In this paper, I will argue that there is a version of possibilism—inspired by the modal analogue of Kit Fine’s fragmentalism—that can be combined with a weakening of actualism. The reasons for analysing this view, which I call Modal Fragmentalism, are twofold. Firstly, it can enrich our understanding of the actualism/possibilism divide, by showing that, at least in principle, the adoption of possibilia does not correspond to an outright rejection of the actualist intuitions. Secondly, and more specifically, it can enrich (...) our understanding of concretism, by proving that, at least in principle, the idea that objects have properties in an absolute manner is compatible with transworld identity. (shrink)

This article puts forward solutions to some of the ethical and legal dilemmas posed in the current discussion on how to program crash algorithms in autonomous or self-driving cars. The first part of the paper defines the scope of the problem in the criminal legal field, and the next section gives a critical analysis of the proposal to always prioritise the interest of the occupant of the vehicle in situations with conflict of interests. The principle of minimizing social damage as (...) a model for configuring self-driving cars is examined in the third section. Despite its apparent plausibility, within the framework of a liberal legal system that recognises humans as free agents who have rights and responsibilities, maximizing the function of social utility does not justify harmful interference into a person’s legal sphere. Therefore, in the fourth part, the author argues the need to program the crash algorithms of autonomous cars based on a deontological understanding of the system of justifications in criminal law. The solution to the dilemma lies in a prior analysis of the legal positions of all agents involved in the conflict, from a perspective of the principles of autonomy and solidarity as the core of the system of justifications. (shrink)

Journal of Applied Philosophy, EarlyView.

In this paper I will critically assess a very popular interpretation of Heidegger’s early thought, according to which meaning (Bedeutung) is conceived as ontologically dependent on human existence (Dasein). In order to criticize this subjectivist understanding of meaning, I will offer an interpretation of Heidegger’s analysis of signs in Being and Time (§17). This will reveal two main things: first, that the ubiquity of sign-phenomena is founded on the universality of the structure known as reference (Verweisung); second, that Heidegger’s idea (...) of reference offers a non-substantialist understanding of meaning and its relation to the world. (shrink)

Mind wandering is typically operationalized as task-unrelated thought. Some argue for the need to distinguish between unintentional and intentional mind wandering, where an agent voluntarily shifts attention from task-related to task-unrelated thoughts. We reveal an inconsistency between the standard, task-unrelated thought definition of mind wandering and the occurrence of intentional mind wandering (together with plausible assumptions about tasks and intentions). This suggests that either the standard definition of mind wandering should be rejected or that intentional mind wandering is an incoherent (...) category. Solving this puzzle is critical for advancing theoretical frameworks of mind wandering. (shrink)

The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars, have reduced its margin of application to practically zero, since in the framework of contemporary welfare states, there is almost always a “legal alternative.” The needy person who acts on their own behalf, regardless of whether they save an interest higher than the one they injure, does not show due deference to democratic legal solutions and procedural (...) channels. This article aims to contest this abrogative interpretation of the necessity defense and to outline the limits of its legitimate scope. Even in welfare states, there are actions in a necessity scenario that neither question the legal decisions of the democratically elected legislature nor make a mockery of established procedural channels. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of new essays, many of the world's (...) leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this the most accessible guide to Rawls currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Rawls. (shrink)

In this anthology, distinguished scholars--Thomas Nagel, T.M. Scanlon, John Rawls, Robert Nozick, Samuela Scheffler, Conrad D. Johnson, Bernard Williams, Peter Railton, Amartya Sen, Philippa Foot, and Derek Parfit-- debate arguments for and against the moral doctrine of consequentialism to present a complete view of this important topic in moral philosophy.

