Ce texte traite de piratage en ligne à travers la pratique du peer-to-peer au Québec, c’est-à-dire une forme d’échange non autorisé de produits culturels sur Internet (pratique appelée « piratage culturel »). Une approche strictement juridique de la pratique y voit un simple détournement de copyright, tandis que d’autres approches (mouvement Copyleft, Parti pirate, etc.) postulent qu’un gain social est généré par une telle circulation de l’information à grande échelle. Peu de recherches empiriques ont documenté toutefois les contenus circulant réellement (...) dans ces réseaux de piratage culturel. Une première étude canadienne utilisant l’observation directe amène donc un éclairage nouveau. L’étude montre que le peer-to-peer est régulièrement utilisé au Québec pour transmettre des œuvres du patrimoine national (musique, films, livres, émissions de télévision, etc.), dont plusieurs sont non disponibles autrement. Cela suggère que le piratage culturel ne se limite pas à l’acquisition gratuite ou au « vol » de produits culturels (plusieurs produits n’existent pas en magasin), ni ne dessert en soi la diversité culturelle (des produits québécois y sont largement échangés). La réflexion éthique sur le phénomène se situe dès lors sur deux plans : au plan individuel (avec l’ethos des « pirates ») et au plan collectif (avec le rôle du piratage culturel dans la circulation du patrimoine québécois). Enfin, la pratique pourrait contribuer à la constitution et à la circulation d’archives nationales accessibles sur Internet, dans le contexte d’une migration généralisée des produits culturels du format physique au format numérique. (shrink)

According to the principle of Conjunction Closure, if one has justification for believing each of a set of propositions, one has justification for believing their conjunction. The lottery and preface paradoxes can both be seen as posing challenges for Closure, but leave open familiar strategies for preserving the principle. While this is all relatively well-trodden ground, a new Closure-challenging paradox has recently emerged, in two somewhat different forms, due to Backes :3773–3787, 2019a) and Praolini :715–726, 2019). This paradox synthesises elements (...) of the lottery and the preface and is designed to close off the familiar Closure-preserving strategies. By appealing to a normic theory of justification, I will defend Closure in the face of this new paradox. Along the way I will draw more general conclusions about justification, normalcy and defeat, which bear upon what Backes :2877–2895, 2019b) has dubbed the ‘easy defeat’ problem for the normic theory. (shrink)

A physician and spokesman for the French Ideologues, Pierre-JeanGeorges Cabanis (1757-1808) stands at the crossroads of several influential developments in modern culture--Enlightenment optimism about human perfectibility, the clinical method in medicine, and the formation and adaptation of liberal social ideals in the French Revolution. This first major study of Cabanis in English traces the influences of these developments on his thought and career. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously (...) out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

A de minimis risk is defined as a risk that is so small that it may be legitimately ignored when making a decision. While ignoring small risks is common in our day-to-day decision making, attempts to introduce the notion of a de minimis risk into the framework of decision theory have run up against a series of well-known difficulties. In this paper, I will develop an enriched decision theoretic framework that is capable of overcoming two major obstacles to the modelling (...) of de minimis risk. The key move is to introduce, into decision theory, a non-probabilistic conception of risk known as normic risk. (shrink)

In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.

Long awaited and eagerly anticipated, this remarkable volume allows English-speaking readers to experience a profound dialogue between the German philosopher Martin Heidegger and the Swiss psychiatrist Medard Boss.

One of the most intriguing claims in Sven Rosenkranz’s Justification as Ignorance is that Timothy Williamson’s celebrated anti-luminosity argument can be resisted when it comes to the condition ~K~KP—the condition that one is in no position to know that one is in no position to know P. In this paper, I critically assess this claim.

Kant was a keen psychological observer and theorist of the forms, mechanisms and sources of self-deception. In this Element, the author discusses the role of rationalizing/Vernünfteln for Kant's moral psychology, normative ethics and philosophical methodology. By drawing on the full breadth of examples of rationalizing Kant discusses, the author shows how rationalizing can extend to general features of morality and corrupt rational agents thoroughly. Furthermore, the author explains the often-overlooked roles common human reason, empirical practical reason and even pure practical (...) reason play for rationalizing. Kant is aware that rationality is a double-edged sword; reason is the source of morality and of our dignity, but it also enables us to seemingly justify moral transgressions to ourselves, and it creates an interest in this justification in the first place. Finally, this Element discusses whether Kant's ethical theory itself can be criticised as a product of rationalizing. (shrink)

In a recent paper in this journal Duncan Pritchard responds to an objection to the modal account of risk pressed by Ebert, Smith and Durbach ( 2020 ). In this paper, I expand upon the objection and argue that it still stands. I go on to consider a more general question raised by this exchange – whether risk is ‘objective’, or whether it is something that varies from one perspective to another.

