Does the establishment of a permanent InternationalWar Crimes Tribunal (International Criminal Court - ICC) constitute a challenge to national sovereignty? According to previous US governments and several American observers, the answer is yes. Establishing a world court that acts independently of the states that gave birth to it renders the idea of sovereignty meaningless. This article analyzes the American objections to the ICC and the conception of sovereignty and international law underlying these objections. It first considers the structure and intent (...) behind the criminal court and attempts to unveil the logic hiding behind the idea of ‘America’s historical uniqueness.’ It touches on the diverging US and European conceptions of sovereignty and ends up arguing that governments that stick to traditional conceptions of sovereignty and international law in the employment of their foreign policy may lose the moral legitimacy that has proven increasingly important for winning the sympathy of allies and regaining world leadership. Keywords: The ICC; US opposition to the court; sovereignty; international law; exceptionalism (Published: 19 May 2009) Citation: Ethics & Global Politics, Vol. 2, No. 2, 2009, pp. 83-108. DOI: 10.3402/egp.v2i2.1973. (shrink)

For many years essentialism was considered beyond the pale in philosophy, a relic of discredited Aristotelianism. This is no longer so. Kripke and Putnam have made belief in essential natures respectable once more. Harré and Madden have argued against Hume's theory of causation and developed an alternative theory based on the assumption that there are genuine causal powers in nature. Dretske, Tooley, Armstrong, Swoyer, and Carroll have all developed strong alternatives to Hume's theory of the laws of nature. And Shoemaker (...) has developed a thoroughly non-Humean theory of properties. The "new essentialism" has evolved from these beginnings and can now reasonably claim to be a metaphysic for a modern scientific understanding of the world - one that challenges the conception of the world as comprising passive entities whose interactions are to be explained by appeal to contingent laws of nature externally imposed. (shrink)

There are three outstanding issues raised by my critics in this volume. The first concerns the nature and status of universals (John Heil). The second is ‘the essential problem’, which is the issue of how to distinguish the essential properties of natural kinds from their accidental ones, and the related question of whether we really need to believe in the essences of natural kinds (Stephen Mumford). The third is that of strong versus weak dispositional essentialism (Alexander Bird), or equivalently, whether (...) there is any place for categorical properties in an essentialist metaphysic (John Heil). This paper addresses these three issues. (shrink)

Usage-based approaches to language hold that we learn multiword expressions as patterns of language from language usage, and that knowledge of these patterns underlies fluent language processing. This paper explores these claims by focusing upon verb–argument constructions such as “V about n.” These are productive constructions that bind syntax, lexis, and semantics. It presents analyses of usage patterns of English VACs in terms of their grammatical form, semantics, lexical constituency, and distribution patterns in large corpora; patterns of VAC usage in (...) child-directed speech and child language acquisition; and investigations of VAC free-association and psycholinguistic studies of online processing. We conclude that VACs are highly patterned in usage, that this patterning drives language acquisition, and that language processing is sensitive to the forms of the syntagmatic construction and their distributional statistics, the contingency of their association with meaning, and spreading activation and prototypicality effects in semantic reference. Language users have rich implicit knowledge of the statistics of multiword sequences. (shrink)

This chapter responds to claims that causal closure of the underlying microphysics determines brain outcomes as a matter of principle, even if we cannot hope to ever carry out the needed calculations in practice. The reductionist position is that microphysics alone determines all, specifically the functioning of the brain. Here I respond to that claim in depth, claiming that if one firstly takes into account the difference between synchronic and diachronic emergence, and secondly takes seriously the well established nature of (...) biology in general and neuroscience in particular, downward causation enables genuine causal powers to occur at higher emergent levels in biology and that causal closure is in reality an interlevel affair involving even social levels. (shrink)

True,Kant takes the conclusions of his ethical work for granted in his political theorizing; he treats corollaries of the categorical imperative as conclusive principles of political right.However,in his political theory his concern is not simply to lay ...

