In an earlier article, I introduced the “restricting claims principle” to explain what is right about the means principle: the idea that it is harder to justify causing or allowing someone to suffer harm if using him as a means than if causing or allowing harm as a side effect. The RCP appeals to the idea that claims not to be harmed as a side effect push to restrict an agent from doing what she would otherwise be (...) free to do for herself or others, given an appropriate account of her baseline freedom. Claims not to be harmed as a means are not in that way ‘‘restricting.’’ The original RCP relied on a counterfactual account of the agent’s baseline freedom: What could the agent permissibly do if the patient were not present? I argue here that that counterfactual baseline fails. The revised RCP relies instead on a ‘‘toolkit baseline’’: Do the patient claims concern the property the agent needs to use? This toolkit baseline reflects the different ways that agents relate to others: as fellow agents with whom they divide up the resources of the world, and as patients who might be affected by their actions. The toolkit baseline, resting on this agent-patient divide, provides a superior account of an agent’s baseline freedom, and a better account of the moral ground for the means principle. (shrink)

I here settle a recent dispute between two rival theories in distributive ethics: Restricted Prioritarianism and the Competing Claims View. Both views mandate that the distribution of benefits and burdens between individuals should be justifiable to each affected party in a way that depends on the strength of each individual’s separately assessed claim to receive a benefit. However, they disagree about what elements constitute the strength of those individuals’ claims. According to restricted prioritarianism, the strength of a claim (...) is determined in ‘prioritarian’ fashion by both what she stands to gain and her absolute level of well-being, while, according to the competing claims view, the strength of a claim is also partly determined by her level of well-being relative to others with conflicting interests. I argue that, suitably modified, the competing claims view is more plausible than restricted prioritarianism. (shrink)

Composition, persistence, vagueness, and more constitute an interconnected network of problems. My criticism of Hud Hudson's provocative claims made in a recent paper (Hudson 2002) was focused almost exclusively on the issue of diachronic composition (Balashov 2003). Hudson's response (2003) has highlighted the dangers of such isolationism. But I want to hold to my strategy to the end. Part of the reason is to evade the appalling responsibility of presenting a full-blown theory of all the above phenomena; I must (...) confess that I do not have such a theory. At the same time, I contend that diachronic composition can be profitably carved out from the medley of the surrounding issues more or less at the joints provided by nature itself. And I do subscribe to some sort of realism about the joints of nature. (shrink)

Procedural theories of practical reasoning provide rules according to which agents' reasons for action are constructed. Those procedures operate on some given input (an agent's desires, other mental states, and circumstances) to the reasoning process in a way that determines the output of an agent's reasons for action. I argue that a procedural theory of practical reasoning must include a previously unrecognized normative restriction on what counts as acceptable input, roughly, that agents should take features of their own, but not (...) others', selves as input. Using Korsgaard's The Sources of Normativity as a case study, I show that common features of procedural theories result in a threat to each person's view of themselves as practically distinct from others. I then show that psychological claims are insufficient to defeat this threat, and that maintaining a practical distinction between ourselves and others requires a normative restriction on the input to practical reflection. (shrink)

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good for her. For (...) example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. (shrink)

The primary purpose of this essay is to offer a critique of a particular program within moral and political philosophy. This program can be stated quite succinctly. It is to account for agents' being subject to deontic restrictions on the basis of their possession of agent-relative reasons for acting in accordance with those restrictions. Needless to say, the statement of this program requires some further explication. Specifically, two claims require explanation: the reasons individuals have for or against engaging in (...) particular actions are, at least to a very significant extent, agent-relative rather than agent-neutral; and agents' conduct toward others is subject to deontic restrictions. Finally, I need to explain why an agent's possession of agent-relative reasons for performing or refraining from certain actions may be thought to explain that agent's being subject to certain deontic restrictions. (shrink)

ABSTRACT In this paper, I support the claim that placing certain restrictions on public access to possible new treatments is morally problematic under some exceptional circumstances. Very ill patients may find that all available standard treatments are unacceptable, either because they are ineffective or have serious adverse effects, and these patients may understandably be desperate to try something new even if this means stepping into the unknown. Faced with certain death, it is rational to want to try something new and (...) to chance a dire outcome. Restricting possible new treatments to research trials may put these treatments scientifically, geographically or economically out of reach of these patients. For those who can get access, research restrictions could weaken, though not necessarily eliminate, the value of consent participants of such trials are able to give. Some participants may therefore be exploited for scientific purposes in the name of public interest. There are nonetheless compelling reasons for keeping some restrictive regulation in this area. (shrink)

