This collection of original articles draws from a cross section of distinguished scholars of ancient Greek philosophy. It is focussed primarily on the philosophy of Aristotle but comprises as well studies of the philosophy of Socrates, Plato, and Epicurus. Its authors explore a range of complementary topics in value theory, moral psychology, metaphysics, natural philosophy, political theory, and methodology, highlighting the rich and lasting philosophical contributions of the thinkers investigated. Opening with an engaging intellectual autobiography of its honoree, Fred D. (...) Miller, Jr., the volume offers treatments of Socrates as a citizen; Plato’s attitude towards poetry; Socratic self-knowledge; Plato’s conception of law in his Republic; explorations of reason, goodness, and moral conduct in Plato; Platonic metaphysics; Aristotelian causation; Aristotelian metaphysics and normativity; natural philosophy in Aristotle; Aristotelian logic; political theory and approaches to justice in Aristotle’s Politics; methodological reflections on how best to approach Aristotle’s indefensible ideas; and closes with a reconsideration of Epicurus on death and the art of dying. Altogether, the volume reflects the richness of the ongoing community of philosophical scholars dedicated to reconstructing, assessing, and criticizing the principal philosophers of the ancient world, whose epoch-forming explorations of the key elements of human life—considered socially, politically, psychologically, and metaphysically—remain topics of lively investigation today. It will be of interest to philosophers of many stripes, including those with a primary interest in ancient philosophy but extending as well to those with systematic interests in the themes it explores. This volume will be a valuable addition to all libraries serving communities dedicated to researching and studying the origins of Western philosophy. (shrink)

Aristotle’s Metaphysics Λ.7 features an argumentative progression from the unwavering actuality of the unmoved mover through its necessity to its goodness, which goodness in turn grounds the manner in which it serves as the ultimate principle of motion, namely, by being an object of love and desire (1072b4-12). One link in this progression is especially brief and startling, namely the second of two inferences in this short sentence: “It is a being of necessity, therefore, and in so far as [it (...) exists] necessarily, [it exists] finely, and it is in this way a principle” (1072b10-11). Aristotle slides smoothly from: x exists necessarily (ex anagkēs) to x exists finely (kalōs), without any intervening step. The seamless speed of this step is bound to give us pause—we naturally read it as enthymematic and start casting about for an intervening premise set. Still more arresting is its apparent move from a descriptive to a normative proposition. From our post-Humean vantage point we may be likely to presume that whatever the missing premise set of this inference turns out to be, somewhere buried in that set will need to be something of the form: if descriptive proposition (DP), then normative proposition (NP). Otherwise, Aristotle’s conclusion will have illicitly inferred a normative proposition from a descriptive premise set, in violation of the Humean edict that one cannot infer an ought from an is. Yet, if we smuggle the norm into our premise set along the way, we have merely relocated our problem. For then we will have asserted, or assumed, that the truth of some descriptive proposition is sufficient for the truth of some normative proposition, namely the consequent of the conditional: if DP, then NP. At any rate, this obtains unless necessity itself is already a normative notion, a questionable assumption, but one we will consider in due course. In either case, though, we need some explication of the route Aristotle follows when he moves, without comment, from necessity to goodness. (shrink)

The unificationist theory of causal explanation offers a theory of causation and explanation with no causal primitives. Kitcher proposed that it offered an account of explanatory asymmetry, but his proposal has been criticized for being too dependent on contingent facts and surreptitiously supposing causal realism. In addition, critics have argued that unificationism cannot account for asymmetry in a world with symmetric laws of physics and is lead to accept backwards explanation in certain epistemic situations. Unificationism has been defended from (...) some of these objections. We critique those defenses, rejecting some and developing others, as well as adding new ones. In doing so, we argue that objectors are wrong to treat explanatory asymmetry as an a priori matter and that unificationism is appropriately sensitive to the right sort of empirical facts. (shrink)