Rare Disease research has seen tremendous advancements over the last decades, with the development of new technologies, various global collaborative efforts and improved data sharing. To maximize the impact of and to further build on these developments, there is a need for model consent clauses for rare diseases research, in order to improve data interoperability, to meet the informational needs of participants, and to ensure proper ethical and legal use of data sources and participants’ overall protection. A global Task Force (...) was set up to develop model consent clauses specific to rare diseases research, that are comprehensive, harmonized, readily accessible, and internationally applicable, facilitating the recruitment and consent of rare disease research participants around the world. Existing consent forms and notices of consent were analyzed and classified under different consent themes, which were used as background to develop the model consent clauses. The IRDiRC-GA4GH MCC Task Force met in September 2018, to discuss and design model consent clauses. Based on analyzed consent forms, they listed generic core elements and designed the following rare disease research specific core elements; Rare Disease Research Introductory Clause, Familial Participation, Audio/Visual Imaging, Collecting, storing, sharing of rare disease data, Recontact for matching, Data Linkage, Return of Results to Family Members, Incapacity/Death, and Benefits. The model consent clauses presented in this article have been drafted to highlight consent elements that bear in mind the trends in rare disease research, while providing a tool to help foster harmonization and collaborative efforts. (shrink)

The causal closure of physics is usually discussed in a context free way. Here I discuss it in the context of engineering systems and biology, where strong emergence takes place due to a combination of upwards emergence and downwards causation. Firstly, I show that causal closure is strictly limited in terms of spatial interactions because these are cases that are of necessity strongly interacting with the environment. Effective Spatial Closure holds ceteris parabus, and can be violated by Black Swan Events. (...) Secondly, I show that causal closure in the hierarchy of emergence is a strictly interlevel affair, and in the cases of engineering and biology encompasses all levels from the social level to the particle physics level. However Effective Causal Closure can usefully be defined for a restricted set of levels, and one can experimentally determine Effective Theories that hold at each level. This does not however imply those effective theories are causally complete by themselves. In particular, the particle physics level is not causally complete by itself in the contexts of solid state physics, digital computers, or biology. Furthermore Inextricably Intertwined Levels occur in all these contexts. (shrink)

Physics and chemistry underlie the nature of all the world around us, including human brains. Consequently some suggest that in causal terms, physics is all there is. However, we live in an environment dominated by objects embodying the outcomes of intentional design (buildings, computers, teaspoons). The present day subject of physics has nothing to say about the intentionality resulting in existence of such objects, even though this intentionality is clearly causally effective. This paper examines the claim that the underlying physics (...) uniquely causally determines what happens, even though we cannot predict the outcome. It suggests that what occurs is the contextual emergence of complexity: the higher levels in the hierarchy of complexity have autonomous causal powers, functionally independent of lower level processes. This is possible because top-down causation takes place as well as bottom-up action, with higher level contexts determining the outcome of lower level functioning and even modifying the nature of lower level constituents. Stored information plays a key role, resulting in non-linear dynamics that is non-local in space and time. Brain functioning is causally affected by abstractions such as the value of money and the theory of the laser. These are realised as brain states in individuals, but are not equivalent to them. Consequently physics per se cannot causally determine the outcome of human creativity, rather it creates the possibility space allowing human intelligence to function autonomously. The challenge to physics is to develop a realistic description of causality in truly complex hierarchical structures, with top-down causation and memory effects allowing autonomous higher levels of order to emerge with genuine causal powers. (shrink)

Thomas Hurka writes, “an anti-theoretical position is properly open only to those who have made a serious effort to theorize a given domain and found that it cannot succeed. Anti-theorists who do not make this effort are simply being lazy, like Wittgenstein himself. His central example of a concept that cannot be given a unifying analysis was that of a game, but in one of the great underappreciated books of the twentieth century Bernard Suits gives perfectly persuasive necessary and sufficient (...) conditions for something's being a game.” In this paper, I show that the conditions that Suits proposes for something's being a game are neither necessary nor sufficient. They fail both ways. (shrink)

In this paper, we explore the architecture of downward causation on the basis of three central cases. We set out by answering the question of how top-down causation is possible in the universe. The universe is not causally closed, because of irreducible randomness at the quantum level. What is more, contextual effects can already be observed at the level of quantum physics, where higher levels can modify the nature of lower-level elements by changing their context, or even creating them. As (...) one moves up through higher levels, contextual effects on lower levels occur on various scales within nature, which is crucial in biology in general and the brain in particular. We then argue that there are important logical downward causes.objects have causal effects on material-energetic systems. It can be shown that abstract objects have measurable effects on lower levels, which needs to be accounted for by successful explanations of real phenomena such as intentional action. Intentional action has the form of deductive causation from logical structures to human agency. Without this assumption, we would not be warranted in believing that our physical theories latch onto a universe that is essentially the way we discover it to be. Denying top-down causation on account of the idea that the universe permits only bottom-up constitution of wholes from lower-level elements leads to undermining the very possibility of knowledge and science. Thus, it can be rejected as a global form of explanation. We sketch a model for mind-body interaction according to which the various levels of a human organism together enable the emergence of mental top-down effects. They are necessary conditions for the emergence of human mindedness. Once it is clear that downward causation is a widespread natural phenomenon, the apparent mystery of mental causation is, in principle, solved. (shrink)

