Ethical and legal discourse pertaining to the ability to consent to treatment and research in England operates within a dualist framework of “competence” and “capacity”. This is confusing, as while there exists in England two possible senses of legal capacity – “first person” legal capacity and “delegable” legal capacity, currently neither is formulated to bear a necessary relationship with decision-making competence. Notwithstanding this, judges and academic commentators frequently invoke competence to consent in discussions involving the validity of offering or withholding (...) consent as a synonym for legal capacity to consent. I argue that this gives rise to a conflation, jeopardising clarity and consistency in law. This is somewhat less problematic in instances of “first-person” legal capacity that are heavily informed by criteria for decision-making competence than in the second sense of legal capacity, which is qualitatively different from decision-making competence, or with first-person legal capacity when defined in different terms from competence. The paper concludes by proposing that the soundest resolution to this problem is by making decision-making competence a necessary and sufficient condition of first-person legal capacity, affording a more scrupulous distinction between the two different forms of legal capacity that exist. (shrink)

The official model of explanation proposed by the logical empiricists, the covering law model, is subject to familiar objections. The goal of the present paper is to explore an unofficial view of explanation which logical empiricists have sometimes suggested, the view of explanation as unification. I try to show that this view can be developed so as to provide insight into major episodes in the history of science, and that it can overcome some of the most serious difficulties besetting the (...) covering law model. (shrink)

In this work, the prominent political philosopher Philip Pettit embarks on a massive undertaking to offers major new accounts of the foundations of the state and the nature of justice. In doing so Pettit builds a new theory of what the state is and what it ought to be, addresses the normative question of how justice serves as a measure of the success of a state, and the way it should operate in relation to its citizens and other people.

A person presented with adequate but not conclusive evidence for a proposition is in a position voluntarily to acquire a belief in that proposition, or to suspend judgment about it. The availability of doxastic options in such cases grounds a moderate form of doxastic voluntarism not based on practical motives, and therefore distinct from pragmatism. In such cases, belief-acquisition or suspension of judgment meets standard conditions on willing: it can express stable character traits of the agent, it can be responsive (...) to reasons, and it is compatible with a subjective awareness of the available options. (shrink)

How Galileo created the problem of consciousness -- Is there a ghost in the machine? -- Can physical science explain consciousness? -- How to solve the problem of consciousness -- Consciousness and the meaning of life.

What's the Use of Philosophy? aims to answer the question posed in its title, whether the questioner intends to dismiss philosophy, or seeks a positive answer. The first three chapters explore the grounds for dismissal. Chapter 1 expresses skepticism about the value of much professional Anglophone philosophy, while recognizing virtues in work often viewed as peripheral. Chapter 2 studies a philosophical subfield, the philosophy of science, arguing that, while its condition may be better than the norm, it is far from (...) perfect. In Chapter 3, a more systematic critique is offered, in the form of a pathology report. Its diagnosis identifies six justifiable philosophical impulses that, when pursued obsessively, generate distortions and diseases: clarity becomes a fetish, formalism becomes obfuscation, "intuition" is given burdens it cannot bear, appeals to the a priori sprinkle fairy dust on controversial claims, ideas grabbed from other fields are used in cartoon forms, and questions no longer relevant are treated as if they were "timeless." Chapter 4 attempts to identify the legitimate goals of philosophy. It sees value in attempts to respond to questions arising from the difficulties of the age, in attempts to reform methods of inquiry, and, above all, in the construction of syntheses capable of helping people as they struggle to make sense of their lives. Philosophy is renewed when these traditional goals once again become central to its discussions. The final chapter responds to a frequently voiced worry in a letter to young philosophers who wonder how they can align their aspirations with the hyper-professionalism expected of them. (shrink)

Engineers are traditionally regarded as trustworthy professionals who meet exacting standards. In this chapter I begin by explicating our trust relationship towards engineers, arguing that it is a linear but indirect relationship in which engineers “stand behind” the artifacts and technological systems that we rely on directly. The chapter goes on to explain how this relationship has become more complex as engineers have taken on two additional aims: the aim of social engineering to create and steer trust between people, and (...) the aim of creating automated systems that take over human tasks and are meant to invite the trust of those who rely on and interact with them. (shrink)

An esteemed philosopher discusses his theory of universal freedom, describing how even those who are members of free societies may find their liberties curtailed and includes tests of freedom including the eyeball test and the tough-luck test.