In an example of Enlightenment ‘engaged research' and public intellectual practice, Euler established the basis of topology and graph theory through his solution to the puzzle of whether a stroll around the seven bridges of 18th-century Königsberg was possible without having to cross any given bridge twice. This ‘Manifesto' argues that, born in a form of cultural studies, topology offers 21st-century researchers a model for mapping the dynamics of time as well as space, allowing the rigorous description of events, situations, (...) changing cultural formations and social spatializations. Law and Mol's network spaces, Serre's folded time, Massey’s ‘power geometries’, Lefebvre's ‘production of space’ and ‘rhythmanalysis’ can be developed through a cultural topological sensitivity that allows time to be understood as not only progressive but cyclical, relationships and the ‘reach’ of power can be understood through ‘knots', and a topology of experience to model the ‘plushness of the Real' via extra- and over-dimensioned time-spaces that capture nuance while drawing on systematic conceptual resources. (shrink)

Aquinas' first proof for God's existence is usually interpreted as a metaphysical argument immune to any objections coming from empirical science. Connections to Aquinas' own historical understanding of physics and cosmology are ignored or downplayed. Nature and Nature's God proposes a natural philosophical interpretation of Aquinas' argument more sensitive to the broader context of Aquinas' work and yielding a more historically accurate account of the argument. Paradoxically, the book also shows that, on such an interpretation, Aquinas' argument is not only (...) consistent with modern science, but actually confirmed by the history of science, from classical mechanics through 19th century thermodynamics to contemporary cosmology. The first part of the book considers Aquinas' argument in its historical context, exploring the key principles that everything in motion is moved by something else and that an infinite regress of causes is impossible. The structure of the First Way is analyzed and the argument is connected both with Aquinas' Third Way-a new interpretation of which is also proposed-and Aquinas' second proof from motion in the Summa contra Gentiles. To complete the account of what natural philosophy-prior to metaphysics-can demonstrate about God, a chapter on Aquinas' teleological argument (the Fifth Way) is also included. The second part of the book tracks the history of modern science from Copernicus to today, showing how Aquinas' argument fared at each major turn. The first chapter shows how Newton's understanding of inertia and conservation of momentum supports the idea that motion cannot continue forever without God's causality, and integrates a modern understanding of inertia and gravity with the principles of Thomistic natural philosophy. The second chapter considers the first and second laws of thermodynamics, showing how they too support Aquinas' contention that motion cannot continue forever without God's causality. This chapter also discusses statistical mechanics and contemporary cosmology, demonstrating that science continues to support Aquinas' unmoved mover argument. The final chapter turns to modern biology as well as cosmological fine-tuning to show that modern science also continues to support Aquinas' teleological argument. The result is not only a satisfying defense of Aquinas' natural philosophical proofs for God's existence, but a primer on the broader project of integrating Thomistic natural philosophy with modern science. (shrink)

This paper is a brief reply to Henry Simoni's ‘Divine passibility and the problem of radical particularity: does God feel your pain?’ in Religious Studies, 33 (1997). I treat his discussion of my paper entitled ‘Hartshorne and Creel on impassibility’, Process Studies, 21 (1992). I argue that Simoni's examples used to illustrate the purportedly contradictory nature of the experiences of a God who universally feels creaturely states fail. For Simoni tacitly employs an inadequate notion of the law of non-contradiction, and (...) thereby misses the relevant phenomenological fact that it is possible for human beings to have integrated mental states that contain spatially distinctive but conflicting hedonic properties. Thus, it is possible for God (at least under Hartshornean descriptions) to have such experiences. I also argue that I have not ‘exploited an isolated passage’ in Hartshorne to make his views seem more palatable. The point of the passage in question is in fact repeated by Hartshorne and is systematically connected with his doctrine of the ‘objective and subjective form of feeling’. (shrink)

In anticipation of extraterritorial application of antiabortion laws, many states have enacted laws that attempt to shield abortion providers, helpers, and patients from civil, professional, or criminal liability associated with legal abortion care. This essay analyzes and compares the statutory schemes of the seven early adopting shield states: California, Connecticut, Delaware, Illinois, Massachusetts, New Jersey, and New York. After describing what the laws do and how they operate, we offer reflections on coming disputes, areas of (...) legal uncertainty, and ways to improve future shield laws. (shrink)

