This article argues that the traditional jus ad bellum and jus in bello criteria are fully capable of providing the ethical guidance needed to legitimately conduct military cyber operations. The first part examines the criteria’s foundations by focusing on the notion of liability to defensive harm worked out by revisionist just war thinkers. The second part critiques the necessity of alternative frameworks, which its proponents assert are required to at least supplement the traditional just war criteria. Using the latter, (...) the third part evaluates ethical issues germane to responding to cyber force, including casus belli, moral aspects of “the attribution problem,” and respective rights and duties when attacks involve innocent third-party states. The fourth part addresses in bello issues, including compliance with discrimination, necessity, and civilian due care imperatives; whether civilians may be targeted with sub-“use of force” cyber-attacks and the permissibility of using civilian contractors to conduct cyber-attacks. Throughout these analyses, conclusions are brought into conversation with those of The Tallinn Manual on the International Law Applicable to Cyber Warfare. (shrink)

This paper discusses the predicament of Oscar Pistorius. He is a Paralympic gold medallist who wishes to participate in the Olympics in Beijing in 2008. Following a brief introductory section, the paper discusses the arguments that could be, and have been, deployed against his participation in the Olympics, should he make the qualifying time for his chosen event (400m). The next section discusses a more hypothetical argument based upon a specific understanding of the fair opportunity rule. According to this, (...) there may be a case for allowing Pistorius to compete even if he should fail to make the official qualifying time. The final part of the paper reviews the situation at the time of writing and offers some assessment of the strategy of the IAAF in responding to it. It is argued below that the proper focus for assessment of Pistorius's eligibility to compete should not be on whether his blades lead to his having an unfair advantage over his competitors, but instead should focus on whether what he does counts as running. (shrink)

Resumen: El presente trabajo explora el estatuto del arte en la filosofía de Spinoza, en el marco de la inversión copernicana que da origen a la estética y del barroco holandés. Si bien el pensamiento spinozista se inscribe en la conversión antropológica, en donde lo bello resulta ser un efecto en el sujeto y no una cualidad de los objetos, su comprensión del arte es inasimilable a la “estética” como ámbito diferenciado y autónomo que se consolida en el siglo (...) XVIII, y más bien concibe el arte integrado a la vida y a la experiencia común -a la vez que, en cuanto praxis de origen corporal al alcance de cualquiera, presenta puntos de contacto con las vanguardias históricas del siglo XX-. Spinoza, según se propone en este texto, concibe la producción de “obras de arte” menos como un hecho estético que como una actividad corporal éticamente orientada a la vida buena.: The present work explores the status of art in the philosophy of Spinoza, within the framework of the Copernican revolution that gives rise to aesthetics and the Dutch Baroque. Although the Spinozist thought is inscribed in the anthropological conversion by virtue of which beauty turns out to be an effect on the subject and not a property of objects, its understanding of art is unassimilable to "aesthetics" as a differentiated and autonomous area that it was consolidated in the eighteenth century, and rather conceived art integrated to life and common experience -at the same time, as praxis of bodily origin within the reach of anyone, presents points of contact with the historical avant-gardes of the twentieth century-. Spinoza conceives the production of "artworks" less as an aesthetic fact than as a body activity ethically oriented to the good life. (shrink)

El artículo aborda los conceptos de multiculturalidad, interculturalidad y educación intercultural, como perspectivas teóricas que permiten explicar la dinámica intercultural de la acción educativa y como desafío epistemológico de los conocimientos indígenas en la escolarización. Para ello se realiza un análisis de los elementos teóricos que sustentan estos conceptos; se problematiza la dificultad epistemológica de la educación intercultural, considerando el contexto en que se lleva a cabo, y en consecuencia, se plantea que la dinámica de estos conceptos permite la posibilidad (...) de considerar la interculturalidad tanto para la formación como para la problematización de situaciones interculturales que están en proceso de investigación. This article addresses the concepts of multiculturalism, interculturalism and intercultural education as theoretical perspectives to explain the intercultural dynamic of educational activities, and as epistemological challenges to indigenous knowledge in the school context. To examine these concepts we analyze the theoretical foundations which underlie them. We then formulate the epistemological problem of intercultural education, considering the context in which it takes place. Consequently, we argue that it is the dynamic of these concepts which makes it possible to consider interculturalism both in education and in the formulation of the questions posed by the intercultural situations under investigation. (shrink)

The Nature of God explores a perennial problem in the philosophy of religion.