Normal 0 21 false false false ES X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} The main aim of this paper is to argue on behalf of instrumentalism in the philosophy of physics. Following Theo Kuipers’ terminology of domain extension and domain restriction I claim, contradicting him, that the methodology of domain (...) revision can only support an antirealist approach to the theory of physics. The existence of both extensions and restrictions of the application domain of theoretical models and the theoretical incompatibility between successive theories provide respectively with minor and major arguments for instrumentalism in physics. (shrink)

Realist theories about fictional entities must explain the fact that, in ordinary contexts people deny, apparently in all seriousness, that there are such things as the Big Bad Wolf and Santa Claus. The usual explanation treats these denials as involving restricted quantification: The speaker is said to be denying only that the Big Bad Wolf and Santa Claus are to be found among real or actual things, not that there are no such things at all. This is unconvincing. The denials (...) may just as naturally be phrased as “The Big Bad Wolf and Santa Claus don't exist”, and claims of nonexistence seem not to admit of interpretations corresponding to statements of restricted quantification. Ordinary denials of the existence of fictional entities constitute a severe difficulty for realist theories. (shrink)

According to representationalism, the qualitative character of our phenomenal mental states supervenes on the intentional content of such states. Strong representationalism makes a further claim: the qualitative character of our phenomenal mental states _consists in_ the intentional content of such states. Although strong representationalism has greatly increased in popularity over the last decade, I find the view deeply implausible. In what follows, I will attempt to argue against strong representationalism by a two-step argument. First, I suggest that strong representationalism must (...) be _unrestricted_ in order to serve as an adequate theory of qualia, i.e., it must apply to all qualitative mental states. Second, I present considerations to show that an unrestricted form of strong representationalism is problematic. (shrink)

Realist theories about fictional entities must explain the fact that, in ordinary contexts people deny, apparently in all seriousness, that there are such things as the Big Bad Wolf and Santa Claus. The usual explanation treats these denials as involving restricted quantification: The speaker is said to be denying only that the Big Bad Wolf and Santa Claus are to be found among real or actual things, not that there are no such things at all. This is unconvincing. The denials (...) may just as naturally be phrased as “The Big Bad Wolf and Santa Claus don't exist”, and claims of nonexistence seem not to admit of interpretations corresponding to statements of restricted quantification. Ordinary denials of the existence of fictional entities constitute a severe difficulty for realist theories. (shrink)

Causal selection and priority are at the heart of discussions of the causal parity thesis, which says that all causes of a given effect are on a par, and that any justified priority assigned to a given cause results from causal explanatory interests. In theories of causation that provide necessary and sufficient conditions for the truth of causal claims, status as cause is an either/or issue: either a given cause satisfies the conditions or it does not. Consequently, assessments of (...) causal parity and priority require more resources, which can either be additional or part of the causal analysis itself. While adding resources in terms of a theory of causal explanation has been standard, here we develop a unified conceptual analysis that includes a range of different precise causal concepts that allows for assessments of causal priority in terms of different kinds of causal relevance. (shrink)

Basing their claims on findings in the behavioral sciences that illuminate cognitive deficiencies, scholars spanning multiple disciplines argue that certain features of free market capitalist societies threaten human wellbeing, especially insofar as such societies are marked by a proliferation of consumer choices and incessant demands on decision making. This paper thus attempts three things. First, it outlines the criticisms of the expansive freedoms found in free market societies, based on those findings, in order to provide a reliable overview of (...) the shape of the critics’ concerns. Second, it surveys typical objections to these critics’ concerns, while also taking note of actual and anticipated counter-responses, in order to demonstrate why the debate about the value of those freedoms is not settled by those objections. Third, it argues that one objection remains that demands further debate and consideration before the critics’ choice restrictions should materialize. Namely, since there is solid evidence that entrepreneurship contributes to overall happy and healthy societies, and since the benefits of entrepreneurship are best realized in the types of societies marked by more expansive freedoms than the critics would countenance, the critics, who are concerned with general wellbeing, ought to consider the impact of their choice-restricting proposals on entrepreneurship. This paper does not claim that these critics offer baseless concerns about various threats to our wellbeing that arise from ample exercises of liberty, but it does argue that recognizing the role that entrepreneurship plays in fostering such wellbeing severely dampens the force of their implications for liberty. (shrink)

The knowability paradox derives from a proof by Frederic Fitch in 1963. The proof purportedly shows that if all truths are knowable, it follows that all truths are known. Antirealists, wed as they are to the idea that truth is epistemic, feel threatened by the proof. For what better way to express the epistemic character of truth than to insist that all truths are knowable? Yet, if that insistence logically compels similar assent to some omniscience claim, antirealism is in jeopardy. (...) Response to the paradox has drifted toward a common theme, a theme I will argue is a non-starter in resolving the paradox. Seeing this point will also make clear the philosophical inadequacy of simply viewing the paradox as a refutation of a wide range of antirealisms. (shrink)