In recent decades, we have witnessed the emergence of new forms of warfare, which are characterized by asymmetry, irregularity and the cybernetization of weaponry. Waged from a distance, these wars have created the impression of decorporealization and low risk, at least for one of the contending parties. In contrast, the same asymmetric conflicts have been sites in which the human body has been utilized as a novel and lethal weapon. Although much scholarly attention has been paid to suicide attackers who (...) have become symbolic figures of this new warfare, this article draws attention to their inverse figure: human shields. The human shield risks life not to destroy and terrorize others but to resist organized violence and protect others. This article explores the figure of the human shield, situating it within the context of global moral spectatorship, international humanitarian law and biopolitical warfare. Arguing that the human shield is both a symptom and the immanent critique of the present, one that exposes its multiple contradictions, this article makes a case for the importance of the figure of the human shield for contemporary politics. (shrink)

An assumption underpinning the literature on human shields is that it is possible to distinguish between a voluntary shield and an involuntary shield. This is a claim I challenge with the purpose of demonstrating that the conventional basis on which we currently determine which human shields are liable to targeting is morally unjustifiable. Given the difficulty in tracking intentions, any presumption on the part of the targeting agent to know ex ante whether a civilian is volunteering to be (...) a shield cannot be adequately substantiated. I argue that, in lieu of categorising human shields as ‘voluntary’ and ‘involuntary’, we accept our epistemic limitations and recognise that we cannot know whether a shield has volunteered in the relevant sense of the word. This leads me to the conclusion that shields ought not be considered direct participants in hostilities, but rather be presumed to be non-combatants. (shrink)

The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to (...) avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does 'collateral damage' to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. (shrink)

A grabs B and uses him as a body shield. That is, A hides behind B , and from that vantage point, shoots at C. According to libertarian theory, may B shoot at C, or, is it proper that C pull the trigger at B? In the view of Rothbard , the former is correct: B is entitled to gun down C. In my view, this is incorrect. Rather, it would be lawful to C to properly kill B. . (...) Jakobsson supports the Rothbardian position. The present paper is at an attempt of mine to refute Jakobsson, and, thus, also, Rothbard , once again. (shrink)

Aristotle attaches particular significance to the homonymy of many central concepts in philosophy and science: that is, to the diversity of ways of being common to a single general concept. His preoccupation with homonymy influences his approach to almost every subject that he considers, and it clearly structures the philosophical methodology that he employs both when criticizing others and when advancing his own positive theories. Where there is homonymy there is multiplicity: Aristotle aims to find the order within this multiplicity, (...) and believes that doing so is crucial to scientific inquiry and philosophical progress.Christopher Shields investigates and evaluates Aristotle's approach to questions about homonymy, characterizing the metaphysical and semantic commitments necessary to establish the homonymy of a given concept. Then, in a series of case-studies, Shields examines in detail some of Aristotle's principal applications of homonymy--to the body, sameness and oneness, life, goodness, and being. Shields's aim is not only to give a fuller understanding of Aristotle's methodology and to illuminate his specific doctrines in a variety of areas, but to show that this methodology remains fruitful today. (shrink)

Some progress has been made in recent decades to articulate corporate social responsibility (CSR) and, more recently, to associate CSR with international enforcement of human rights. This progress continues to be hampered, however, by the ability of a multinational corporation (MNC) that violates human rights not only to shift liability from itself to a nation-state but even to win compensation from that nation-state for loss of profits due to restrictions on its business activities. In the process, the nation-state’s sovereignty is (...) diminishing; and, in effect, though still attributed to nation-states, it is being transferred to the MNC. The main aim of this article is (1) to draw on normative considerations to claim that this MNC proto-sovereignty should be modified and (2) to contend that this can eventually be accomplished by adding to corporate adoption of CSR guidelines a regimen of global human rights enforcement. I base this contention on expectations about the internationalization of corporate criminal law and the globalization of civil society in general and of NGOs in particular. I consider various jurisdictions but I focus on US jurisprudence. (shrink)