Dorian Gray pays a hefty price for years of sin and vice in this completely unabridged edition of The Picture of Dorian Gray.

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

I argue that a standard formulation of hinge epistemology is host to epistemic relativism and show that two leading hinge approaches (Coliva’s acceptance account and Pritchard’s nondoxastic account) are vulnerable to a form of incommensurability that leads to relativism. Building on both accounts, I introduce a new, minimally epistemic conception of hinges that avoids epistemic relativism and rationally resolves hinge disagreements. According to my proposed account, putative cases of epistemic incommensurability are rationally resolvable: hinges are propositions that are the objects (...) of our belief-like attitudes and are rationally revisable in virtue of our overarching commitment to avoid systematic deception in our epistemic practices. (shrink)

Considering the case of Juan de Vilanova y Piera, often celebrated as the first scientist to accept the prehistoric antiquity of palaeolithic paintings, we explore some of the problems related to the concept of ‘precursor’ in the field of the history of science. In the first section, we propose a brief history of this notion focusing on those authors who have reflected critically on the meaning of predecessors. In the second section, the example of Vilanova illustrates the ways in which (...) historians of science have created precursors. From the vantage of modern science, precursors have traditionally been defined as those who first indicated or announced ideas or theories later accepted by the scientific community. As a result, they have been represented as ‘heroes’ struggling hard to defeat the ignorance of their time. As the case of Juan de Vilanova illustrates, this traditional view is unsatisfactory in many ways. For this reason we consider in the third section a number of methodological strategies to promote a more adequate approach to pioneers. In particular, we suggest that the best way to surmount hagiographical approaches to past scientists is to put them in their own intellectual and historical contexts. (shrink)

I argue against the Standard View of ignorance, according to which ignorance is defined as equivalent to lack of knowledge, that cases of environmental epistemic luck, though entailing lack of knowledge, do not necessarily entail ignorance. In support of my argument, I contend that in cases of environmental luck an agent retains what I call epistemic access to the relevant fact by successfully exercising her epistemic agency and that ignorance and non-ignorance, contrary to what the Standard View predicts, are not (...) modal in the sense that knowledge is. After responding to objections, I conclude by sketching an alternative account of ignorance centered on the notions of epistemic access and epistemic agency. (shrink)

In attempting to debunk moral realism through an appeal to evolutionary facts, debunkers face a series of problems, which we label the problems of scope, corrosiveness, and post‐hoc justification. To overcome these problems, debunkers must assume certain metaphysical or epistemological positions, or otherwise pre‐establish them. In doing so, they must assume or pre‐establish the very conclusion they seek in advancing the argument. This means that such debunking arguments either beg the question against the moral realist or are undermined as standalone (...) metaethical arguments. (shrink)

Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...) in the prisoner scenario is unacceptable so long as the goal of expected utility maximization is combined with fairness constraints. The second, risk-based argument shows that a conviction solely based on the statistics in the prisoner scenario lets the risk of mistaken conviction surge potentially too high. The same, by contrast, cannot be said of convictions solely based on DNA evidence or eyewitness testimony. A noteworthy feature of the two arguments in the paper is that they are not confined to criminal trials and can in fact be extended to civil trials. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

Preface and Postscript Combining a Preface with a Postscript seems a particularly apposite way to introduce (and conclude) a collection of essays on ...