I argue that, alongside the already well-established prohibition against treating persons as mere means, Kant’s Formula of Humanity requires a prohibition against treating persons as mere things. The former captures ethical violations due to someone’s (perceived) instrumental value, e.g. exploitation, the latter captures cases in which I mistreat others because they have no instrumental value to me. These are cases in which I am indifferent and complacent towards persons in need; forms of mistreatment frequently suffered by the world’s poorest. I (...) explain why we need the category of treating others as mere things and what the prohibition against such treatment entails. Prohibitions against treating as mere means and as mere things are both essential for understanding the specific nature and extent of our duties to the world’s poorest. (shrink)

A moral requirement R1 is said to be lexically prior to a moral requirement R2 just in case we are morally obliged to uphold R1 at the expense of R2 – no matter how many times R2 must be violated thereby. While lexical priority is a feature of many ethical theories, and arguably a part of common sense morality, attempts to model it within the framework of decision theory have led to a series of problems – a fact which is (...) sometimes spun as a ‘decision theoretic critique’ of lexical priority. In this paper, I develop an enriched decision theoretic framework that is capable of modelling lexical priority while avoiding all extant problems. This will involve introducing several new ingredients into the standard decision theoretic framework, including multidimensional utilities, de minimis risks, and the means to represent two different conceptions of risk. (shrink)

Herbert Marcuse, Erich Fromm, Max Horkheimer, Franz Neumann, Theodor Adorno, Leo Lowenthal—the impact of the Frankfurt School on the sociological, political, and cultural thought of the twentieth century has been profound. _The Dialectical Imagination_ is a major history of this monumental cultural and intellectual enterprise during its early years in Germany and in the United States. Martin Jay has provided a substantial new preface for this edition, in which he reflects on the continuing relevance of the work of the (...) Frankfurt School. (shrink)

Kant maintains that while claims to property are morally possible in a state of nature, such claims are merely “provisional”; they become “conclusive” only in a civil condition involving political institutions. Kant’s commentators find this thesis puzzling, since it seems to assert a natural right to property alongside a commitment to property’s conventionality. We resolve this apparent contradiction. Provisional right is not a special kind of right. Instead, it marks the imperfection of an action where public authorization is lacking. Provisional (...) right thereby functions as a methodological device in a sequential elucidation of the moral basis of public law. To develop this reading, we first explain Kant’s two-step account of property rights—his division between ‘having’ and ‘acquiring’. Then we explain what is involved in a sequential exposition of right more generally. (shrink)

Martin Davies; II*—Perceptual Content and Local Supervenience, Proceedings of the Aristotelian Society, Volume 92, Issue 1, 1 June 1992, Pages 21–46, https://do.

The Routledge International Handbook of Neuroaesthetics is an authoritative reference work that provides the reader with a wide-ranging introduction to this exciting new scientific discipline. The book brings together leading international academics to offer a well-balanced overview of this burgeoning field while addressing two questions central to the field; how the brain computes aesthetic appreciation for sensory objects, and how is art created and experienced.

Kant considers eudaimonism as his main opponent and he assumes that his ethics is the only viable alternative to eudaimonism. He does not explicitly address theories differing from both eudaimonism and from his own. I argue that whilst Kant and Act-Consequentialists advocate different normative principles, their positions share the important abstract feature that they establish what is to be done from a rational principle and not based on what is in the self-interest of the respective agent, as Kant thinks eudaimonism (...) does. Act-Consequentialism is thus closer to Kant’s ethics than is often assumed. I will demonstrate and vindicate this point with a new interpretation of the Fact of Reason. This reading also establishes that the notion of a Fact of Reason is less contentious than many of Kant’s critics believe. We should not expect that the Fact establishes Kantianism. Instead, the Fact is only supposed to count against a specific competing view of morality, namely, eudaimonism. Act-Consequentialists can accept the Fact as well. (shrink)

In this paper I defend the claim that justification is closed under conjunction, and confront its most alarming consequence — that one can have justification for believing propositions that are unlikely to be true, given one's evidence.