How are we to view the nature of desire and its relation to value, humanity, and God? Sartre, Nietzsche, and Levinas have interesting things to say in this context, and they can be understood to be responding in their different ways to two seemingly opposed ways of conceiving of desire, namely, as lack or deficiency or as plenitude or creativity. I clarify, link, and distinguish the relevant conceptions of desire, and give a sense of what it could mean to comprehend (...) desire in either or both of these ways. I question Sartre's insistence that man is a ‘useless passion’, trace it back to his commitment to a ‘lack’ model of desire, and argue that this model, as he understands it, stands in the way of the more creative conception which is lurking in the background of his account. There will be a question of whether the atheist is entitled to this creative conception, and I shall challenge his assumption that it becomes available only when theism is overthrown. I shall suggest also that there is something important to be salvaged from the lack model. (shrink)

Arguments for value incommensurability ultimately depend on a certain diagnosis of human motivation. Incommensurablists hold that each person's basic ends are not only irreducible but also incompatible with one another. It isn't merely that some goals can't, in fact, be jointly realized; values actually compete for influence. This account makes a mistake about the nature of human motivation. Each value underwrites a ceteris paribus evaluation. Such assessments are mutually compatible because the observation that there is something to be said for (...) an outcome from a particular perspective allows for any ultimate evaluation of that outcome; Values can be irreducible without thereby being incommensurable. (shrink)

A celebrated problem for representationalist theories of phenomenal character is that, given externalism about content, these theories lead to externalism about phenomenal character. While externalism about content is widely accepted, externalism about phenomenal character strikes many philosophers as wildly implausible. Even if internally identical individuals could have different thoughts, it is said, if one of them has a headache, or a tingly sensation, so must the other. In this paper, I argue that recent work on phenomenal concepts reveals that, contrary (...) to appearances, this standard conjunction of externalism about content and internalism about phenomenal character is ultimately untenable on other models of phenomenal character as well, including even “qualia realism.” This would be significant for a number of reasons. The first is patent: it would undermine a primary objection to representationalism. The fact that representationalism is incompatible with the conjunction would be no serious problem for representationalism if no other plausible model of phenomenal character is compatible with it. The second is that the many philosophers who embrace the conjunction would be forced to abandon one of the two views; externalism would be true either of both content and phenomenal character, or of neither. Likewise, those philosophers who have taken a stance on only one of the two internalism/externalism debates would have to be seen as thereby committed to a particular stance on the other. The third reason stems from the fact that qualia realism typically goes hand in hand with internalism about phenomenal character. To the extent that it does, my argument would reveal that qualia realism is itself in tension with externalism about content. This would perhaps be the most surprising result of all. (shrink)

This paper argues that there is a default presumption that punishment has some deterrent effect, and that the burden of proof is upon those who allege that the costs of any particular penal system are insufficient to offset its deterrent benefits. This burden of proof transmits to the discussion of international law, with the conclusion that it is those who oppose international jurisdiction, rather than their opponents, who must prove their position. This they have so far failed to do.

This paper has two goals: first, to show that the footnote and structure of App. 20, to which too little careful attention has been given, ultimately undermine a great many interpretations of Hume’s dissatisfaction with his theory of personal identity; and second, to offer an interpretation that both heeds these textual features and (unlike other interpretations consistent with these features) renders Hume worried about something that would have truly bothered him. Hume’s problem, I contend, concerns the relation, in his genetic (...) explanation of ideas such as that of the self, between (i) the objects of the perceptions along which there is a smooth and uninterrupted progress of thought, and (ii) the contents of the ideas that the mind in such cases sometimes subsequently invents. (shrink)

According to Cushman, rationalization occurs when a person has performed an action and then concocts beliefs and desires that would have made it rational. We argue that this isn't the paradigmatic form of rationalization. Consequently, Cushman's explanation of the function and usefulness of rationalization is less broad-reaching than he intends. Cushman's account also obscures some of rationalization's pernicious consequences.

