubling developments within its political culture, and the costs it has imposed on its society. This article examines two concerns in (...) particular: the normalisation of fear and emergency through the language and policy responses adopted by governments, and the significant diminution of individual freedoms and human rights. (shrink)

This paper concerns the relation between a proof’s beauty and its explanatory power – that is, its capacity to go beyond proving a given theorem to explaining why that theorem holds. Explanatory power and beauty are among the many virtues that mathematicians value and seek in various proofs, and it is important to come to a better understanding of the relations among these virtues. Mathematical practice has long recognized that certain proofs but not others have explanatory power, and this paper (...) offers an account of what makes a proof explanatory. This account is motivated by a wide range of examples drawn from mathematical practice, and the account proposed here is compared to other accounts in the literature. The concept of a proof that explains is closely intertwined with other important concepts, such as a brute force proof, a mathematical coincidence, unification in mathematics, and natural properties. Ultimately, this paper concludes that the features of a proof that would contribute to its explanatory power would also contribute to its beauty, but that these two virtues are not the same; a beautiful proof need not be explanatory. (shrink)

According to Lange,?Really Statistical explanations? constitute an important kind of non-causalscientific explanation. However, Roski has argued that all alleged RS explanations are either causalexplanations or not explanations at all. In so arguing, Roski has invoked Kahneman?s interpretation of onealleged RS explanation. I employ Roski?s arguments as an opportunity to elaborate and defend RS explanations. Iargue that?RS explanations? genuinely explain rather than deny the presuppositions of why-questions. I argue thatthe RS model is not excessively permissive in allowing some explanations to work (...) purely statistically rather than bydescribing causal relations. I argue that Roski?s view that some?RS explanations? operate by describing causalrelations fails to capture the kind of explanatory insight that RS explanations provide. I elaborate the notion of a?characteristically statistical phenomenon? that figures in the RS model and thereby explain how an RS explanationreveals that its explanandum is independent of any causal facts or specific chances, but rather depends only on ageneric sort of arrangement of chances. Finally, I argue that Roski misinterprets Kahneman, who actually holds thatthe explanation he discusses is a non-causal explanation that nicely fits the RS model. RS explanations constitutean important kind of non-causal scientific explanation. (shrink)

Improper dependencies slant policy over a drug's life span, biasing the development of new drugs, the testing and marketing approval for new drugs, and the monitoring of patient safety after drugs are marketed. This article examines five ways in which the public improperly depends on pharmaceutical firms that compromise the integrity of pharmaceutical policy. Today the public relies on pharmaceutical firms: (1) to set priorities on drug research and development; (2) to conduct clinical trials to test whether drugs are safe (...) and effective; (3) to decide what clinical trial data to disclose to the public; (4) to monitor post marketing drug safety; (5) to supply product information to physicians and to finance continuing medical education and other professional activities. The article suggests options to overcome each of these dependencies. (shrink)

Anticipating the ethical impact of emerging technologies is an essential part of responsible innovation. One such emergent technology is the digital twin which we define here as a living replica of a physical system (human or non-human). A digital twin combines various emerging technologies such as AI, Internet of Things, big data and robotics, each component bringing its own socio-ethical issues to the resulting artefacts. The question thus arises which of these socio-ethical themes surface in the process and how they (...) are perceived by stakeholders in the field. In this report we present the results of a qualitative study into the socio-ethical benefits and socio-ethical risks of using digital twins in healthcare. Employing insights from ethics of technology and the Quadruple Helix theory of innovation, we conducted desk research of white literature and 23 interviews with representatives from the four helixes: industry, research, policy and civil society. The ethical scan revealed several important areas where the digital twin can produce socio-ethical value (e.g., prevention and treatment of disease, cost reduction, patient autonomy and freedom, equal treatment) but also several important areas of socio-ethical risks (e.g., privacy and property of data, disruption of existing societal structures, inequality and injustice). We conclude with a reflection on the employed analytical tool and suggestions for further research. (shrink)

It has frequently been argued recently that Jeffrey Conditionalization (JC) does not permit undermining. For JC to be inapplicable in cases where the evidence could be undermined would severely compromise JC’s range. However, this paper contends that the argument fails to show that JC cannot accommodate undermining. This response turns on using the proper partition to capture the direct impact of our evidence in redistributing our credences.