This book presents a systematic account of the role of the personal spiritual ideal of wu-wei--literally "no doing," but better rendered as "effortless action"--in early Chinese thought. Edward Slingerland's analysis shows that wu-wei represents the most general of a set of conceptual metaphors having to do with a state of effortless ease and unself-consciousness. This concept of effortlessness, he contends, serves as a common ideal for both Daoist and Confucian thinkers. He also argues that this concept contains within itself a (...) conceptual tension that motivates the development of early Chinese thought: the so-called "paradox of wu-wei," or the question of how one can consciously "try not to try." Methodologically, this book represents a preliminary attempt to apply the contemporary theory of conceptual metaphor to the study of early Chinese thought. Although the focus is upon early China, both the subject matter and methodology have wider implications. The subject of wu-wei is relevant to anyone interested in later East Asian religious thought or in the so-called "virtue-ethics" tradition in the West. Moreover, the technique of conceptual metaphor analysis--along with the principle of "embodied realism" upon which it is based--provides an exciting new theoretical framework and methodological tool for the study of comparative thought, comparative religion, intellectual history, and even the humanities in general. Part of the purpose of this work is thus to help introduce scholars in the humanities and social sciences to this methodology, and provide an example of how it may be applied to a particular sub-field. (shrink)

The literature on algorithmic fairness has examined exogenous sources of biases such as shortcomings in the data and structural injustices in society. It has also examined internal sources of bias as evidenced by a number of impossibility theorems showing that no algorithm can concurrently satisfy multiple criteria of fairness. This paper contributes to the literature stemming from the impossibility theorems by examining how informational richness affects the accuracy and fairness of predictive algorithms. With the aid of a computer simulation, we (...) show that informational richness is the engine that drives improvements in the performance of a predictive algorithm, in terms of both accuracy and fairness. The centrality of informational richness suggests that classification parity, a popular criterion of algorithmic fairness, should be given relatively little weight. But we caution that the centrality of informational richness should be taken with a grain of salt in light of practical limitations, in particular, the so-called bias-variance trade off. (shrink)

This book proposes a new interpretative key for reading and overcoming the binary of idealism and realism. It explores the way human consciousness unfolds through the relationship between the I and the world-a field of phenomenological investigation that cannot and must not remain closed within the limits of its own disciplinary boundaries. The book focuses on the question of realism in contemporary debates, ultimately dismantling prejudices and automatisms that one finds therein. It shows that at the root of the controversy (...) between realism and idealism there often lie equivocations of a semantic nature. By returning to the origins of modern phenomenology this study mines the Husserlian concept of transcendental idealism. Following this path, and neutralizing the extreme positions of an acritical idealism and a naïve realism, the book proposes a "transcendental realism": the horizon of a dynamic unity that embraces the process of cognition and that grounds the relation, and not the subordination, of subject and object. The close reading of this reciprocity offered here allows one to surpass the limits of the domain of knowing, leading one to fundamental questions about the ultimate sense of things and their origin. (shrink)

An individual's health, genetic, or environmental-exposure data, placed in an online repository, creates a valuable shared resource that can accelerate biomedical research and even open opportunities for crowd-sourcing discoveries by members of the public. But these data become “immortalized” in ways that may create lasting risk as well as benefit. Once shared on the Internet, the data are difficult or impossible to redact, and identities may be revealed by a process called data linkage, in which online data sets are matched (...) to each other. Reidentification, the process of associating an individual's name with data that were considered deidentified, poses risks such as insurance or employment discrimination, social stigma, and breach of the promises often made in informed-consent documents. At the same time, re-ID poses risks to researchers and indeed to the future of science, should re-ID end up undermining the trust and participation of potential research participants. The ethical challenges of online data sharing are heightened as so-called big data becomes an increasingly important research tool and driver of new research structures. Big data is shifting research to include large numbers of researchers and institutions as well as large numbers of participants providing diverse types of data, so the participants’ consent relationship is no longer with a person or even a research institution. In addition, consent is further transformed because big data analysis often begins with descriptive inquiry and generation of a hypothesis, and the research questions cannot be clearly defined at the outset and may be unforeseeable over the long term. In this article, we consider how expanded data sharing poses new challenges, illustrated by genomics and the transition to new models of consent. We draw on the experiences of participants in an open data platform—the Personal Genome Project—to allow study participants to contribute their voices to inform ethical consent practices and protocol reviews for big-data research. (shrink)