Scientifically speaking, quantum mechanics (QM) is the most successful theory ever made. Philosophically speaking, however, it is the most controversial theory. Its basic principles seem to contravene our deepest intuitions about reality, which are reflected in the metaphysical commitments of classical mechanics (CM). The aim of this paper is twofold. First, I argue that QM implies an ontological challenge, and not merely an “ontic” one, as it has been traditionally interpreted in the analytic tradition. Second, I suggest that positions known (...) as “ontological pluralism” exhibit an internal weakness due to its unwarranted compromise to a representational view of scientific theories. (shrink)

Gils-Schmidt and Salloch recognise that human and climate health are inextricably linked, and that mitigating healthcare-associated climate harms is essential for protecting human health.1 They argue that physicians have a duty to consider how their own practices contribute to climate change, including during their interactions with patients. Acknowledging the potential for conflicts between this duty and the provision of individual patient care, they propose the application of Korsgaard’s neo-Kantian account of practical identities to help navigate such scenarios. In this commentary, (...) we argue that by focusing attention on this physician–patient level, the authors overlook the complexity of climate change, both within the healthcare sector and beyond. We recognise the importance of individual agency in tackling this issue, and we also recognise that the authors do briefly acknowledge the importance of considering these broader complexities; however, we emphasise the need for climate and health discussions/action to be situated in a wider framework of systemic change. Our concern is that overemphasis on patient-level interactions risks normalising the prioritisation of individual-level approaches to addressing climate change, detracting from such a broader approach. Physician training emphasises the need for trust, confidentiality and shared decision-making in the doctor–patient relationship. …. (shrink)

Faced with the inaction of liberal democracies to effectively tackle global warming, many climate activists engage in forms of protests that involve committing minor criminal offences. They seek to shape official decisions on climate policies by resorting to civil disobedience. Some of these activists, rather than accepting punishment, have successfully claimed to be acting in a justified manner by invoking the necessity defence. The aim of this article is to show that, within the framework of representative democracies guided by the (...) rule of law, the climate necessity defence must be rejected, since such protests do not meet the ‘non-legal alternatives’ requirement. This does not mean, however, that protesters should be punished as common offenders. Their acceptance of responsibility and political motivation should be taken into account as a mitigating factor at sentencing. (shrink)

Germany is joining a long list of European democracies that have modified or expressed a willingness to modify their citizenship laws to denationalize first and then prevent the return of or expel those citizens accused of having participated in terrorist activities abroad. The formal labelling of citizenship deprivation as an administrative measure outside the scope of criminal justice has prevented scholars of criminal law from undertaking a thorough scrutiny of its legitimacy. In this paper I seek to fill this gap. (...) Specifically, after demonstrating why deprivation of citizenship is a measure of a criminal nature, I argue against its legitimacy, either as a punishment or as a risk-based measure. Instead I propose that we should understand citizenship deprivation as a paradigmatic response from an illegitimate enemy criminal law. Notwithstanding the foregoing, I claim that states that choose to denationalize terrorists should do it within the framework of a process with the highest (criminal procedural) guarantees. (shrink)

El aumento en la producción y consumo de frutas y hortalizas mínimamente procesadas de los últimos años ha con­tribuido a incrementar las toxiinfecciones alimentarias asociadas al consumo de productos vegetales frescos. Esto es debido a que los tratamientos desinfectantes llevados a cabo actualmente por industria de IV gama son insuficientes para garantizar la seguridad microbiológica de los productos finales, y además estos no reciben ningún tratamiento capaz de eliminar todos los patógenos antes de su consumo. Por lo tanto, es necesario (...) utilizar estrategias al­ternativas para reducir los microorganismos patógenos y alteran­tes en frutas y hortalizas. La bioconservación, mediante el uso de microorganismos o sus metabolitos, es una alternativa que, en combinación con las prácticas habituales, puede reducir o prevenir el crecimiento de patógenos en productos mínimamente procesa­dos, mejorando su calidad microbiológica. En este artículo se pre­sentan los resultados más relevantes sobre la bioconservación de frutas y hortalizas mínimamente procesadas. (shrink)

¿Qué es la mente humana? ¿Es un aspecto de la naturaleza? ¿O acaso la trasciende? ¿Se puede explicar enteramente al hombre en un lenguaje científico-natural? Desde que Aristóteles definió al hombre como un "animal racional", el pensamiento occidental ha erigido una distinción ontológica entre hombre y naturaleza. Sin embargo, el darwinismo nos ha legado una verdad ineludible: que somos organismos animales, cuyas capacidades conceptuales no escapan a los procesos propios de la naturaleza. ¿Se puede, entonces, pensar al hombre como un (...) ser mental, y al mismo tiempo como un organismo natural? Para ello, sin duda, será necesario reformular los conceptos tradicionales de "mente" y de "naturaleza" en busca de una reconciliación conceptual. El siguiente volumen recorre campos como la fenomenología trascendental, la lógica, la biología, la semiótica, la lingüística y la psicología con el fin de superar este dualismo tan antiguo como la filosofía. (shrink)