Aristotle attaches particular significance to the homomyny of many of the central concepts in philosophy and science: that is, to the diversity of ways of being that are denoted by a single concept. Shields here investigates and evaluates Aristotle's approach to questions about homonymy, characterizing the metaphysical and semantic commitments necessary to establish the homonymy of a given concept. Then, in a series of case studies, he examines in detail some of Aristotle's principal applications of homonymy--to the body, sameness and (...) and oneness, life, goodness, and being. This first full-length study of a central aspect of Aristotle's thought will interest philosophers working in a number of areas. (shrink)

One way to determine whether a mental condition should be considered a disorder is to first give necessary and sufficient conditions for something to be a disorder and then see if it meets these conditions. But this approach has been criticized for begging normative questions. Concerning autism (and other conditions), a neurodiversity movement has arisen with essentially two aims: (1) advocate for the rights and interests of individuals with autism, and (2) de-pathologize autism. We argue that denying autism’s disorder status (...) could undermine autism’s exculpatory role in cases where individuals with autism are charged with a crime. Our argument raises a dilemma for the neurodiversity movement: advocating for the rights and interests of individuals with autism may require viewing autism as a condition that can be inherently disabling (at least for some individuals). If this is right, autism’s disorder status might be maintained (again, at least for some individuals) without deriving this result from any general account of disorder. (shrink)

The Indiana Court of Appeals, in JKB, Sr. v. Armour Pharmaceutical Co. ), held that the state's Blood Shield Act does not protect pharmaceutical companies that produce blood-derived products from product liability suits based on injuries attributable to tainted blood supplies. Blood shield statutes help to guarantee adequate blood supplies by limiting the liability of blood banks. This holding limits the defenses available to pharmaceutical companies sued under product liability theory.The defendant, Armour Pharmaceutical, produces and sells clotting factor (...) agents, which are derived through plasmapheresis. Plasmapheresis is a costly and complex donation process through which the plasma and red blood cells of a donor's blood are separated. After separation, the process returns the red blood cells to the donor but retains the plasma. (shrink)

In this paper, I present two tools that help shed light on deep disagreements and their epistemological consequences. First, I argue that we are best off construing deep disagreements as disagreements over conflicting understandings of certain concepts. More specifically, I suggest that deep disagreements are disagreements over how to understand concepts that play what Michael Friedman calls a “constitutive” role for speakers. Second, I argue that we need a better understanding of what speakers are doing when they engage in deep (...) disagreements—what speech acts they are carrying out. I show that we are best off not reducing the relevant speech acts to more familiar speech act kinds, such as assertions or imperatives. I argue that when a speaker articulates an understanding of a concept, they are in part carrying out an act of stipulation. I provide an account of the pragmatics of stipulation and apply the account to examples of deep disagreement. Focusing on the stipulative dimension of deep disagreement opens up, in turn, a novel approach to defusing the epistemological challenges such disagreement seems to pose. (shrink)

We understand Aristotle’s soul–body hylomorphism better if we first understand the critical discussions of his predecessors which occupy most of the first book of his De Anima. Given that he regards his view as preferable to all earlier approaches, he must also think that his alternative, hylomorphism, avoids the pitfalls he identifies in those positions. In some cases, it is easy to see why he might think hylomorphism is defensible where they are not: for instance, he regards the reductively materialistic (...) views of the earliest natural philosophers as explanatorily impoverished. In other cases, however, this is far from clear. Aristotle highlights for special consideration the view that the soul is a harmonia (attunement) of the body, a view which, as was noted in antiquity, bears more than a passing resemblance to his own hylomorphism. It proves both difficult and instructive to determine, then, how he supposes hylomorphism avoids the problems he identifies in the doctrine of the soul as a harmonia. The core difference, it emerges, turns on Aristotle’s thoroughgoing teleology: the soul, he thinks, unlike a harmonia, has an intrinsic good toward which the body is orchestrated. (shrink)