Insofar as development implies economic growth, the term 'sustainable development' appears to some as a contradiction in terms. However, such conclusions still lack a thorough examination of the conceptual structure of the two terms between which there is a purported contradiction. In order to address this issue, the present paper scrutinises some of the assumptions which underwrite the ideologies of sustainability and of development. It is argued that there are key assumptions which both ideas have in common, and that sustainable (...) development is thus perfectly coherent on a conceptual level. It is alternatives which retain either term (such as 'sustainable degrowth') that are embroiled in paradox. The paper then examines two concepts for criticising the ideology of economic growth in other terms: dépense and conviviality. It is argued that the latter is preferable to the former for the purpose of developing post-sustainable critiques of growth. (shrink)

In this essay, I look at some extraordinary actors who never got their due—actors who had distinguished careers, but never won an Academy Award for acting. I review the work of: Joseph Cotten; Orson Welles; Edward G. Robinson; Cary Grant; James Mason; Richard Burton; Claude Rains; Alan Ladd: Robert Mitchum; and Fred MacMurray. In each case, I explore the actor’s best work, what made his acting outstanding, and offer possible explanations why he was not so honored.

El texto de Martin Heidegger Was ist das - die Philosophie? es una de las obras claves para hacer una hermenéutica de su pensamiento. En ella se explica como lo que pretendía la filosofía en su origen no tiene un correlato con sus conquistas a lo largo de la tradición, que están más bien teñidas de un tinte racionalista que obvia los estados afectivos, tan necesarios para entender el pensar filosófico. De este modo, volvemos con Heidegger a remontarnos al inicio (...) de la filosofía, hasta Heráclito, para así poder establecer unas pautas que nos ayuden en nuestras disquisiciones dentro del filosofar. Para ello será necesario retomar el verdadero sentido griego de λὀγος tal y como fue planteado por Heráclito: como fluir y como lucha. (shrink)

Reconstruction is a central notion in Dewey’s account of inquiry and in his metaphilosophical commitments. In his work, Dewey made a call for reconstruction of philosophy, in the reconstruction of central notions of the discipline, like knowledge, logic, truth, the good, reason, and experience. Inquiry itself is reconstructive, according to Dewey, involving the transformation of an indeterminate situation into one which is determinate and understood. Dewey’s philosophical views should therefore be of interest to those taking part in the recent turn (...) towards revisionary philosophical methodologies, like conceptual engineering, explication, and amelioration. In light of the recent developments in revisionary methodologies, I aim to explore Dewey’s conception of concepts in relation to the conceptual engineering literature, suggesting that it provides a useful conception of concepts for conceptual engineering, and to suggest a Deweyan model of philosophical inquiry where concepts are the objects of inquiry. In both cases, I hope to show a productive interaction between Dewey’s ideas and contemporary discussions of conceptual engineering. (shrink)

National Book Award Finalist. How did humanity originate and why does a species like ours exist on this planet? Do we have a special place, even a destiny in the universe? Where are we going, and perhaps, the most difficult question of all, "Why?" In The Meaning of Human Existence, his most philosophical work to date, Pulitzer Prize–winning biologist Edward O. Wilson grapples with these and other existential questions, examining what makes human beings supremely different from all other species. Searching (...) for meaning in what Nietzsche once called "the rainbow colors" around the outer edges of knowledge and imagination, Wilson takes his readers on a journey, in the process bridging science and philosophy to create a twenty-first-century treatise on human existence—from our earliest inception to a provocative look at what the future of mankind portends. Continuing his groundbreaking examination of our "Anthropocene Epoch," which he began with The Social Conquest of Earth, described by the New York Times as "a sweeping account of the human rise to domination of the biosphere," here Wilson posits that we, as a species, now know enough about the universe and ourselves that we can begin to approach questions about our place in the cosmos and the meaning of intelligent life in a systematic, indeed, in a testable way. Once criticized for a purely mechanistic view of human life and an overreliance on genetic predetermination, Wilson presents in The Meaning of Human Existence his most expansive and advanced theories on the sovereignty of human life, recognizing that, even though the human and the spider evolved similarly, the poet's sonnet is wholly different from the spider's web. Whether attempting to explicate "The Riddle of the Human Species," "Free Will," or "Religion"; warning of "The Collapse of Biodiversity"; or even creating a plausible "Portrait of E.T.," Wilson does indeed believe that humanity holds a special position in the known universe. The human epoch that began in biological evolution and passed into pre-, then recorded, history is now more than ever before in our hands. Yet alarmed that we are about to abandon natural selection by redesigning biology and human nature as we wish them, Wilson soberly concludes that advances in science and technology bring us our greatest moral dilemma since God stayed the hand of Abraham. (shrink)