This dissertation is an experiment: what happens if we treat proper names as anaphoric expressions on a par with pronouns? The first thing to notice is that a name's 'antecedent' can occur in a discourse prior to the one containing the name. An individual may be introduced and tagged with a name in one context, and then retrieved using the name in a later context. To allow for discourse crossing anaphora, in addition to the usual cross-sentential anaphora, a revision of (...) discourse semantics is in order. Essentially, we must countenance discourse referents that span contexts, and think of contexts, not as islands, but as nodes connected to each other by the discourse referents they share. Discourse semantics gives rise to a new notion of content determined by discourse reference rather than pure reference. In a space of contexts structured by shared discourse referents, discourse content becomes transmissable. For a piece of content may be sent from one context to another whenever the discourse referents bundled up in the content are held in common by the two contexts. The final step is to treat the cognitive state of an agent as just another kind of context, and so a potential recipient of discourse content. Discourse content is more fine-grained than traditional 'singular' content, and so is a better fit for our pretheoretic intuitions about communication and attitude reporting. This is illustrated by applying the theory to Frege's puzzle, a puzzle of Loar's about communication, Kripke's puzzle about belief, Geach's intentional identity and new breed of 'mixed' de re-de dicto sentence. (shrink)

P. Kyle Stanford defends the problem of unconceived alternatives, which maintains that scientists are unlikely to conceive of all the scientifically plausible alternatives to the theories they accept. Stanford’s argument has been criticized on the grounds that the failure of individual scientists to conceive of relevant alternatives does not entail the failure of science as a corporate body to do so. I consider two replies to this criticism and find both lacking. In the process, I argue that Stanford does not (...) provide evidence that there are likely scientifically plausible unconceived alternatives to scientific theories accepted now and in the future. (shrink)

Among the advocates of expressive theories of punishment, there is a strong consensus that monetary fines cannot convey the message of censure that is required to punish serious crimes or crimes against the person. Money is considered an inappropriate symbol to express condemnation. In this article, I argue that this sentiment is correct, although not for the reasons suggested by advocates of expressivism. The monetary day-fine should not be understood as a simple deprivation of money, but as a punishment that (...) reduces the offender’s capacity to consume for a certain period of time. Conceived in this manner, I argue that it is perfectly suitable to convey censure. However, the practical impossibility of ensuring that the person who pays the fine is the same person who has been convicted of the offense seriously undermines the acceptability of the monetary fine as an instrument of censure. Minimizing the risk of the fine’s hard treatment being transferred to third parties is a necessary condition for the monetary fine to be considered a viable alternative to lengthy prison sentences. (shrink)

One popular theory of moral responsibility locates responsible agency in exercises of control. These control-based theories often appeal to tracing to explain responsibility in cases where some agent is intuitively responsible for bringing about some outcome despite lacking direct control over that outcome’s obtaining. Some question whether control-based theories are committed to utilizing tracing to explain responsibility in certain cases. I argue that reflecting on certain kinds of negligence shows that tracing plays an ineliminable role in any adequate control-based theory (...) of responsibility. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

Confabulation is typically understood to be dysfunctional. But this understanding neglects the phenomenon’s potential benefits. In fact, we think that the benefits of non-clinical confabulation provide a better foundation for a general account of confabulation. In this paper, we start from these benefits to develop a social teleological account of confabulation. Central to our account is the idea that confabulation manifests a kind of willful ignorance. By understanding confabulation in this way, we can provide principled explanations for the difference between (...) clinical and non-clinical cases of confabulation and the extent to which confabulation is rational. (shrink)