In discussions of Fitch’s paradox, it is usually assumed without further argument that knowledge is factive, that if a subject knows that p, then p is true. It is argued that this common assumption is not as well-founded as it should be, and that there in fact are certain reasons to be suspicious of the unrestricted version of the factiveness claim. There are two kinds of reason for this suspicion. One is that unrestricted factiveness leads to paradoxes and unexpected results, (...) the other is that the usual arguments for factiveness are not as compelling as is commonly thought. There may in fact be some kinds of contexts, where factiveness doesn’t hold for knowledge—the usual arguments for factiveness don’t suffice to support the claim that knowledge is unrestrictedly factive. Perhaps all that can be shown is that knowledge is at times factive, or that it is default factive, as it were: this doesn’t show that there can’t be counterexamples, however. Certain aspects of knowledge without unrestricted factiveness are examined briefly. (shrink)

André Gallois’ (1993) modified account of restrictedly rigid designators (RRDs) does indeed block the objection I made to his original account (Gallois 1986; Ramachandran 1992). But, as I shall now show, there is a deeper problem with his approach which his modification does not shake off. The problem stems from the truth of the following compatibility claim: (CC) A term’s restrictedly rigidly designating (RR-designating) an object x is compatible with it designating an object y in a world W where x (...) exists but is distinct from y.1 It follows from (CC) that the necessary (contingent) truth of a sentence of the form “α is identical with β”, where “α” and “β” are RRDs of objects x and y respectively, does not require the necessary (contingent) identity of x and y. This is borne out by Gallois’ original example (see 1986, p. 58-63). Taking W to be the actual world, we have: (1) “Mary is identical with Mary” is necessarily true; yet “Mary” RR- designates Mary and Alice, which are only contingently identical. 1 I leave it to the reader to check that in Gallois’ own example (1986, p. 58), on the view he defends (pp. 62-63), and despite his modified characterisation of restricted rigidity, RDC# (1993, p. xx), “Mary” RR-designates Alice (as well as Mary) in W, but designates Mary and not A/ice in W1. Gallois has accepted this in correspondence. In light of (CC), while I agree with Gallois (1993, p. 153) that: (7) (a=b & ◊(a≠b)) → (∃x)(∃y)(x=y & ◊(x≠y)) is a theorem given RDC#, I dispute his defence of it (on p. 153). For, if (CC) is correct, the antecedent of (7) could be true even though a and b are identical in every world (where either exists)! (shrink)

A familiar objection to restrictive consequentialism is that a restrictive consequentialist is incapable of having true friendships. In this paper I distinguish between an instrumentalist and a non-instrumentalist version of this objection and argue that while the restrictive consequentialist can answer the non-instrumentalist version, restrictive consequentialism may still seem vulnerable to the instrumentalist version. I then suggest a consequentialist reply that I argue also works against this version of the objection. Central to this reply is the claim that a restrictive (...) consequentialist is capable of true friendship if the value she aims for is not merely seen as a function of her self-regarding desires, but includes as a central constituent a form of objective value often referred to as 'flourishing' or 'self-realization'. (shrink)

Some, notably Peter van Inwagen, in order to avoid problems with free will and omniscience, replace the condition that an omniscient being knows all true propositions with a version of the apparently weaker condition that an omniscient being knows all knowable true propositions. I shall show that the apparently weaker condition, when conjoined with uncontroversial claims and the logical closure of an omniscient being's knowledge, still yields the claim that an omniscient being knows all true propositions.

According to Jackson, Pettit & Smith , “restricted particularism” is not affected by their supervenience-based consideration against particularism but, they claim, suffer from a different difficulty, roughly that it would violate the platitude about moral argument that, in debating controversial moral issues, a central role is played by various similarity claims. I present a defense of “restricted particularism” from this objection, which accommodates the platitudinous character of the claim that ordinary participants in conversations concerning the evaluative are committed to (...) descriptive similarities and differences being relevant in the way described by Jackson, Pettit and Smith, to moral similarities and differences. My defense exploits a presuppositional component congenial to response-dependent proposals such as Lewis’s. (shrink)

According to Jackson, Pettit & Smith, “restricted particularism” is not affected by their supervenience-based consideration against particularism but, they claim, suffer from a different difficulty, roughly that it would violate the platitude about moral argument that, in debating controversial moral issues, a central role is played by various similarity claims. I present a defense of “restricted particularism” from this objection, which accommodates the platitudinous character of the claim that ordinary participants in conversations concerning the evaluative are committed to descriptive (...) similarities and differences being relevant in the way described by Jackson, Pettit and Smith, to moral similarities and differences. My defense exploits a presuppositional component congenial to response-dependent proposals such as Lewis’s. (shrink)