O princípio de intersubstituição dos idênticos salva veritate, que constitui uma peça de importância central para a teoria leibniziana da demostração, para não falar de suas implicações ontológicas, recebeu a crítica de que encerra uma confusão entre uso e menção. Em contraste com essa crítica, o presente trabalho defende a tese de que o princípio não está suscetível a essa pretensa confusão, utilizando, para tanto, a distinção leibniziana entre “a consideração do modo de conceber” e a “consideração da coisa mesma”. (...) A introdução dessa distinção, porém, vem acompanhada com a necessidade de estabelecer restrições à aplicação do mencionado princípio. (shrink)

Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...) analysis of why statistical evidence should raise concerns in some cases but not others. I argue that when there is a mismatch between the specificity of the evidence and the expected specificity of the accusation, statistical evidence—as any other kind of evidence—should be considered insufficient to sustain a conviction. I rely on different stylized court cases to illustrate the explanatory power of this analysis. (shrink)

This paper argues that there are instances in which tobacco control litigation is strengthening the justiciability of the right to health and health-related rights. This is happening in different parts of the world, but in particular in Latin America. In part this is because, to a certain extent, tobacco control litigation based on fundamental rights overcomes the traditional arguments against economic, social and cultural rights adjudication: the anti-democratic argument, the lack of technical competency argument, the problem of the misallocation of (...) scarce public resources and the problem of the implementation of judicial decisions. As we analyzed in this paper, tobacco control cases based on fundamental rights are allowing courts to elaborate on broader standards of judicial adjudication of social rights, e.g., expand notions of standing, progressive realization, and state obligations enshrined in the right to health. Key to this judicial trend is the Framework Convention on Tobacco Control, which provides a legal standard — supported by scientific evidence — defining concrete measures states should take to address the tobacco epidemic, and thus giving content to the right to health as it relates to tobacco control. (shrink)

There is perhaps no area of law that so effectively protects human health and thereby advances the right to the highest attainable standard of health, as tobacco control. Globally, tobacco is responsible for 1 in 10 adult deaths, and is on track to kill 10 million people per year, mostly in developing countries, representing a US$200 billion drain on the global economy. Yet experience in recent decades has shown that a range of tobacco control measures, such as comprehensive bans on (...) smoking in public places, tobacco taxes, and limits on tobacco advertising, can greatly reduce smoking prevalence. These measures have slowly curtailed the epidemic, despite strong opposition from various sectors led by the tobacco industry. It is fitting that tobacco control is the focus of a recent, widely ratified global treaty and of increasing national litigation, often directly linked to countries’ human rights commitments. (shrink)

This paper discusses the meaning of an image rarely used within the religious and philosophical corpus of ancient India in order to describe the ultimate nature of God and the human being: a wall or canvas (Sanskrit, bhitti). The usage of such a peculiar image belongs to Abhinavagupta, the great exegete of the Tantric tradition who lived in Kashmir between the tenth and eleventh centuries A.D. After presenting some antecedents, the paper focuses on key passages taken fromAbhinavagupta’s work and shows (...) how, far from being secondary, the image of a wall possesses a remarkable consistency and expressive power in accordance withAbhinavagupta’s doctrinal presuppositions, in particular his commitment to a dynamic and ultimately paradoxical view of the divine realm, the universe and salvation. (shrink)

We study ultraproducts of finite residue rings \ where \ is a non-principal ultrafilter. We find sufficient conditions of the ultrafilter \ to determine if the resulting ultraproduct \ has simple, NIP, \ but not simple nor NIP, or \ theory, noting that all these four cases occur.