This paper argues for a Husserlian account of phenomenal intentionality. Experience is intentional insofar as it presents a mind-independent, objective world. Its doing so is a matter of the way it hangs together, its having a certain structure. But in order for the intentionality in question to be properly understood as phenomenal intentionality, this structure must inhere in experience as a phenomenal feature. Husserl’s concept of horizon designates this intentionality-bestowing experiential structure, while his concept of motivation designates the unique phenomenal (...) character of this structure as it is experientially lived through. The way experience hangs together is itself a phenomenal feature of experience. (shrink)

Good reasoning can lead to success; bad reasoning can lead to catastrophe. Yet, it's not obvious how we reason, and why we make mistakes. This new book by one of the pioneers of the field, Philip Johnson-Laird, looks at the mental processes that underlie our reasoning. It provides the most accessible account yet of the science of reasoning.

This paper has two goals: (1) to defend a particular response to the problem of resultant moral luck and (2) to defend the claim that we are only responsible for what we could have avoided. Cases of overdetermination threaten to undermine the claim that we are only responsible for what we could have avoided. To deal with this issue, I will motivate a particular way of responding to the problem of resultant moral luck. I defend the view that one's degree (...) of responsibility is immune to moral luck but the scope of events for which one is responsible is subject to moral luck. I will then argue that this view allows us to explain away certain intuitions about responsibility and overdetermination (as well as similar intuitions regarding Frankfurt Cases). As a result, the claim that we are only responsible for what we could have avoided becomes significantly more plausible. (shrink)

Cognitive neuropsychiatry (CN) is the explanation of psychiatric disorder by the methods of cognitive neuropsychology. Within CN there are, broadly speaking, two approaches to delusion. The first uses a one-stage model, in which delusions are explained as rationalizations of anomalous experiences via reasoning strategies that are not, in themselves, abnormal. Two-stage models invoke additional hypotheses about abnormalities of reasoning. In this paper, I examine what appears to be a very strong argument, developed within CN, in favor of a twostage explanation (...) of the difference in content between the Capgras and Cotard delusions. That explanation treats them as alternative rationalizations of essentially the same phenomenology. I show, however, that once we distinguish the phenomenology (and the neuroetiology), a one-stage model is adequate. In the final section I make some more general remarks on the oneand two-stage models. (shrink)

Wisdom is peculiarly abstract, ineffable, and yet perennial. It is also temporal, stretching forwards as well is backwards in time. Wisdom is often treated as the outcome of life experience, reflection, discipline, and equanimity. Capturing the Ineffable aims to establish wisdom as an area if inquiry within anthropology and an analytic account of wisdom and its role and focus in anthropology. In addition to developing theories for an anthropology (and excavation) of wisdom, this volume argues collectively that anthropology is especially (...) well suited to engage in questioning what it is that is called wisdom, and how wisdom, as a concept, and an enacted activity, functions in metaphysical and interpersonal experiences, values, and judgements. The contributors include many key US and UK thinkers. (shrink)

This is the first complete English translation of Gottlob Frege's Grundgesetze der Arithmetik, with introduction and annotation. The importance of Frege's ideas within contemporary philosophy would be hard to exaggerate. He was, to all intents and purposes, the inventor of mathematical logic, and the influence exerted on modern philosophy of language and logic, and indeed on general epistemology, by the philosophical framework.

Distinctive features of culture industries suggest that women culture workers face formidable barriers to career advancement. Using longitudinal data on the careers of screenwriters, we examine gender inequality in the labor market for writers of feature films. We hypothesize and test three different models of labor market dynamics and find support for a model of cumulative disadvantage whereby the gender gap in earnings grows as men and women move through their careers. We suggest that the transition of screenwriting from a (...) mixed to a male-dominated occupation parallels the “empty field” phenomenon described in a study by Tuchman of nineteenth-century novelists. The institutionalization of male dominance of the film industry in the 1930s and the typecasting of women writers has had a lasting impact on gender inequality, which shows little change through the early 1990s. (shrink)