The new computer technology that dramatically improves color reproduction in newspapers also allows digital retouching of photographs. Digital retouching can alter and synthesize photos to the point that the alteration is undetectable. This technology gives publications the ability to create eye?catching illustrations, but does it have a place in photojournalism? This paper attempts to raise some initial ethical questions. Although manipulation of photographs is not new, digital retouching allows for imperceptible alterations of photographs to be made with speed, ease, and (...) precision. All the editors agreed that news photographs should not be altered. However, there was disagreement about photographs that appeared in the feature sections, in particular photo illustrations. (shrink)

The risk of tort liability for health maintenance organizations and other managed care plans has dramatically increased in recent years. This is due in part to the growing percentage of health care rendered through managed care plans. The cost-containment mechanisms commonly used by managed care plans, such as limiting access to services and/or choice of providers, creates a climate ripe for disputes that may end up in court. As dissatisfied patients and providers seek recourse in the courts, tort doctrines are (...) extended and new legal theories emerge as needed. For example, the concepts of direct and vicarious tort liability developed in the hospital context have been extended by courts to encompass HMOs. vicarious liability claims, based on ostensible agency or respondeat superior doctrines, have been brought against HMOs and managed care plans for negligent treatment by physicians selected to provide care to members. (shrink)

The risk of tort liability for health maintenance organizations and other managed care plans has dramatically increased in recent years. This is due in part to the growing percentage of health care rendered through managed care plans. The cost-containment mechanisms commonly used by managed care plans, such as limiting access to services and/or choice of providers, creates a climate ripe for disputes that may end up in court. As dissatisfied patients and providers seek recourse in the courts, tort doctrines are (...) extended and new legal theories emerge as needed. For example, the concepts of direct and vicarious tort liability developed in the hospital context have been extended by courts to encompass HMOs. vicarious liability claims, based on ostensible agency or respondeat superior doctrines, have been brought against HMOs and managed care plans for negligent treatment by physicians selected to provide care to members. (shrink)

Philosophers are divided over moral internalism, the claim that moral judgement entails some motivation to comply with that judgement. Against moral internalism, externalists defend the conceptual coherence of scenarios in which an individual makes genuine moral judgements but is entirely unmoved by them. This is amoralist skepticism and these scenarios can be called amoralist scenarios. While the coherence of amoralist scenarios is disputed, philosophers seem to agree that the coherence of amoralist scenarios is not affected by whether the amoralist is (...) described as having moral knowledge or mere belief. But recent experimental research challenges this assumption. When evaluating amoralist scenarios, people’s intuitions lean towards externalism when the amoralist is described as knowing that X is morally wrong, whereas people’s intuitions lean towards internalism when the amoralist is described as believing that X is morally wrong. Call this the factivity effect. In this paper, I argue that the factivity effect is unlikely to be explained as an experimental artifact and that as a consequence, the traditional dispute over moral internalism and amoralist skepticism may need a major overhaul. The results of three studies testing the factivity effect provide support for this thesis. Implications of these results for the traditional debate over moral internalism are discussed. (shrink)

Introduction -- What is proportionality? -- Proportionality : a multiplicity of meanings -- Proportionality in the just war tradition -- Proportionality in international humanitarian law -- Proportionality in human rights law and morality -- The uniqueness of jus in bello proportionality -- Countermeasures and counterinsurgency -- Human shields and risk -- Targeted killings and proportionality in law : two models -- The nature of war and the idea of "cyberwar" -- Thresholds of jus in bello proportionality.

Life Is Short--Art Is Shorter is not just the first anthology to gather both mini-essays and short-short stories; readers, writers, and teachers will get will get an anthology; a course's worth of writing exercises; a rally for compression, concision, and velocity in an increasingly digital, post-religious age; and a meditation on the brevity of human existence. 1. We are mortal beings. 2. There is no god. 3. We live in a digital culture. 4. Art is related to the body and (...) to the culture. 5. Art should reflect these things. 6. Brevity rules. The book's 40 contributors include Donald Barthelme, Kate Chopin, Lydia Davis, Annie Dillard, Jonathan Safran Foer, Barry Hannah, Amy Hempel, Jamaica Kincaid, Wayne Koestenbaum, Anne Lamott, Daphne Merkin, Rick Moody, Dinty W. Moore, George Orwell, Jayne Anne Phillips, George Saunders, Lauren Slater, James Tate, and Paul Theroux. (shrink)