The controversy over the equivalence of continuous sedation until death (CSD) and physician-assisted suicide/euthanasia (PAS/E) provides an opportunity to focus on a significant extended use of CSD. This extension, suggested by the equivalence of PAS/E and CSD, is designed to promote additional patient autonomy at the end-of-life. Samuel LiPuma, in his article, “Continuous Sedation Until Death as Physician-Assisted Suicide/Euthanasia: A Conceptual Analysis” claims equivalence between CSD and death; his paper is seminal in the equivalency debate. Critics contend that sedation (...) follows proportionality protocols for which LiPuma’s thesis does not adequately account. Furthermore, sedation may not eliminate consciousness, and as such LiPuma’s contention that CSD is equivalent to neocortical death is suspect. We not only defend the equivalence thesis, but also expand it to include additional moral considerations. First, we explain the equivalence thesis. This is followed by a defense of the thesis against five criticisms. The third section critiques the current use of CSD. Finally, we offer two proposals that, if adopted, would broaden the use of PAS/E and CSD and thereby expand options at the end-of-life. (shrink)

Humans have always sought to change their environment—building houses, monuments, temples, and roads. In the process, they have remade the fabric of the world into newly functional objects that are also works of art to be admired. In this second edition of his popular Existential Pleasures of Engineering, Samuel Florman explores how engineers think and feel about their profession. A deeply insightful and refreshingly unique text, this book corrects the myth that engineering is cold and passionless. Indeed, Florman celebrates (...) engineering not only crucial and fundamental but also vital and alive he views it as a response to some of our deepest impulses, an endeavor rich in spiritual and sensual rewards. Opposing the "anti-technology" stance, Florman gives readers a practical, creative, and even amusing philosophy of engineering that boasts of pride in his craft. (shrink)

In contemporary philosophy, substantive moral theories are typically classified as either consequentialist or deontological. Standard consequentialist theories insist, roughly, that agents must always act so as to produce the best available outcomes overall. Standard deontological theories, by contrast, maintain that there are some circumstances where one is permitted but not required to produce the best overall results, and still other circumstances in which one is positively forbidden to to do. Classical utilitarianism is the most familiar consequentialist view, but it is (...) widely regarded as an inadequate account of morality. Although Professor Scheffler agrees with this assessment, he also believes that consequentialism seems initially plausible, and that there is a persistent air of paradox surrounding typical deontological views. In this book, therefore, he undertakes to reconsider the rejection of consequentialism. He argues that it is possible to provide a rationale for the view that agents need not always produce the best possible overall outcomes, and this motivates one departure from consequentialism; but he shows that it is surprisingly difficult to provide a satisfactory rationale for the view that there are times when agents must not produce the best possible overall outcomes. He goes on to argue for a hitherto neglected type of moral conception, according to which agents are always permitted, but not always required, to produce the best outcomes. (shrink)

This article is divided into three sections. In the first and second, I examine Sartorio’s account of the causal structure of the famous Thirsty Traveler thought experiment. I argue that this account does not withstand critical scrutiny. In the third, I turn to a novel kind of moral luck that Sartorio uses the Thirsty Traveler to expose. I expand the scope of my argument to look also at other recently proposed categories of moral luck. I argue that these proposals are (...) overhasty. (shrink)

According to Aristotle, the medical art aims at health, which is a virtue of the body, and does so in an unlimited way. Consequently, medicine does not determine the extent to which health should be pursued, and “mental health” falls under medicine only via pros hen predication. Because medicine is inherently oriented to its end, it produces health in accordance with its nature and disease contrary to its nature—even when disease is good for the patient. Aristotle’s politician understands that this (...) inherent orientation can be systematically distorted, and so would see the need for something like the Hippocratic Oath. (shrink)

Some people believe that the demands of morality coincide with the requirements of an enlightened self-interest. Others believe that morality is diametrically opposed to considerations of self-interest. This book argues that there is another position, intermediate between these extremes, which makes better sense of the totality of our moral thought and practice. Scheffler elaborates this position via an examination of morality's content, scope, authority, and deliberative role. Although conflicts between morality and self-interest do arise, according to this position, nevertheless morality (...) is fundamentally a reasonable and humane phenomenon. Moreover, the psychological bases of effective moral motivation have sources deep within the self, and morally motivated individuals try to shape their own interests so as to avoid conflict with morality. Since human practices and institutions help to determine the prevalence of these motives, and since in this and other ways they influence the degree to which conflicts between morality and self-interest actually occur, the extent of such conflict is not fixed or immutable, and is in part a social and political issue. (shrink)