Some bioethicists and political philosophers argue that rich states should restrict the immigration of health workers from poor countries in order to prevent harm to people in these countries. In this essay, I argue that restrictions on the immigration of health workers are unjust, even if this immigration results in bad health outcomes for people in poor countries. I contend that negative duties to refrain from interfering with the occupational liberties of health workers outweighs rich states' positive duties to prevent (...) harm to people in sending countries. Furthermore, I defend this claim against the objection that health workers in poor countries acquire special duties to their compatriots that render them liable to coercive interference. (shrink)

Some bioethicists and political philosophers argue that rich states should restrict the immigration of health workers from poor countries in order to prevent harm to people in these countries. In this essay, I argue that restrictions on the immigration of health workers are unjust, even if this immigration results in bad health outcomes for people in poor countries. I contend that negative duties to refrain from interfering with the occupational liberties of health workers outweighs rich states' positive duties to prevent (...) harm to people in sending countries. Furthermore, I defend this claim against the objection that health workers in poor countries acquire special duties to their compatriots that render them liable to coercive interference. (shrink)

According to many philosophers, the world should embrace open borders – that is, let people move around the globe and settle as they wish, with exceptions made only in very specific cases such as fugitives or terrorists. Defenders of open borders have adopted two major argumentative strategies. The first is to claim that immigration restrictions involve coercion, and then show that such coercion cannot be morally justified. The second is to argue that adopting worldwide open borders policies would make the (...) world a much better place, particularly by improving average well-being. This essay contends that both of these argumentative strategies fail. Some immigration restrictions are not only morally justified, but morally required. (shrink)

Most challenges to immigration restrictions have not shown that states lack a claim-right to exclude, or a moral right against outside interference to make membership decisions. And an important, unexamined aspect of the claim-right is that states have the right against interference to wrongfully exclude, or the right to do wrong when making admission decisions. A major implication of this right is that even political or economic measures to affect states’ immigration policies are off the table – significantly compromising the (...) prospect of meaningfully addressing the world’s growing refugee crisis. In the form of a reductio argument, I provide reason to reject this position. Specifically, I try to demonstrate that, in the relevant cases, a plausible moral defense for the right to wrongfully exclude can only be given for states with objectionable character – protecting the very states whose immigration policies we should be most concerned with, which is surely morally counterintuitive. (shrink)

The independence phenomenon in set theory, while pervasive, can be partially addressed through the use of large cardinal axioms. A commonly assumed idea is that large cardinal axioms are species of maximality principles. In this paper I question this claim. I show that there is a kind of maximality (namely absoluteness) on which large cardinal axioms come out as restrictive relative to a formal notion of restrictiveness. Within this framework, I argue that large cardinal axioms can still play many of (...) their usual foundational roles. (shrink)

Employing a well-known local regularity from macroeconomics, the Phillips curve, I examine Woodward’s ([2000], [2003]) account of the explanatory power of such historically restricted generalizations and the mathematical models with which they are sometimes associated. The article seeks to show that, pace Woodward, to be explanatory such generalizations need to be underwritten by more fundamental ones, and that rational choice theory would not avail in this case to provide the required underwriting. Examining how such explanatory restricted regularities are underwritten in (...) biology—by unrestricted Darwinian regularities—provides the basis for an argument that Darwinian regularities serve the same function in human affairs. The general argument for this claim requires, inter alia , that we accept some version or other of a theory of memes. The article concludes by clearing the field of some prominent objections to the existence of memes, and extracting some policy implications from the persistence and acceleration of arms races in human affairs. (shrink)

Global consumption of antibiotics has accelerated the evolution of bacterial antimicrobial resistance. Yet, the risks from increasing bacterial antimicrobial resistance are not restricted to human populations: transmission of antimicrobial resistant bacteria occurs between humans, farms, the environment and other reservoirs. Policies that take a ‘One Health’ approach deal with this cross-reservoir spread, but are often more restrictive concerning human actions than policies that focus on a single reservoir. As such, the burden of justification lies with these more restrictive policies. We (...) argue that an ethical justification for preferring One Health policies over less restrictive alternatives relies on empirical evidence as well as theory. The ethical justification for these policies is based on two arguments: (i) comparatively greater effectiveness, and (ii) comparatively better tracking of moral responsibility. Yet the empirical assumptions on which these claims rest are limited by existing empirical knowledge. Using livestock farming as an example, we suggest that scientific research into characterising antimicrobial resistance and linking practices to outcomes ought to be guided (at least in part) by the imperative to supply the context-specific data needed to ethically justify preferring a One Health policy over less restrictive alternatives. (shrink)

