By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the authority to judge certain crimes. (...) This article examines the moral foundation for the authority of international tribunals, arguing that it can be grounded on delegation of powers from the states with primary jurisdiction. The first part of the article examines whether there is any problem, as a matter of principle, in founding the courts’ jurisdictional authority on delegation of powers. It will argue that contrary to David Luban’s view, there is no inherent problem with states delegating their power to punish to other states or to international tribunals. Nevertheless, in making such a decision the ability of the court to provide fair process—a necessary requirement for the court’s ability to issue authoritative decisions—should be taken into account. The second part of the article takes the ICC as a case study and examines whether its jurisdiction can be grounded on delegation of powers. It will be shown that the court’s jurisdiction can indeed be founded on both direct and indirect delegation of jurisdiction from states with primary jurisdiction. This conclusion suggests that other international tribunals created by either multilateral treaties or by Security Council decisions may also be founded on similar grounds. (shrink)

The aim of this paper is to argue for some useful distinctions in the theory of grounding. I do so by first introducing the notion of grounding, discussing some of its features, and arguing that grounds must play some role in bringing about what they ground (sec.1). I then argue that there are various distinct roles a fact may play in bringing about another, and more particularly that we should distinguish between three such roles; enablers, partial grounds, and facts that (...) partly ground (sec. 2). Finally, I present two theoretical advantages to incorporating these distinctions into our theory of grounding. Namely, that it reframes, and arguably dissolves, the contingentist-necessitarian debate (sec. 3), and that it helps to elegantly deal with the purported counterexamples to the transitivity of grounding and thus maintain the plausible elements of the assumption that grounding is a transitive relation (sec.4). (shrink)

Assuming the existence of God and divine commands, it makes sense to ask to what end God issues commands. This question has been raised in recent philosophical literature in the context of whether there can be a divine command to believe in, or to worship, God. In this article, I argue that the answers proposed to this question fail to appreciate the wide range of possible purposes of divine commanding. In particular, I argue that commands that cannot be conformed or (...) complied with may still have purpose. (shrink)

In this article I argue that we should distinguish two characterizations of objectivism: Mind Nongroundedness Objectivism and Mind Independence Objectivism. I focus on the debate in metaethics, although the distinction may generally apply to others. According to Mind Nongroundedness Objectivism, moral standards are not grounded in any mind, while according to Mind Independence Objectivism, moral standards hold independently of any mind. Despite its importance, this distinction has so far not been noticed in the literature. I argue that this distinction helps (...) elucidate otherwise puzzling metaethical positions. (shrink)

Since the onset of the SARS-CoV-2 pandemic, an array of off-label interventions has been used to treat patients, either provided as compassionate care or tested in clinical trials. There is a challenge in determining the justification for conducting randomised controlled trials over providing compassionate use in an emergency setting. A rapid and more accurate evaluation tool is needed to assess the effect of these treatments. Given the similarity to the Ebola Virus Disease (EVD) pandemic in Africa in 2014, we suggest (...) using a tool designed by the WHO committee in the aftermath of the EVD pandemic: Monitored Emergency Use of Unregistered and Investigational Interventions (MEURI). Considering the uncertainty around SARS-CoV-2, we propose using an improved MEURI including the Plan–Do–Study–Act tool. This combined tool may facilitate dynamic monitoring, analysing, re-evaluating and re-authorising emergency use of unproven treatments and repeat it in cycles. It will enable adjustment and application of outcomes to clinical practice according to changing circumstances and increase the production of valuable data to promote the best standard of care and high-quality research—even during a pandemic. (shrink)

ABSTRACT A new phenomenon in the philosophical discipline, philosophical practice—or counselling—is introduced to the reader through the description of three different approaches to philosophical practice. What is common to these approaches is that an academically trained philosopher philosophises together with a ‘sane’person—the visitor—on questions and problems relevant to the visitor. The essential difference between this and psychological counselling is that philosophers do not use therapeutic methods or make diagnoses. The philosophical practitioner triggers in his dialogue partner a didactic philosophical process, (...) which enables the visitor to become an authentic thinker and eventually to arrive at philosophical answers by her/himself. The effectiveness of the language used in philosophical practice is not so much in applying philosophical ideas or theories as in the philosophical knowledge, skills and attitudes attained by the visitor. (shrink)