Samuel Clarke was by far the most gifted and influential Newtonian philosopher of his generation, and A Demonstration of the Being and Attributes of God, which constituted the 1704 Boyle Lectures, was one of the most important works of the first half of the eighteenth century, generating a great deal of controversy about the relation between space and God, the nature of divine necessary existence, the adequacy of the Cosmological Argument, agent causation, and the immateriality of the soul. Together (...) with the other texts presented in this edition, it also provides the best introduction to Clarke's philosophical views, which, in addition to their intrinsic interest, are historically important for the light they shed both on the philosophical positions within the Newtonian circle and on the exchange between Clarke and Leibniz, the most famous philosophical controversy of the eighteenth century. (shrink)

Taking the title of his book from Isaiah Berlin's famous essay distinguishing a negative concept of liberty connoting lack of interference by others from a positive concept involving participation in the political realm, Samuel Fleischacker explores a third definition of liberty that lies between the first two. In Fleischacker's view, Kant and Adam Smith think of liberty as a matter of acting on our capacity for judgment, thereby differing both from those who tie it to the satisfaction of our (...) desires and those who translate it as action in accordance with reason or "will." Integrating the thought of Kant and Smith, and developing his own stand through readings of the Critique of Judgment and The Wealth of Nations, Fleischacker shows how different acting on one's best judgment is from acting on one's desires--how, in particular, good judgment, as opposed to mere desire, can flourish only in favorable social and political conditions. At the same time, exercising judgment is something every individual must do for him- or herself, hence not something that philosophers and politicians who reason better than the rest of us can do in our stead. For this reason advocates of a liberty based on judgment are likely to be more concerned than are libertarians to make sure that government provides people with conditions for the use of their liberty--for example, excellent standards of education, health care, and unemployment insurance--while at the same time promoting a less paternalistic view of government than most of the movements associated for the past thirty years with the political left. (shrink)

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, they will be (...) unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

Noël Carroll denies and Robert Stecker affirms that it is a necessary condition of aesthetic experience that it should be valued for its own sake. I make use of their controversy to argue for the psychological impossibility of discharging very common practices of art evaluation and analysis without undergoing an aesthetic experience valued for its own sake. By way of supporting my thesis and also making progress in Stecker and Carroll’s dispute about aesthetic experience, I analyse their methodological assumptions and (...) develop further our understanding of negative, indifferent and unexpected aesthetic experiences. The article provides a defence of Stecker’s position based on my contention regarding art evaluation and analysis. (shrink)

Despite claims to the contrary, the science of ecology has a long history of building theories. Many ecological theories are mathematical, computational, or statistical, though, and rarely have attempts been made to organize or extrapolate these models into broader theories. The Theory of Ecology brings together some of the most respected and creative theoretical ecologists of this era to advance a comprehensive, conceptual articulation of ecological theories. The contributors cover a wide range of topics, from ecological niche theory to population (...) dynamic theory to island biogeography theory. Collectively, the chapters ably demonstrate how theory in ecology accounts for observations about the natural world and how models provide predictive understandings. It organizes these models into constitutive domains that highlight the strengths and weaknesses of ecological understanding. This book is a milestone in ecological theory and is certain to motivate future empirical and theoretical work in one of the most exciting and active domains of the life sciences. (shrink)

This paper intends to identify the functions of the French particle “comme” (“like” in opposition to “as”) and “comme si” (“as if”) in the work of French contemporary philosopher Jean-Luc Marion, especially in L’idole et la distance (American translation: The Idol and Distance), Dieu sans l’être (American translation: God without Being), Étant donné (American translation: Being given) and De surcroît (American translation: In excess). The author of this paper focuses on the relation between phenomenology and theology in order to demonstrate (...) its complexity by an analysis of linguistic phenomenology. At the end of this analysis, the “saturated phenomenon”, as proposed by Jean-Luc Marion, becomes an important notion to understand the boundaries of both disciplines, phenomenology and theology. (shrink)