For several decades Rafael Capurro has been at the forefront of defining the relationship between information and modernity through both phenomenological and ethical formulations. In exploring both of these themes Capurro has re-vivified the transcultural and intercultural expressions of how we bring an understanding of information to bear on scientific knowledge production and intermediation. Capurro has long stressed the need to look deeply into how we contextualize the information problems that scientific society creates for us and to re-incorporate a pragmatic (...) dimension into our response that provides a balance to the cognitive turn in information science. -/- With contributions from 35 scholars from 15 countries, Information Cultures in the Digital Age focuses on the culture and philosophy of information, information ethics, the relationship of information to message, the historic and semiotic understanding of information, the relationship of information to power and the future of information education. This Festschrift seeks to celebrate Rafael Capurro’s important contribution to a global dialogue on how information conceptualisation, use and technology impact human culture and the ethical questions that arise from this dynamic relationship. (shrink)

Building on more than two decades offeminist analysis of the family, this article takes a neoinstitutionalist approach to examine some of the ways that sex, gender, and sexual orientation intersect in lesbianheaded two-parent families, affecting how they construct their roles as mothers. Institutionalist theory tends to de-emphasize how actors deliberately construct social arrangements such as parenting roles within the family. The authors' analysis of interviews from 14 lesbian mothers remedies this deficiency by focusing both on how they draw upon and (...) transform institutionalized scripts, practices, and understandings of family roles and relations. Their findings reveal how these mothers reinscribed gendered understandings while simultaneously challenging heteronormative ones in their efforts to construct and maintain socially viable two-parent families. (shrink)

The early nineteenth century saw the demise of the Italian-Atlantic tradition of republicanism and the rise of classical liberalism. A distinct Franco-German tradition of republicanism emerged from the time of Jean-Jacques Rousseau and Immanuel Kant, which differs from the older way of thinking associated with neo-republicanism. This chapter examines the key differences between the Italian-Atlantic and Franco-German traditions of republicanism and places them in a historical context. It first considers classical republicanism and how the ideological ideal of equal freedom as (...) nondomination differs from the twin institutional ideals of a mixed constitution and a contestatory citizenry. It then looks at the classical liberal opposition that arose in response to Italian-Atlantic republicanism. It also discusses the views of Kant and Rousseau about freedom and the role of the citizenry, as well as their theory of the constitution. The absolutist opposition in Jean Bodin and Thomas Hobbes to the institutional ideals of republicanism is also explored. (shrink)

Trusting someone in an intuitive, rich sense of the term involves not just relying on that person, but manifesting reliance on them in the expectation that this manifestation of reliance will increase their reason and motive to prove reliable. Can trust between people be formed on the basis of Internet contact alone? Forming the required expectation in regard to another person, and so trusting them on some matter, may be due to believing that they are trustworthy; to believing that they (...) seek es teem and will be rationally responsive to the good opinion communicated or promised by an act of trust; or to both factors at once. Neither mechanism can rationally command confidence, however, in the case where people are related only via the Internet. On the Internet everyone wears the ring of Gyges; everyone is invisible, in their personal identity, to others. (shrink)

This chapter contains section titled: Rawls's Anti‐Cosmopolitanism Rawls's Ontology of Peoples Reconstructing Rawls's Rejection of Cosmopolitanism Acknowledgments Notes.

Abstractionism, which is a development of Frege's original Logicism, is a recent and much debated position in the philosophy of mathematics. This volume contains 16 original papers by leading scholars on the philosophical and mathematical aspects of Abstractionism. After an extensive editors' introduction to the topic of abstractionism, the volume is split into 4 sections. The contributions within these sections explore the semantics and meta-ontology of Abstractionism, abstractionist epistemology, the mathematics of Abstractionis, and finally, Frege's application constraint within an abstractionist (...) setting. (shrink)

It is intuitive that free action depends on consciousness in some way, since behavior that is unconsciously generated is widely regarded as un-free. But there is no clear consensus as to what such dependence comes to, in part because there is no clear consensus about either the cognitive role of consciousness or about the essential components of free action. I divide the space of possible views into four: the Constitution View (on which free actions metaphysically consist, at least in part, (...) in phenomenally conscious episodes of a special sort), the Causal-Dependence View (on which free actions are necessarily caused by conscious episodes), the Counterfactaul-Dependence View (on which free actions necessarily counterfactually dependent on conscious episodes of certain types), and the Independence View (on which there are no necessary dependence-relations that hold between free action and conscious episodes). After surveying recent empirical literature that purports to show that consciousness plays a smaller role in generating action than is usually supposed, I conclude that it is plausible that free action depends on consciousness in two ways. First, free action causally depends on consciousness control. Second, free action counterfactually depends on the agent's being responsive to certain reasons. (shrink)