Moral disagreements often revolve around the issue of harm to others. Identifying harms, however, is a contested enterprise. This paper provides a conceptual toolbox for identifying harms, and so possible wrongdoing, by drawing several distinctions. First, I distinguish between four modes of human vulnerability, forming four ways in which one can be in a harmed state. Second, I argue for the intrinsic disvalue of harm and so distinguish the presence of harm from the fact that it is instrumental to or (...) constitutive of a valued act, practice or way of life. Finally, I distinguish between harm and wrongdoing, arguing that while harm is a normative concept requiring justification, not all harmed states are automatically unjustified. The advantage of this view is that it refocuses the moral debate on the normative issues involved while establishing a common basis to which both sides can agree: the presence of harm to others. (shrink)

The concept of evil is one of the most powerful in our moral vocabulary, and is commonly used today in both religious and secular spheres to condemn ideas, people, their actions, and much else besides. Yet appeals to evil in public debate have often deepened existing conflicts, through corruption of rational discourse and demonization of the other. With its religious overtones and implied absolutism, the concept of evil seems ill-suited to advancing public discourse and pro-social relations in a liberal democracy, (...) as evidenced by its use in the abortion debate. International relations have also suffered from references to an ¿axis of evil.¿ Recently, however, philosophers have begun reconceptualising evil within a secular, moral framework, using the idea of evil as the worst kind of immorality to inform and shape our responses to issues like torture, genocide and rape as a weapon of war. This book continues this trend, exploring a constructive role for the concept of evil in practical ethics. Part I of the book begins with two examinations of the concept itself, one focusing primarily on its secular manifestations and the other on evil in its religious context. Individuals are perhaps the primary focus of attributions of evil, and Part II looks at two particular manifestations of evil, in bullying and in mass killing, before considering the nature of evil as an immoral character trait. Part III moves beyond the individual to issues of collective evildoing, evil environments, and political evil. The final part considers responses to evil: can some evil be unforgiveable, and to what extent should we ¿enhance¿ ourselves morally so as to prevent future evildoing? These essays, written by leading philosophers from around the world, including the late Claudia Card, will take the philosophical debate on moral evil in practical ethics to a new level. (shrink)

This essay argues that Merleau-Ponty’s concept of nature as a “privileged expression” of ontology provides the conceptual support for a more responsible attitude toward humans and nature. Furthermore, this concept of nature needs to be viewed in the light of a more profound concept that opens a new vision of the human being’s place in the world, namely Merleau-Ponty’s fields of perception. Shiva’s writings pertaining to the environment gain a more profound, yet critical, understanding when viewed in this way. Similarly, (...) Merleau-Ponty’s attempts “to reconcile the old world and the new” (MP 1964, 4) through implementation of his phenomenology to political and ethical questions is reviewed anew. (shrink)

This volume describes the main theoretical aspects of this practice based on an open-ended dialogue between a philosophical practitioner and a client or a group ...

Written for a series of case studies titled “In the Humanities Classroom,” this contribution describes an undergraduate course on ancient rhetoric at Berkeley, in which Professor Ramona Naddaff was accused by a male student of demeaning women during a lecture and of causing him trauma in the process. He threatened to bring charges against her to campus authorities, claiming the support of fellow students. In her lecture, she had discussed the classical figuration of rhetoric—persuasive speech—as violence and sometimes rape. In (...) a discussion the following week, some students requested the use of “trigger warnings” before the utterance of words like rape. The instructor and her teaching assistant Katharine Wallerstein individually give their views of this disconcerting experience and comment on the difficulties of teaching critical thinking in the current political and cultural climate. They conclude that the language of personal rights and the demand for self-protection tend to come at the expense of teaching and learning alike. (shrink)