Arguments in favor of an individual moral right to keep and bear firearms typically appeal to the value of guns as a reasonable means of self-defense. This is, for the most part, an empirical claim. If it were shown that allowing private gun ownership would lead to an overall net increase in crime or other social harms, then the strength of a putative right to own a gun would be diminished. But would it be defeated completely? I do not think (...) so, and indeed I want to suggest in this paper that even if the harms outweigh the benefits, that neither an outright ban on handguns nor restrictive discretionary ownership policies are justified as an initial reaction. In other words, given that the overall harms outweigh the overall benefits, the default position is still one in favor of reasonably permissive gun laws over a total ban or restrictive discretionary policies. (shrink)

In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. Consequentialism and (...) contractualism share this feature, so contractualism cannot support stronger deontic restrictions than consequentialism supports. (shrink)

This paper discusses why speech regulations are logically necessary for any account of a moral right to free speech. My argument for limiting the right to free speech (and more widely any right to freedom) will be grounded in compossibility. Rights to freedom, formally speaking, are claims by an agent that other people not interfere with them; a compossible set of rights is one where the domains of permissible actions–permitted by each claim (and its correlative duty) within the set–do (...) not contradict one another across claims. I will argue that in order for claims to be coherent, they cannot generate contradictory domains, and that for a claim to non-interference to not generate contradictory domains across multiple people with the same claim, the claim must be restricted. This account as it currently stands can at least generate conclusions on the permissibility of incitement. (shrink)

Recently, Stephan Blatti has argued that a deprivationist view (DV) of death’s harm is incomplete, and he presents a view such that the kind of distinctive harm that death brings to an individual involves the restriction of that individual’s autonomy.2 Not only does death deprivation-harm us, but it also restriction-harms us. Let us label such an account—one that includes both deprivation and restriction as comprising death’s harm—as a ‘deprivationist-restrictionist view’ (or ‘DRV’). Blatti favors DRV because it avoids several worries that (...) beset DV. In this paper, I present several objections to DRV; in particular, I raise some problems for the claim that death restriction-harms us and show that even DRV does not avoid the worries of DV—so there is no reason to prefer DRV over DV. (shrink)

Hegel, Derrida, and Restricted Economy: The Case of Mechanical Memory STEPHEN HOULGA'FE A GLANCE AT THE TEXTS OF Jacques Derrida and at the texts and lectures of G. W. F. Hegel indicates that Hegel and Derrida are extraordi- narily different thinkers. Hegel is clearly what Derrida would regard as a philosopher of presence, working toward the point "where knowledge no longer needs to go beyond itself, where knowledge finds itself," where con- sciousness is present to itself as it is in (...) itself. 1 Derrida, on the other hand, suggests that everything that is present, here, now, at this moment, bears within it, as constitutive features of itself, the marks or traces of what is irredeemably past, and that, consequently, we can never talk of entities such as ourselves being simply or wholly present to themselves. ~ Derrida claims in Positions that he tries hard to distinguish "diff6rance" from tlegelian "differ- ence," indeed that "diff~rance" might well be defined precisely as "the inter- ruption, the destruction of Hegelian sublation [relive] wherever it operates"; and, to judge at least from the look of his texts, he would seem to have G. W. F. Hegel, Werke in zwamag B~inden, edited by E. Moldenhauer and K. M. Michel, 20 vols. and Index, Ill [Phi~nomenologie des Geistes], 74. For the English translation, see Hegel, Phenomenolog) of Spirit, translated by A. V. Miller, with analysis of the... (shrink)

Hegel, Derrida, and Restricted Economy: The Case of Mechanical Memory STEPHEN HOULGA'FE A GLANCE AT THE TEXTS OF Jacques Derrida and at the texts and lectures of G. W. F. Hegel indicates that Hegel and Derrida are extraordi- narily different thinkers. Hegel is clearly what Derrida would regard as a philosopher of presence, working toward the point "where knowledge no longer needs to go beyond itself, where knowledge finds itself," where con- sciousness is present to itself as it is in (...) itself. 1 Derrida, on the other hand, suggests that everything that is present, here, now, at this moment, bears within it, as constitutive features of itself, the marks or traces of what is irredeemably past, and that, consequently, we can never talk of entities such as ourselves being simply or wholly present to themselves. ~ Derrida claims in Positions that he tries hard to distinguish "diff6rance" from tlegelian "differ- ence," indeed that "diff~rance" might well be defined precisely as "the inter- ruption, the destruction of Hegelian sublation [relive] wherever it operates"; and, to judge at least from the look of his texts, he would seem to have G. W. F. Hegel, Werke in zwamag B~inden, edited by E. Moldenhauer and K. M. Michel, 20 vols. and Index , Ill [Phi~nomenologie des Geistes], 74. For the English translation, see Hegel, Phenomenolog) of Spirit, translated by A. V. Miller, with analysis of the.. (shrink)