Journal of Philosophy of Education, EarlyView.

Many philosophers accept that, as well as having a right that others not harm us, we also have a right that others not subject us to a risk of harm. And yet, when we attempt to spell out precisely what this ‘right against risk imposition’ involves, we encounter a series of notorious puzzles. Existing attempts to deal with these puzzles have tended to focus on the nature of rights – but I propose an approach that focusses instead on the nature (...) of risk. The key move is to distinguish two different ways in which to conceptualise the risk that a given action presents – one of which is linked to the notion of probability and the other to the notion of normalcy. (shrink)

Journal of Political Philosophy, EarlyView.

Checklists have been used to improve quality in many industries, including healthcare. The use of checklists, however, has not been extensively evaluated in clinical ethics consultation. This article seeks to fill this gap by exploring the efficacy of using a checklist in ethics consultation, as tested by an empirical investigation of the use of the checklist at a large academic medical system (Cleveland Clinic). The specific aims of this project are as follows: (1) to improve the quality of ethics consultations (...) by providing reminders to ethics consultants about process steps that are important for most patient-centered ethics consultations, (2) to create consistency in the ethics consultation process across the medical system, and (3) to establish an effective educational tool for trainers and trainees in clinical ethics consultation. The checklist was developed after a thorough literature review and an iterative process of revising and testing by a group of experienced ethics consultants. To pilot test the checklist, it was distributed to 46 ethics consultants. After a six-month pilot period in which ethics professionals used the checklist during their clinical activities, a survey was distributed to all of those who used the checklist. The 10-item survey examined consultants’ perceptions regarding the three aims listed above. Of the 25 survey respondents, 11 self-reported as experts in ethics consultation, nine perceived themselves to have mid-level expertise, and five self-reported as novices. The majority (68 percent) of all respondents, regardless of expertise, believed that the checklist could be a “helpful” or “very helpful” tool in the consultation process generally. Novices were more likely than experts to believe that the checklist would be useful in conducting consultations. The limitations of this study include: reduced generalizability given that this project was conducted at one medical system, utilized a small sample size, and used self-reported quality outcome measures. Despite these limitations, to the authors’ knowledge this is the first investigatation of the use of a checklist systematically to improve quality in ethics consultation. Importantly, our findings shed light on ways this checklist can be used to improve ethics consultation, including its use as an educational tool. The authors hope to test the checklist with consultants in other healthcare systems to explore its usefulness in different healthcare environments. (shrink)

Journal of Philosophy of Education, EarlyView.

According to standard assumptions in semantics, ordinary users of a language have implicit beliefs about the truth-conditions of sentences in that language, and they often agree on those beliefs. For example, it is assumed that if Anna and John are both competent users of English and the former utters ‘grass is green’ in conversation with the latter, they will both believe that that sentence is true if and only if grass is green. These assumptions play an important role in an (...) intuitively compelling picture of communication, according to which successful communication through literal assertoric utterances is normally effected thanks to our shared beliefs about the truth-conditions of the sentences uttered in the course of the conversation. Against these standard assumptions, this paper argues that the participants in a conversation rarely have the same beliefs about the truth-conditions of the sentences involved in a linguistic interaction. More precisely, it argues for Variance, the thesis that nearly every utterance is such that there is no proposition which more than one language user believes to be that utterance’s truth-conditional content. If Variance is true, we must reject the standard picture of communication. Towards the end of the paper I identify three ways in which ordinary conversations can be communication-like despite the truth of Variance and argue that the most natural amendments to the standard picture fail to explain them. (shrink)

In this paper, I offer reasons for thinking that two prominent sceptical arguments in the literature – the underdetermination-based sceptical argument and the closure-based sceptical argument – are less philosophically interesting than is commonly supposed. The underdetermination-based argument begs the question against a non-sceptic and can be dismissed with little fanfare. The closure-based argument, though perhaps not question-begging per se, does rest upon contentious assumptions that a non-sceptic is under no pressure to accept.