Through the 1960s, many people claimed that drug advertising was educational and physicians often relied on it. Continuing Medical Education (CME) was developed to provide an alternative. However, because CME relied on grants, industry funders chose the subjects offered. Now policymakers worry that drug firms support CME to promote sales and that commercial support biases prescribing and fosters inappropriate drug use. A historical review reveals parallel problems between advertising and industry-funded CME. To preclude industry influence and improve CME, we should (...) ensure independent funding by taxing medical industries, facilities and physicians. Independent public and professional authorities should create CME curricula. An independent agency should allocate all funds to educational institutions for approved curricula. (shrink)

Many writers claim that human kinds are significantly different from biological and natural kinds. Some suggest that humans kinds are unique because social structures are essential for the etiology of human kinds. Others argue that human cultural evolution is decidedly different from other forms of evolution. In this paper I suggest that the gulf between humans and our biological relatives is not as wide as some argue. There is a taxonomic difference between human and nonhuman organisms, but such factors as (...) social structure and cultural evolution do not distinguish us from many other organisms. (shrink)

Intentions and emotions arise together, and emotions compel us to pursue goals. However, it is not clear when emotions become objects of awareness, how emotional awareness changes with goal pursuit, or how psychological and neural processes mediate such change. We first review a psychological model of emotional episodes and propose that goal obstruction extends the duration of these episodes while increasing cognitive complexity and emotional intensity. We suggest that attention is initially focused on action plans and their obstruction, and only (...) when this obstruction persists does focal attention come to include emotional states themselves. We then model the self-organization of neural activities that hypothetically underlie the evolution of an emotional episode. Phases of emotional awareness are argued to parallel phases of synchronization across neural systems. We suggest that prefrontal activities greatly extend intentional states while focal attention integrates emotional awareness and goal pursuit in a comprehensive sense of the self in the world. (shrink)

What is the purpose of political theoretical endeavour and what methods should the early 21st-century political theorist employ? These questions – which touch on issues which go to the very heart of the vocation of political theory – have become increasingly contentious in recent years. The period since the late 1980s has been one in which theorists have increasingly disagreed not only about conventional matters of normative contention but also about the means by which to seek to resolve them. This (...) article examines a central tension that has characterized that general methodological disagreement, namely the place of empirical inquiry within the repertoire of the professional political theorist. Having carefully examined the contentions of an eclectic range of contributors to the debate, including G.A. Cohen, Alasdair MacIntyre and David Miller, this article argues that efforts either wholly to separate empirical investigation from normative enquiry or to bind the two ever-closer together are fraught with difficulties. It concludes by contending that political theorists ought to take aspects of the empirical political and social sciences extremely seriously while avoiding the temptation to have their normative agenda dictated to them by the contingent pressures of the here and now. (shrink)

Several philosophers have argued that ‘constraints’ constrain (and thereby explain) by virtue of being modally stronger than ordinary laws of nature. In this way, a constraint applies to all possible systems, for a variety of possibility that is broader (that is, more inclusive) than the variety we employ when we say that the ordinary laws of nature apply to all physically possible systems. Explanations by constraint are thus more broadly unifying than ordinary causal explanations. Philosophical examples of good candidates for (...) constraints have heretofore been drawn almost exclusively from fundamental physics. This paper argues for the existence of such constraints (even multiple levels of them) in at least one human science (linguistics), not just in physics. (shrink)

This chapter presents arguments positing that there is an important sense in which it takes more than all of the actual kinds to make a world, contrary to the popular saying that goes “it takes all kinds to make a world.” In a variety of ways, the various species of elementary particles are ideal cases of natural kinds since each belongs to exactly one of these natural kinds and it essentially belongs to that kind. There exists perfect uniformities within each (...) species and sharp distinctions between the species with respect to certain properties. Some of these properties are essential and suffice to give necessary and adequate conditions for species-membership, while others derive from the fundamental properties via exceptionless uniformities with no ceteris paribus escape clauses. (shrink)

Although I reject neuronormativity -- an idea central to the Brain Disease Model of Addiction -- Henden and Gjelsvik argue that the disease definition might refer to normativity in nonneural domains. They profess that a cognitive dysfunction, or a mismatch of evolutionary intentions, could also qualify as norm violations, thus legitimizing the disease label. The need for dividing lines is questioned as well. I rebut these criticisms in turn, but I must admit they are thought provoking.

Wakefield doesn't mind my focus on parallels between addiction and love. But love can fall outside the bounds of what evolution intended. So, he claims, comparing addiction with love does not preclude a naturally defined "disorder." I counter with the argument that evolution handed us such highly general response systems, the bounds of normality cannot be defined.

Post-industrial societies confront common problems in pharmaceutical industry-physician relations. In order to promote sales, drug firms create financial relationships that influence physicians' prescriptions and sometimes even reward physicians for prescribing drugs. Three main types exist: kickbacks, gifts, and financial support for professional activities. The prevalence of these practices has evolved over time in response to changes in professional codes, law, and markets. There are certainly differences among these types of ties, but all of them can compromise physicians' independent judgment and (...) rational prescribing.Drug firms have paid kickbacks for prescribing drugs, purchasing drugs, switching brands prescribed, adding a drug to a hospital formulary, enrolling patients in post-marketing clinical trials, and writing practice guidelines that encourage the use of certain drugs. (shrink)