Many people who claim that evolution and theism are in tension assume that God, being omnipotent, could create life in different ways. For instance, Paul Draper has argued that the fact that life evolved on earth supports naturalism over theism. However, for there to be a probabilistic tension between naturalism and theism, because of the fact of evolution, a certain background assumption must be true, namely, that God could have made biological organisms and species through an act of Genesis-style special (...) creation, or some combination of evolution and special creation. But that background assumption is potentially faulty. Why? Because special creation presupposes that biological organisms and species are spatiotemporally unrestricted entities, and if the dominant paradigm in biology, and philosophy of biology, on the ontological status of organisms and species is correct, then they are spatiotemporally restricted entities. (shrink)

The Grand Chamber of the European Court of Human Rights has recently handed down its judgement in the case of three women contesting the abortion law in the Republic of Ireland, which has one of the most restrictive abortion laws in the world. Although the Court ruled that Ireland had to clarify the current law following the success of one of the three claims, the failure of the other two claims allows Ireland to continue to enforce its law, (...) which has an adverse effect on women's health. This paper, therefore, proposes an amendment to abortion legislation in the Republic of Ireland that would be compatible with safeguarding women's health, highlighting several circumstances in which the continuation of a pregnancy may have a detrimental impact on a woman's physical and/or mental health. (shrink)

Smooha argues that Joppke's thesis in his paper on comparative citizenship in Europe—there is no restrictive turn in citizenship and immigration laws and practices in Europe—is questionable. This is true not only for the pre-enlargement 15 EU countries during the years 1980-2006 under Joppke's study, but also for the post-enlargement 27 EU countries. When the time range is broadened to the post-1945 period, it is clear that the historical trend of liberalization has come to an end in Europe and this (...) is in spite of Europe's dire need of immigrants and the great desire of non-Europeans to immigrate to Europe. Europe is particularly fearful of Moslems, Arab Moslems, and Black Africans. Nevertheless, the comparison between Israel and the EU countries can put the discussion on Europe in perspective. Israel can be representative of non-European countries that claim to be Western or European countries that are latecomers to the West. When these countries are compared to the 15 EU countries, as described and analyzed by Joppke, it is evident that the EU core is liberal and Israel and non-core European countries are not liberal in their laws and practices. EU laws on immigration and naturalization are motivated only partially by ethnicity while those of other countries are more shaped by ethnic considerations and those of Israel are mainly determined by ethnicity and ethnicity-based fear. According to Smooha the EU might move in Israel's highly restrictive direction when it feels that its Western civilization, national cultures, and internal security are more significantly and increasingly threatened by non-European immigrants and their descendants. (shrink)

Fairness is a central, but under-theorized, notion in moral and political philosophy. This paper makes two contributions. Firstly, it criticizes Broome’s seminal account of fairness in Proc Aristotelian Soc 91:87–101, showing that there are problems with restricting fairness to a matter of relative satisfaction and holding that it does not itself require the satisfaction of the claims in question. Secondly, it considers the justification of lotteries to resolve cases of ties between competing claims, which Broome claims (...) as support for his theory, and contrasts random procedures to contests of skill, which may also be considered lotteries in a broader sense. I offer no alternative account of fairness of my own, but hope to point the way for future research on the nature of fairness. (shrink)

Metaethics is often dominated by both realist views according to which moral claims are made true by either non-natural or natural properties and by non-cognitivist views according to which these claims express desire-like attitudes. It is sometimes suggested that constructivism is a fourth alternative, but it has remained opaque just how it differs from the other views. To solve this problem, this article first describes a clear constructivist theory based on Crispin Wright’s anti-realism. It then outlines an argumentative (...) strategy that can be used to argue against constructivist views about practical reasons. The rest of the article explains how the outlined constructivist metaethical framework, reasons, and contractualism in normative ethics can still be used to create a new viable metaethical constructivist position about right and wrong. (shrink)

The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering the (...) resource as common heritage of humankind. (shrink)

This article elaborates on Christopher Norris's claim that certain aspects of Derrida's work are amenable to formalisation in modal-logical terms. Norris contends that any adequate analysis of the logic behind Derrida's work must provide an account of the notions of possibility, necessity, and necessary possibility, particularly as they are related to Derrida's notion of iterability. This article examines the further hypothesis that Derrida's understanding of modality, according to which possibilities must be accounted for even if they are never realised, might (...) even better be described in terms of possible worlds. In possible-worlds semantics, the conceptual meaning of a statement is constituted by the set of alternative contexts in which that statement is true. This article argues, however, that possible-worlds semantics would be unthinkable without the experience that one referent can be substituted for another. The possibility of this experience is best described in Derridean terms. Read through Derrida's thought of the trace, the properly semantic substitutions may come to be seen as dependent on the substitution of the thing for itself; on what Derrida calls ‘the substitution of the unique for the unique’. (shrink)