In this paper I explore some ideas inspired by Federico Picinali’s Justice In-Between: A Study of Intermediate Criminal Verdicts. Picinali makes a case for the introduction of intermediate options in criminal trials – verdicts with consequences that are harsher than an acquittal, but not so harsh as a conviction. From a certain perspective, the absence of intermediate options in criminal trials is puzzling – out of kilter with much of our everyday decision-making and, perhaps, with the recommendations of expected utility (...) theory. I will argue, however, that the lack of intermediate options is much less puzzling when put in the context of our ordinary practices of blame and non-legal punishment. (shrink)

Recently, a number of Kantians have argued that despite Kant’s own disparaging comments about same-sex intercourse and marriage, his ethical and legal philosophy lacks the resources to show that they are impermissible. I go further by arguing that his framework is in fact more open to same-sex than to different-sex marriage. Central is Kant’s claim that marriage requires equality between spouses. Kant himself thought that men and women are not equal, and some of his more insightful remarks on the issue (...) reveal that he was also aware that, as a matter of fact, women were disenfranchised by society, and suffer legal and other forms of discrimination. Kant, according to his own account, cannot approve of heterosexual marriage. Same-sex couples, by contrast, can satisfy the crucial equality condition. I conclude with a suggestion for refocus with respect to the issues at hand, calling for attention to more complex and insidious forms of inequality than deprivation of rights and full civil participation. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

I critically examine the plausibility of Kant’s conception of rationalising, a form of self-deception that plays a crucial role for Kant’s moral psychology and his conception of the functions of critical practical philosophy. The main problem I see with Kant’s conception is that there are no theory-independent criteria to determine whether an exercise of rational capacities constitutes rationalising. Kant believes that rationalising is wide-spread and he charges the popular philosophers and other ethical theorists with rationalising. Yet, his opponents could, in (...) turn, charge him with rationalising and some theorists, namely Act-Consequentialists, seem to be in an even stronger position to charge Kant with rationalising than vice versa. In response, I propose standards that do not assume a specific normative theory and that become apparent when we look at clear-cut abuses of rationality. These standards of minimally decent reasoning can help us diagnose rationalising. I develop these standards by looking at inadequate uses of rational capacities that should strike us as problematic regardless of the specific ethical theory we adopt. I emphasise that even an abuse of rational capacities can yield true results and that we can never tell from a single judgement that someone rationalises. Rather, we must look for patterns. (shrink)

We congratulate Fox and her colleagues (2007) for contributing to the published empirical literature on ethics consultation in United States hospitals. Their study demonstrates the continued wide v...

Martin Davies; V*—Idiom and Metaphor, Proceedings of the Aristotelian Society, Volume 83, Issue 1, 1 June 1983, Pages 67–86, https://doi.org/10.1093/aristotelia.

Recent years have seen a proliferation of publications reconsidering the emergence of sociology in France. The present review discusses and compares three of these works: S. Mosbah-Natanson’s bibliometric study on the fashion of sociology around 1900 (2017a); Th. Hirsch’s history of the idea of social time from the Durkheimians to Les Annales (2016a); and M. Joly’s enquiry into a purported sociological revolution in France and Germany at around the same time (2017a). Pushing respectively for a sociological, a historical and an (...) epistemological history of sociology, they represent three distinct ways of renewing the historiography of the social sciences. The article argues that qualities and limitations of these works alike suggest two challenges for the history of sociology: (1) integrating sociological, historical and epistemological competences in a comprehensive intelligence of sociological texts; and (2) accounting for the reflexivity involved in a social history of the social sciences. (shrink)

Those of us who are captivated by new television, often find ourselves rewatching episodes or whole series. Why? What is the philosophical significance of the phenomenon of rewatching? In what follows, I engage with the ontology of television series in order to think about these questions around rewatching. I conclude by reflecting on what the entire discussion might suggest about the medium of new television, about ourselves, and also about our world and the possibilities of art in it.

Context Opioid treatment agreements (OTAs) are documents that clinicians present to patients when prescribing opioids that describe the risks of opioids and specify requirements that patients must meet to receive their medication. Notwithstanding a lack of evidence that OTAs effectively mitigate opioids’ risks, professional organizations recommend that they be implemented, and jurisdictions increasingly require them. We sought to identify the jurisdictions that require OTAs, how OTAs might affect the outcomes of lawsuits that arise when things go wrong, and instances in (...) which the law permits flexibility for clinicians and health care institutions to adopt best practices. -/- Methods We surveyed the laws and regulations of all 50 states and the District of Columbia to identify which jurisdictions require the use of OTAs, the circumstances in which OTA use is mandatory, and the terms OTAs must include (if any). We also surveyed criminal and civil judicial decisions in which OTAs were discussed as evidence on which a court relied to make its decision to determine how OTA use influences litigation outcomes. -/- Findings Results show that a slight majority (27) of jurisdictions now require OTAs. With one exception, the jurisdictions’ requirements for OTA use are triggered at least in part by long-term prescribing. There is otherwise substantial variation and flexibility within OTA requirements. Results also show that even in jurisdictions where OTA use is not required by statute or regulation, OTA use can inform courts’ reasoning in lawsuits involving patients or clinicians. Sometimes, but not always, OTA use legally protects clinicians from liability. -/- Conclusions -/- Our results show that OTA use is entwined with legal obligations in various ways. Clinicians and health care institutions should identify ways for OTAs to enhance clinician–patient relationships and patient care within the bounds of relevant legal requirements and risks. (shrink)