Without question, Process Philosophy and Political Liberalism: Rawls, Whitehead, Hartshorne, is Daniel Dombrowski's most important and well-argued treatise to date within his growing, prolific literary corpus. Bringing his expertise on John Rawls's political thought to bear on the process thinking of A. N. Whitehead and Charles Hartshorne, he explores commonalities of approach and ventures the interpretive hypothesis that Rawls is, at least broadly speaking, a process philosopher. He also argues that each of these philosophers appropriately shares the appellation “political liberal” (...) when that term is carefully defined. I find this strongly plausible. (shrink)

The tobacco industry has used corporate social responsibility tactics to improve its corporate image with the public, press, and regulators who increasingly have grown to view it as a merchant of death. There is, however, an intractable problem that corporate social responsibility efforts can mask but not resolve: the tobacco industry's products are lethal when used as directed, and no amount of corporate social responsibility activity can reconcile that fundamental contradiction with ethical corporate citizenship. This study's focus is to better (...) understand the tobacco industry's corporate social responsibility efforts and to assess whether there has been any substantive change in the way it does business with regard to the issue of exposure to secondhand smoke. The results show that the industry has made no substantial changes and in fact has continued with business as usual. Although many of the tobacco companies' tactics traditionally had been defensive, they strove for a way to change to a more offensive strategy. Almost without exception, however, their desire to appear to be good corporate citizens clashed with their aversion to further regulation and jeopardizing their legal position, perhaps an irreconcilable conflict. Despite the switch to offense, in 2006 a federal judge found the companies guilty of racketeering. (shrink)

Corporate social responsibility has become a potential path to legitimacy and improved public relations for both companies that produce mainstream products and those that sell vice, such as the tobacco industry. Since the early 1990s, the tobacco industry has sought to bridge the gap between the public perception it has earned as a merchant of death and its goal of gaining corporate legitimacy and normality by promoting programs, positions, and policies it hopes the general public will believe are aimed at (...) preventing or mitigating some of the societal ills that smoking causes, such as youth smoking. There is, however, an intractable problem that corporate social responsibility efforts can mask but not resolve: the tobacco industry’s products are lethal when used as directed, and no amount of public relations or funding of ineffective youth smoking prevention programs can reconcile that fundamental contradiction with ethical corporate citizenship. The focus of this study is to better understand the tobacco industry’s corporate social responsibility efforts and to assess whether there has been any substantive change in the way it does business with regard to the issue of exposure to secondhand smoke. (shrink)

Researchers have begun to explore animals' capacities for uncertainty monitoring and metacognition. This exploration could extend the study of animal self-awareness and establish the relationship of self-awareness to other-awareness. It could sharpen descriptions of metacognition in the human literature and suggest the earliest roots of metacognition in human development. We summarize research on uncertainty monitoring by humans, monkeys, and a dolphin within perceptual and metamemory tasks. We extend phylogenetically the search for metacognitive capacities by considering studies that have tested less (...) cognitively sophisticated species. By using the same uncertainty-monitoring paradigms across species, it should be possible to map the phylogenetic distribution of metacognition and illuminate the emergence of mind. We provide a unifying formal description of animals' performances and examine the optimality of their decisional strategies. Finally, we interpret animals' and humans' nearly identical performances psychologically. Low-level, stimulus-based accounts cannot explain the phenomena. The results suggest granting animals a higher-level decision-making process that involves criterion setting using controlled cognitive processes. This conclusion raises the difficult question of animal consciousness. The results show that animals have functional features of or parallels to human conscious cognition. Remaining questions are whether animals also have the phenomenal features that are the feeling/knowing states of human conscious cognition, and whether the present paradigms can be extended to demonstrate that they do. Thus, the comparative study of metacognition potentially grounds the systematic study of animal consciousness. Key Words: cognition; comparative cognition; consciousness; memory monitoring; metacognition; metamemory; self-awareness; uncertainty; uncertainty monitoring. (shrink)

"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.