How is scientific data used to represent phenomena and as evidence for claims about phenomena? In this paper, I propose that a specific type of claims – evidential claims – is involved in data practices to define and restrict the representational and evidential content of a dataset. I present an account of data practices in the epidemiology of the exposome based on the notion of evidential claims, which helps unpack the approaches, assumptions and warrants that connect (...) different stages of research. I identify three different strategies to generate different types of evidential claims in this case. The macro strategy, which individuates the dataset that serves as the initial evidential space for research. The micro strategy, which is used to generate evidential claims about the microscopic and individual component of target phenomena. The association strategy, that uses evidence from the other strategies to identify a dataset as representation of the different levels and relations of exposure and disease. Differentiating between these strategies sheds light on the multi-faceted landscape of biomedical research on environment and health; and the roles of data and evidence in the process of inquiry. (shrink)

This study analyses the responses and reactions among women in Umeå during the period of threat from the Haga Man: a serial rapist operating between 1998 and 2006, and highlights how women in this new situation handled feelings of vulnerability and fear of violence in public space. The article analyses the ways women positioned themselves in their narratives and how this could be understood in terms of how they negotiated spaces for agency within a context where public space has been (...) represented as safe and gender-equal. Women’s fear of violence is discussed in relation to Swedish gender equality discourses and contextual constructions of femininity. The research is based on empirical data collected through in-depth interviews with women in Umeå. The results show the difficulties of claiming the official position of a gender-equal femininity. The informants’ ambivalence, and partly anger, in relation to a femininity they wanted but could not have also created an opportunity for critique of women’s position in society and thus a challenge to a presumed gender equality that stands in the way of addressing issues of gendered power relations. (shrink)

It is a commonplace in the philosophy of physics that any local physical theory can be represented using arbitrary coordinates, simply by using tensor calculus. On the other hand, the physics literature often claims that spinors \emph{as such} cannot be represented in coordinates in a curved space-time. These commonplaces are inconsistent. What general covariance means for theories with fermions, such as electrons, is thus unclear. In fact both commonplaces are wrong. Though it is not widely known, Ogievetsky and Polubarinov (...) constructed spinors in coordinates in 1965, enhancing the unity of physics and helping to spawn particle physicists' concept of nonlinear group representations. Roughly and locally, these spinors resemble the orthonormal basis or "tetrad" formalism in the symmetric gauge, but they are conceptually self-sufficient and more economical. The typical tetrad formalism is de-Ockhamized, with six extra field components and six compensating gauge symmetries to cancel them out. The Ogievetsky-Polubarinov formalism, by contrast, is Ockhamized, with most of the fluff removed. As developed nonperturbatively by Bilyalov, it admits any coordinates at a point, but "time" must be listed first. Here "time" is defined in terms of an eigenvalue problem involving the metric components and the matrix $diag$, the product of which must have no negative eigenvalues in order to yield a real symmetric square root that is a function of the metric. Thus even formal general covariance requires reconsideration; the atlas of admissible coordinate charts should be sensitive to the types and \emph{values} of the fields involved. Apart from coordinate order and the usual spinorial two-valuedness, Ogievetsky-Polubarinov spinors form, with the metric, a nonlinear geometric object, for which important results on Lie and covariant differentiation are recalled. Such spinors avoid a spurious absolute object in the Anderson-Friedman analysis of substantive general covariance. They also permit the gauge-invariant localization of the infinite-component gravitational energy in General Relativity. Density-weighted spinors exploit the conformal invariance of the massless Dirac equation to show that the volume element is absent. Thus instead of an arbitrary nonsingular matrix with 16 components, 6 of which are gauged away by a new local $O$ gauge group and one of which is irrelevant due to conformal covariance, one can, and presumably should, use density-weighted Ogievetsky-Polubarinov spinors coupled to the 9-component symmetric square root of the part of the metric that fixes null cones. Thus $\frac{7}{16}$ of the orthonormal basis is eliminated as surplus structure. Greater unity between spinors and tensors and the like is achieved, such as regarding conservation laws. Regarding the conventionality of simultaneity, an unusually wide range of $\epsilon$ values is admissible, but some extreme values are inadmissible. Standard simultaneity uniquely makes the spinor transformation law linear and independent of the metric, because transformations among the standard Cartesian coordinate systems fall within the conformal group, for which the spinor transformation law is linear. The surprising mildness of the restrictions on coordinate order as applied to the Schwarzschild solution is exhibited. (shrink)

This is the second part of a two-part series on the logic of hyperlogic, a formal system for regimenting metalogical claims in the object language (even within embedded environments). Part A provided a minimal logic for hyperlogic that is sound and complete over the class of all models. In this part, we extend these completeness results to stronger logics that are sound and complete over restricted classes of models. We also investigate the logic of hyperlogic when the language is (...) enriched with hyperintensional operators such as counterfactual conditionals and belief operators. (shrink)