The purpose of this paper is to show that conscientious objection to military service is essentially not a dilemma of freedom of conscience versus the duty to obey the law, but above all a dilemma between two conflicting patriotic moral obligations. Furthermore, the paper demonstrates that CO is justifiable on the basis of what is known as moderate patriotism, that is, out of a patriotism which is committed simultaneously to universal and particular values. The paper begins with a critical discussion (...) of theoretical weaknesses in liberal thought of CO. Then, the concept of moderate patriotism is presented, followed by a discussion of the notion of patriotic CO. The next stage presents a step Towards A Theory of PCO to Military Service and shows how it differs from other liberal theories of disobedience. The conclusion is that if CO on patriotic grounds is morally justifiable, it follows that this is an act committed within the framework of legitimate political discourse. Therefore, PCO is politically legitimate even if it is not always legal. In other words, the discussion of PCO offers a theoretical distinction between politicallegitimacy and legality. (shrink)

At the close of this psychotherapeutic century, an alternative to psychotherapy has begun to emerge: the use of philosophy as guidance in order to ameliorate everyday life situations. This new approach to so?called psychological problems, consisting of various forms of open?ended dialogue and reflection on life, may prevent or resolve many of the ?illnesses? for which people seek psychiatric or psychological treatment. If successful, philosophical counseling would mark not only a radical shift in the direction of psychological care, but a (...) radical return to the original, practical purposes of philosophy. (shrink)

A succinct introduction to the history of capitalism by the renowned political theorist.

Examines philosophical autobiography as a literary genre and an alternative to Freudian psychoanalysis.

In this analysis of Yalom’s account of philosophical counseling I show that his perception of it is largely informed by his own ideas about existential psychotherapy and group therapy. Additionally I find that When Nietzsche Wept, and The Schopenhauer Cure comply with Yalom’s personal development and struggles in psychotherapy with philosophy, religion, and boundary violations. Conflicting ideas and attitudes concerning the formerly mentioned are traced also in other works by Yalom.

In this paper I describe and analyze the need for an alternative, non-clinical approach to counseling, i.e., philosophical counseling. Throughout the first part of this paper. I aim to prove pragmatically the truth or validity of this new non-clinical approach to counseling by describing its effectiveness in a case-study. In the second part, I suggest that many philosophers have made use of philosophical self-diagnosis and self-help to improve their own well-being, although for their private practice of philosophy they did not (...) use the words I have chosen here. I exemplify this by analyzing the representative life narrative of Jean-Jacques Rousseau as a case study. (shrink)

In this paper I describe and analyze the need for an alternative, non-clinical approach to counseling, i.e., philosophical counseling. Throughout the first part of this paper. I aim to prove pragmatically the truth or validity of this new non-clinical approach to counseling by describing its effectiveness in a case-study. In the second part, I suggest that many philosophers have made use of philosophical self-diagnosis and self-help to improve their own well-being, although for their private practice of philosophy they did not (...) use the words I have chosen here. I exemplify this by analyzing the representative life narrative of Jean-Jacques Rousseau as a case study. (shrink)

This essence is the philosophy of knowledge for personal and social well-being aspects of the contribution. In the Introduction to "What is philosophical counseling practice or philosophy?", I described the ancient philosophy has been caring for the soul and tradition of self, in the last twenty-five years has been the revitalization of philosophers and others up. "Philosophy of psychological analysis," "philosophical counseling hotline", and "personal well-being and Philosophy Cafe" is a contemporary German philosopher Gerd B. Achenbach, British theologian Chad Varah, (...) and the French philosopher Marc Sautet these ideas for specific application situation. In the "philosophy of charity", I argue, the possibility for all practical philosophy, the charity as a necessary test of suspicion. (shrink)