I defend a form of naturalism which has much in common with Iris Murdoch's ‘true naturalism’, but I argue that it can accommodate God. I consider what it could mean for naturalism to be theistic in this sense, and respond to the charge that it leaves no room for the transcendent.

Judith Jarvis Thomson holds that we have a right not be be caused distressful feelingsÑbut only if they are "non-belief- mediated"; we have no right not to be caused belief-mediated distress. I suggest that this view is highly counter-intuitive; and I argue that it is not supported by Thomson's arguments which, if they serve to exclude belief-mediated feelings would equally serve to exclude non-belief-mediated ones. I also suggest that some of the work that Thomson wants this distinction to do can (...) be done in other ways. (shrink)

Wood (1970) convincingly argues that Kant’s notion of moral faith is a response to a “dialectical perplexity” or antinomy. Specifically, moral faith is a response to the threat of moral despair. In line with this suggestion, I make the case that moral faith is the resolution of a crisis about how to go on with one’s life in the face of the threat of moral despair. If this is right, then we have a potential solution to two related anxieties: (1) (...) why the matter of our moral faith or despair deserves to be a topic of practical philosophy instead of empirical psychology, and (2) how despair could be a real threat even though Kant holds that rational beings could never truly lack faith. But, to fully see how these concerns can be answered, we must go beyond Wood’s initial analysis. I first argue that Kant’s philosophy suggests two kinds of moral faith: external and internal. I then argue that internal moral faith is analogous to self-contentment (Selbstzufriedenheit) in the second Critique’s practical antinomy. Together, these arguments suggest that moral faith is a response to a real threat of moral despair, and that faith and despair dialectically require one another within practical reason. (shrink)

The present day standard cosmological model is a great theoretical achievement. This chapter surveys the main themes that have arisen and issues that are still oustanding.

This paper is a comment on both Bunamano and Rovelli (Bridging the neuroscience and physics of time arXiv:2110.01976. (2022)) and Gruber et al. (in Front. Psychol. Hypothesis Theory, 2022) and which discuss the relation between physical time and human time. I claim here, contrary to many views discussed there, that there is no foundational conflict between the way physics views the passage of time and the way the mind/brain perceives it. The problem rather resides in a number of misconceptions leading (...) either to the representation of spacetime as a timeless Block Universe, or at least that physically relevant universe models cannot have preferred spatial sections. The physical expanding universe can be claimed to be an Evolving Block Universe with a time-dependent future boundary, representing the dynamic nature of the way spacetime develops as matter curves spacetime and spacetime tells matter how to move. This context establishes a global direction of time that determines the various local arrows of time. Furthermore time passes when quantum wave function collapse takes place to an eigenstate; during this process, information is lost. The mind/brain acts as an imperfect clock, which coarse-grains the physical passage of time along a world line to determine the experienced passage of time, because neural processes take time to occur. This happens in a contextual way, so experienced time is not linearly related to physical time in general. Finally I point out that the Universe is never infinitely old: its future endpoint always lies infinitely faraway in the future. (shrink)

In the first part of this paper it is shown that unit names, whether simple or complex, whether of fundamental, associative or derivative measurement, may always be regarded as the names of scales. In the second it is shown that dimension names, whether simple, like "[M]", "[L]" and "[T]", or complex dimensional formulae, may always be regarded as the names of classes of similar scales. Thus, a new foundation for the theory of dimensional analysis is provided, and in the light (...) of this, its nature and scope are examined. Dimensional analysis is shown to depend upon certain conventions for expressing numerical laws. (shrink)

I am concerned to examine a mode of argumentation in recent analytic philosophy which, I claim, has its origin in Hegel's ‘dialectical’ method. I give examples of this mode of argumentation in McDowell and Wiggins, followed by a formal representation which distinguishes two possible models both of which have negative and positive aspects. I consider what the commitments of the negative aspect of this approach are, and argue that the desire to avoid naturalism constitutes a common goal. I turn then (...) to its positive aspect, making explicit and criticising some of the metaphilosophical implications contained therein. Finally, I make brief contact with Hegel. (shrink)