As of this writing, twenty‐one states have passed laws barring transgender youth‐athletes from competing on public‐school sports teams in accordance with their gender identity. Proponents of these regulations claim that transgender females in particular have inherent physiological advantages that threaten a “level playing field” for their cisgender competitors. Existing evidence is limited but does not support these restrictions. Gathering more robust data will require allowing transgender youth to compete (rather than preemptively barring them), but even if trans females are shown (...) to retain some advantage, this would not have greater moral significance than the many other “fair” physical and economic advantages found across sports. These regulations deprive transgender youth, an exceptionally vulnerable population, from the vast physical, mental, and social benefits of sports. While we advocate for transgender inclusion under our current, gender‐segregated model of sport, we propose changes to the overarching structure that would promote a more inclusive and fairer athletic environment. (shrink)

It is a commonplace in the philosophy of physics that any local physical theory can be represented using arbitrary coordinates, simply by using tensor calculus. On the other hand, the physics literature often claims that spinors \emph{as such} cannot be represented in coordinates in a curved space-time. These commonplaces are inconsistent. What general covariance means for theories with fermions, such as electrons, is thus unclear. In fact both commonplaces are wrong. Though it is not widely known, Ogievetsky and Polubarinov (...) constructed spinors in coordinates in 1965, enhancing the unity of physics and helping to spawn particle physicists' concept of nonlinear group representations. Roughly and locally, these spinors resemble the orthonormal basis or "tetrad" formalism in the symmetric gauge, but they are conceptually self-sufficient and more economical. The typical tetrad formalism is de-Ockhamized, with six extra field components and six compensating gauge symmetries to cancel them out. The Ogievetsky-Polubarinov formalism, by contrast, is Ockhamized, with most of the fluff removed. As developed nonperturbatively by Bilyalov, it admits any coordinates at a point, but "time" must be listed first. Here "time" is defined in terms of an eigenvalue problem involving the metric components and the matrix $diag$, the product of which must have no negative eigenvalues in order to yield a real symmetric square root that is a function of the metric. Thus even formal general covariance requires reconsideration; the atlas of admissible coordinate charts should be sensitive to the types and \emph{values} of the fields involved. Apart from coordinate order and the usual spinorial two-valuedness, Ogievetsky-Polubarinov spinors form, with the metric, a nonlinear geometric object, for which important results on Lie and covariant differentiation are recalled. Such spinors avoid a spurious absolute object in the Anderson-Friedman analysis of substantive general covariance. They also permit the gauge-invariant localization of the infinite-component gravitational energy in General Relativity. Density-weighted spinors exploit the conformal invariance of the massless Dirac equation to show that the volume element is absent. Thus instead of an arbitrary nonsingular matrix with 16 components, 6 of which are gauged away by a new local $O$ gauge group and one of which is irrelevant due to conformal covariance, one can, and presumably should, use density-weighted Ogievetsky-Polubarinov spinors coupled to the 9-component symmetric square root of the part of the metric that fixes null cones. Thus $\frac{7}{16}$ of the orthonormal basis is eliminated as surplus structure. Greater unity between spinors and tensors and the like is achieved, such as regarding conservation laws. Regarding the conventionality of simultaneity, an unusually wide range of $\epsilon$ values is admissible, but some extreme values are inadmissible. Standard simultaneity uniquely makes the spinor transformation law linear and independent of the metric, because transformations among the standard Cartesian coordinate systems fall within the conformal group, for which the spinor transformation law is linear. The surprising mildness of the restrictions on coordinate order as applied to the Schwarzschild solution is exhibited. (shrink)

Liberal egalitarians tend to be committed both to generous asylum policies and generous, universal welfare states. Yet there may be political, social and economic reasons why there is a conflict in realising both. Asylum seekers may create economic pressures to the welfare state, or undermine national solidarity supposedly necessary to support redistribution. In this paper, I discuss how political theorists should approach these empirical concerns. I take issue with the view that theorists can simply move between ‘realism’ and ‘idealism’ by (...) accepting more or less of reality. Instead, political theorists should seek to offer a critical description of the conflict, which can reveal structures of power that ought to be subject to normative scrutiny. To this end, I discuss two accounts of how the welfare state may justify asylum restrictions in relation to the case of Sweden, a universal welfare state that has recently introduced restrictions on asylum to protect the welfare state. I argue along these accounts that the welfare state is both an important source of political and social order and a foundation of the personal moral experience. Yet a critical analysis also illustrates how these claims weaken as underlying methodological nationalism and bias towards existing power structures are brought to light. Asylum restrictions cannot be justified if they contribute to perpetuating these power structures, which cause some of the conflict with the welfare state in the first place. (shrink)