A ‘Ulysses arrangement’ (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive’ UAs, which raise the question of the permissibility of overriding the patient’s subsequent decisionally competent change of mind on the authority of the patient’s own prior agreement. In “The Ethical Justification for Ulysses Arrangements”, I consider sceptical and supportive arguments concerning competence-insensitive UAs, and (...) argue that there are compelling reasons to give such UAs serious consideration. In “Decisional Competence and Legal Capacity in UAs”, I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in “Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs”, I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research. (shrink)

This article describes a method of scoping for potential ethical contentions within a resource constrained research environment where actor participation and bottom–up analysis is precluded. Instead of reverting to a top–down analytical structure, a data-led process is devised. This imitates a bottom–up analytic structure in the absence of the direct participation of actors, culminating in the construction of a map of the ethical landscape; a high-resolution ethical matrix of coded interpretations of various actors’ ethical framings of the technology. Despite its (...) limitations, which are discussed, the map can subsequently support the identification of areas where ethical contentions may be raised. Here, the method is described with reference to the construction and analysis of a map of the ethical landscape of carbon capture and storage technology. Taken as a preliminary stage of a larger study, it can support the design and initiation of more sophisticated analyses which may integrate stronger bottom–up participation and facilitate a reflective, deliberative process amongst actors. (shrink)

This essay explores some of the similarities and differences between the views of several Western and Chinese thinkers on the metaphysical status of moral qualities and how we come to perceive and appreciate them. It then uses this comparative analysis to identify and address some remaining problems in regard to these two issues. The essay offers a brief sketch of and introduction to the history of the study of moral qualities and moral perception in modern Western philosophy and takes the (...) views of John McDowell, W ang Yangming, and Mencius as the primary focus of its comparative component. It seeks to understand the views of these thinkers by a careful examination of the metaphors as well as the arguments they employ. (shrink)

The Music Instinct Philip Ball provides the first comprehensive, accessible survey of what is known--and what is still unknown--about how music works its magic, and why, as much as eating and sleeping, it seems indispensable to humanity. --from publisher description.

In this article, I argue for a novel understanding of compassion—what I call a ‘compassion towards thriving’ approach—to inform public mental health ethics. The argument is developed through two main parts. In the first part, I develop an account of compassion towards thriving that builds upon Martha Nussbaum’s philosophical work on compassion. This account expands the ambit of compassion from a focus on the alleviation of existing suffering to the prevention of potential future suffering through the facilitation of personal growth (...) based on a ‘psychosocial’ understanding of mental health. In the second part of the article, I discuss the aims of public mental health and examine compassion towards thriving’s normative synergies with existing approaches in public health ethics. I explain how compassion towards thriving supports a vision of public health ethics which is concerned with solidarity, social justice and flourishing. I then apply this compassion towards thriving approach to evaluate the ‘Every Mind Matters’ public mental health campaign in England, highlighting its affinities with the ethos of the campaign. I also identify and explain two ways in which the application of a compassion towards thriving approach could enhance its delivery. (shrink)

Mountaineering is a dangerous activity. For many mountaineers, part of its very attraction is the risk, the thrill of danger. Yet mountaineers are often regarded as reckless or even irresponsible for risking their lives. In this paper, we offer a defence of risk-taking in mountaineering. Our discussion is organised around the fact that mountaineers and non-mountaineers often disagree about how risky mountaineering really is. We hope to cast some light on the nature of this disagreement – and to argue that (...) mountaineering may actually be worthwhile because of the risks it involves. Section 1 introduces the disagreement and, in doing so, separates out several different notions of risk. Sections 2–4 then consider some explanations of the disagreement, showing how a variety of phenomena can skew people's risk judgements. Section 5 then surveys some recent statistics, to see whether these illuminate how risky mountaineering is. In light of these considerations, however, we suggest that the disagreement is best framed not simply in terms of how risky mountaineering is but whether the risks it does involve are justified. The remainder of the paper, sections 6–9, argues that risk-taking in mountaineering often is justified – and, moreover, that mountaineering can itself be justified (in part) by and because of the risks it involves. (shrink)