Outlined are several ways in which philosophical knowledge can contribute to personal and social well-being. In the introduction, "What is Philosophical Practice, Counseling, and Psychoanalysis" I describe how the ancient philosophical tradition of care for the soul or self has been revived among philosophers and others in the last twenty-five years. The sections "The Philosophical Counseling Hotline" and "Personal Well-being and the Philosophical Café '" are accounts of specific applications of ideas of the contemporary German philosopher Gerd B. Achenbach, the (...) founder of the international philosophical practice movement. In the conclusion "Philosophical Benevolence" I argue for benevolence as a skeptical touchstone for philosophy in practice. (shrink)

The Crises of the Economy-World and the Overcoming of Capitalism : From the 1970s to the New Century. The current crisis of neoliberalism can only be understood if we resituate it within the context of the historical dynamic of the capitalist mode of production. The precedent most often cited is that of the 1929 crash. There is however another comparison which is equally apposite, the comparison with the structural crisis of the 1970s. How are we to compare the economic factors (...) which are involved here, the conditions which led to the crisis and their political consequences ? Can we argue that the current crisis is ushering in a new phase of capitalism, or that it is opening up a number of alternative paths ? These are some of the crucial issues addressed here by Gérard Duménil in the questions put to Immanuel Wallerstein. (shrink)

One of the intriguing issues connected to power relations in the world of cinema that has yet to be adequately explored is what has happened over the years concerning the dominance and privilege of masculinity as signifying preferred social status. This qualitative study explores this subject based on transcribed semi-structured interviews with 13 award-winning Israeli directors over the age of 55. The research examines two questions: How has the film industry changed its relation to leading, award-winning film directors as they (...) grow older? And, what challenges confront the directors, in terms of their own self-perceptions? These questions capture the collisional intersection between hegemonic masculinity and ageism, because they examine the loss of power attributed to men in the film industry as they reach the second half of their lives. The findings led to the formation of a theoretical model of ageism within the cinematic industry, allowing for the dismantling of the different factors that create obstacles for directors as they get older. The four layers of the model are: arbitrary ageism, manifested in the demands of a rapidly changing industry in a changing world; passive ageism, expressed through encounters with negative attitudes; active ageism, reflected in preventing older directors from receiving funding and from screening their films; and self-ageism, manifested in the directors’ attitudes toward themselves. (shrink)

Research suggests that reducing rates of drug addiction requires a range of physical spaces where drug users and counselors can meet, build community, and work together. The efficacy of this ‘social infrastructure,’ however, depends not just on how its shared spaces facilitate access to social networks, but on how institutional rules and norms govern the social interaction that takes place in those spaces. I suggest that institutional norms nurture sobriety to the extent that the social arrangements they foster are (i) (...) discretionary, since individuals trying to re-establish sobriety have heterogeneous social preferences; (ii) unconditional, since individuals’ efforts to re-achieve sobriety frequently involve setbacks; and (iii) low-pressure, since individuals may find extraneous turmoil damaging to their renascent sobriety. To the extent that institutional norms facilitate contrary social arrangements, shared settings are liable to backfire—to undermine or at least fail to nurture sobriety—which I illustrate using the case of sobriety-oriented organizations in the Boston area. Critically, while the first two aspects are governed largely by intra-organizational norms, the third is governed by norms between multiple sobriety-oriented organizations. Upholding healthful local norms, then, demands commitment at both the organization and system levels. (shrink)

One reason for the problematic status of the social sciences is that their claim to legitimacy has been undermined by two opposite models of inquiry: the nomothetic idea of science, with its emphasis on universal laws, and the idiographic conception of history as a record of particular events. It can be argued that both of them excluded the temporal dimension of socio-historical reality; more precisely, they were ill-equipped to analyze the unstable structures which emerge and undergo transformations over varying periods (...) of time. This previously excluded middle has been rediscovered by pioneering scientists on both sides of the divide; the paper compares Prigogine's critique of Newtonian natural science with Braudel's reorientation of history. The former line of argument privileges time, the latter duration, but they lead to similar conclusions. (shrink)