In this paper I will compare two competing accounts of assertion: the knowledge account and the justified belief account. When it comes to the evidence that is typically used to assess accounts of assertion – including the evidence from lottery propositions, the evidence from Moore’s paradoxical propositions and the evidence from conversational patterns – I will argue that the justified belief account has at least as much explanatory power as its rival. I will argue, finally, that a close look at (...) the ways in which assertions can be challenged and retracted reveals a certain advantage for the justified belief account. The paper will touch upon a number of further topics along the way, including the logical interaction between knowledge and justified belief, the nature of defeat, and the hypothesis that knowledge and justified belief are normatively coincident goals. (shrink)

I propose a novel way to understand the stringency of Kant’s conception of beneficence. This novel understanding can ground our intuition that we do not have to forego (almost) all pursuit of our personal ends. I argue that we should understand the application of imperfect duties to specific cases according to the framework set by the adoption and promotion of ends. Agents have other ends than obligatory ones and they must weigh obligatory ends against these other ends. Obligatory ends are (...) special among ends only insofar as their adoption is not optional. My reading of the normative status of imperfect duties affords a way of thinking about beneficence modelled on the everyday ways in which agents pursue their personal projects and weigh different ends against each other. This establishes a middle-ground between an extremely demanding conception of beneficence and an overly latitudinarian one. Furthermore, it helps us understand why we do not have to be maximally beneficent and why there is a bias towards the near in our thinking about rescue cases. (shrink)

Martin Hollis; Education as a Positional Good, Journal of Philosophy of Education, Volume 16, Issue 2, 30 May 2006, Pages 235–244, https://doi.org/10.1111/j.146.

The propositional view of communication states that every literal assertoric utterance of an indicative sentence expresses a proposition, and the audience understands those utterances only if she entertains the proposition(s) the speaker expressed. According to an important objection due to Ray Buchanan, the propositional view is ill‐equipped to handle meaning underdeterminacy. Using resources from situation semantics and MacFarlane's nonindexical contextualism, this article develops a view of literal communication close to the propositional view which overcomes Buchanan's underdeterminacy considerations while accounting for (...) the kind of indifference that typically characterizes speakers' intentions. (shrink)

This chapter examines the traditional understanding of Horkheimer and Adorno's dialectic of enlightenment (exemplified by Jürgen Habermas and others), arguing that the traditional reading – with its stress on instrumental rationalization and a regressive or self‐destructive history – misses Horkheimer and Adorno's deepest aspirations, which are to offer an argument against a particular conceptualization of human agency (as apperceptive). Stressing instead, that Kant is the central interlocutor, the chapter shows how understanding this Kantian inheritance allows us to bring into focus (...) the radical nature of Horkheimer and Adorno's argument: that it is meant to bring into focus the problematic nature of conceiving human agency as dependent on apperception. In presenting this problem, the chapter shows how the ontogenetic origin of self‐consciousness becomes a crucial issue, and the thought of Sigmund Freud is marshaled both to make this clear and to show how Horkheimer and Adorno's account can benefit from making explicit its potential debt to Freud. (shrink)

The epistemology of studies addressing questions about historical and prehistorical phenomena is a subject of increasing discussion among philosophers of science. A related field of inquiry that has yet to be connected to this topic is the epistemology of climate science. Branching these areas of research, I show how variety-of-evidence reasoning accounts for scientific inferences about the past by detailing a case study in paleoclimate reconstruction. This analysis aims to clarify the logic of historical inquiry in general and, by focusing (...) on a case study about climate change, it offers an epistemic account of a particular discipline that is of environmental and social importance. (shrink)