There is broad agreement that child labor is wrong and should be eliminated. This chapter examines the three main moral objections to child labor and considers their limitations: harm-based objections, objections from failing to benefit children, and objections from exploitation. Harm-based objections struggle with baselines for comparison and difficulties with Non-Identity problems. Even if child labor is not harmful, it may be wrong because it prevents children from enjoying other benefits, such as schooling. However, is schooling necessarily more beneficial for (...) children than work? Some kinds of child labor may not be harmful, and may benefit children, but they may still be wrong because they are exploitative. I consider some ways to address exploitative child labor, inspired by campaigns led by child workers. The chapter ends with a surprising conclusion that challenges the broad consensus with which we began: we may have duties to promote child labor. (shrink)

The renowned cognitive scientist Philip Lieberman demonstrates that there is no better guide to the world's living--and still evolving--things than Darwin and that the phenomena he observed are still being explored at the frontiers of science. Lieberman relates the insights that led to groundbreaking discoveries in both Darwin's time and our own.

Contents: -- Preface and note on text structure -- Acknowledgements -- Introduction: the distinction of dignity -- Dignity, freedom and reason - from ancient greece to early modernity -- The sense of dignity in moral philosophy ¿ from the ethical intuitionists to the irrationalists -- Marx's critique of morality - natural law, the state and citizenship -- Classical sociology's regard for human dignity -- The human face of dignity reflected in phenomenology and existentialism -- Fresh terms for dignity attending the (...) frankfurt school (both 'old' and 'young') -- Notes sampling research and practice: making dignity work; making dignity care -- The slighting of dignity - the critics charter -- Conclusion: after the recognition of dignity. (shrink)

The question has been raised whether Nietzsche intends eternal recurrence to be like a categorical imperative. The obvious objection to understanding eternal recurrence as like a categorical imperative is that for a categorical imperative to make any sense, for moral obligation to make any sense, it must be possible for individuals to change themselves. And Nietzsche denies that individuals can change themselves. Magnus thinks the determinism “implicit in the doctine of the eternal recurrence of the same renders any imperative impotent…. (...) How can one will what must happen in any case?” At the other end of the spectrum, those who do hold that eternal recurrence is like a categorical imperative, for their part, tend to ignore or deny the determinism involved in eternal recurrence. This article explores the extent to which it can be claimed that eternal recurrence is like a categorical imperative without downplaying Nietzsche's dterminism. (shrink)

Many people think Marx a totalitarian and Soviet Marxism the predictable outcome of his thought. How might one combat this completely mistaken image? What if one could demonstrate that Western European social democracy represents Marx’s thought far more than did Soviet Marxism? What if one shows that Marx and social democracy are quite compatible? What if one shows that Marx actually supported social democratic parties? If social democracy is closer to being the true face of Marxism after Marx, then all (...) claims of totalitarianism evaporate. There is nothing remotely totalitarian about social democracy. And from the start, social democrats were highly critical of the undemocratic tactics of Soviet Marxism. To demonstrate the relationship between Marx and social democracy it will be necessary to show that, for Marx, socialist society is compatible with a market economy—as long as markets are controlled to eliminate alienation. It will also be necessary to show that markets can be controlled democratically, that Marx was very much a democrat, and that he and Engels worked quite actively with democratic parties. It will also be necessary to show that Marx developed a theory of revolution compatible with a democratic electoral movement engaged in by a social democratic party. It will also be necessary to show that Marx and Engels, from the late 1860s on, worked extensively with and supported the Social Democratic Party (SPD) of Germany—which eventually became the largest party in Germany and the largest socialist party in the world. (shrink)

This article tries to explain how Hegel's Phenomenology is organized, what it is trying to do, and where it is trying to go. It argues that the Phenomenology gives a transcendental deduction of the absolute. Hegel's strategy is to keep setting out more and more complex forms of experience and to demolish any explanations of this experience that are simpler than the absolute--thus, to show that the absolute is the only explanation of experience. We finally get a paradigm with enough (...) scope to include everything, make it a part of a whole, and leave nothing out. (shrink)