In 2016, the United Nation’s General Assembly adopted a non-binding resolution regarding ‘The Promotion, Protection and Enjoyment of Human Rights on the Internet’. At the heart of this resolution is the UN’s concern that ‘rights that people have offline must also be protected online.’ While the UN thus recognises the importance of the Internet, it does so problematically selectively by focusing on protecting existing offline rights online. I argue instead that Internet access is itself a moral human right that requires (...) that everyone has unmonitored and uncensored access to this global medium, which should be publicly provided free of charge for those unable to afford it. Rather than being a mere luxury, Internet access should be considered a universal entitlement because it is necessary for people to be able to lead minimally decent lives. Accepting this claim transforms our conception of the Internet from a technology to that of a basic right. (shrink)

Previous research showed that the repeated approaching of one stimulus and avoiding of another stimulus typically leads to more positive evaluations of the former stimuli. In the current study, we examined whether approach and avoidance training effects on evaluations of neutral stimuli can be modulated by introducing a regularity between the approach-avoidance actions and a positive or negative stimulus. In an AAT task, participants repeatedly approached one neutral non-word and avoided another neutral non-word. Half of the participants also approached a (...) negative fear-conditioned stimulus and avoided a conditioned safe stimulus. The other half of the participants avoided the CS+ and approached the CS−. Whereas participants in the avoid CS+ condition exhibited a typical AAT effect, participants in the approach CS+ condition exhibited a reversed AAT effect. These findings provide evidence for the malleability of the AAT effect when strongly valenced stimuli are approached or avoided. We discuss the practical and theoretical implications of our findings. (shrink)

Several stages can be identified in Darwin's effort to formulate natural selection. The first stage corresponded, roughly speaking, to the period up to 1844. It was characterized by Darwin's attempt to base his model of geographic speciation on an individualistic dynamics, with species understood as reproductively isolated populations. Toward the end of this period, Darwin's ignorance of the laws of variations and heredity led him to adopt varieties and species as the units of variations. This had the extremely important effect (...) of stimulating him to consider the process of speciation as involving populations. At the end of this period, Darwin also began to regard adaptation as being exclusively toward places in the economy of nature. Thus he faced the problem of integrating the process of natural selection with the process of speciation. Individual variants were the units that fueled the first process, whereas varieties produced new speices. There was no link between adaptation and speciation, except whatever could be supplied by a quasi-historical, developmental idea of optimizing the amount of life.In the second stage, I contend, Darwin's reading of Milne-Edwards crystallized his previous insights into a coherent whole. Milne-Edwards' comments on the advantage of functional specialization could readily be understood in terms of the advantage accruing to the individual, relative to other members of its species, from occupying a different niche. Milne-Edwards' discussion of the division of labor suggested that organisms which moved into unoccupied niches would enjoy reduced competition, and hence a differential advantage in survival and reproduction; thus they would induce the species to do likewise. Rather than base his explanation on an analogy with the artificial economy, Darwin chose the principle of the optimalization of the amount of life per unit area as the overall explanatory principle. The difficulties connected with integrating different levels of description were therefore circumvented, insofar as the problem of diversity and speciation was concerned. Although natural selection considered individuals as the units of selection, and the units of variations were varieties and species, the dynamics of the process understood in terms of natural selection, competition, division of labor and niches could give a plausible account of how individual advantage could be transferred to the species, and how diversity resulted from this mechanism. The problem of the different levels of descriptions was confined to how the properties of variations in individuals (in particular, the frequency of variations and their transmission) were responsible for the assumed variability characteristic of varieties and species. This problem Darwin never solved.A third stage occurred in 1858 with the amalgamation of the tree-of-life vizualization of the process of speciation. Speciation, geographic distribution, and systematics were all then embedded in a conceptual matrix with vast explanatory powers. (shrink)

In my essay, I will argue that evolution does not undermine naturalism. This is because Alvin Plantinga’s evolutionary argument against naturalism rests on a false and unmotivated premise and is thus invalid. My argument consists of two parts: In the expository part, I outline Plantinga’s evolutionary argument against naturalism in considerable detail (section 2). In the argumentative part, I firstly pose William Ramsey’s challenge to Plantinga’s probabilistic claim that the reliability of human cognitive faculties is low and critically examine Plantinga’s (...) response in order to reinforce it (section 3). Secondly, I attack Plantinga’s understanding of human evolution, which motivates his cognitive skepticism, as being unduly narrow (section 4). (shrink)

Since the Brexit Referendum in the United Kingdom and the election of Donald Trump as US President in 2016, the term ‘fake news’ has become a significant source of concern. Recently, the European Commission and the British House of Commons have condemned the phenomenon as a threat to their institutions’ democratic processes and values. However, political disinformation is nothing new, and empirical studies suggest that fake news has not decided crucial elections, that most readers do not believe the online fake (...) news stories they read, and that political polarization in Western democracies like the US began to increase long before online fake news existed. The question then is: how exactly does fake news threaten democracies? This paper argues that online fake news threatens democratic processes because it undermines citizens’ epistemic trust in each other. This in turn threatens to undermine the perceived legitimacy and the moral justification of democratic institutions as a whole. While online fake news is a symptom of a much larger issue (how has the Internet affected democracies, and how can we use its positive power while checking its negative effects?), it deserves particular attention given the potential danger it presents for the viability and the legitimacy of the democratic process. (shrink)

The typical outcome measure in infertility treatment is the (cumulative) healthy live birth rate per patient or per cycle. This means that those who end the treatment trajectory with a healthy baby in their arms are considered to be successful and those who do not are considered to have failed. In this article, we argue that by adopting the healthy live birth standard as the outcome measure that defines a successful fertility treatment, it becomes an interpretative self-fulfilling prophecy: those who (...) achieve the goal consider themselves successful and those who do not consider themselves failures. This is regardless of the fact that having children is only one out of many ways to alleviate the suffering related to infertility and that stopping fertility treatment can also be a positive decision to move on to other goals, rather than a form of “giving up,” “dropping out,” “nonadherence,” or failure. We suggest that those seeking fertility treatment would be served better by an alternative outcome measure, which can be equally self-fulfilling, according to which a successful treatment is one in which people leave the clinic released from the suffering that accompanied their status as infertile when they first entered the clinic. This new outcome measure still implies that walking out with a healthy baby is a positive outcome. What changes is that walking out without a baby can also be a positive outcome, rather than being marked exclusively as a failure. (shrink)

This PhD thesis provides an extended evaluation of evolutionary debunking arguments in meta-ethics. Such arguments attempt to show that evolutionary theory, together with a commitment to robust moral objectivity, lead to moral scepticism: the implausible view that we lack moral knowledge or that our moral beliefs are never justified (e.g. Joyce 2006, Street 2005, Kahane 2011). To establish that, these arguments rely on certain epistemic principles. But most of the epistemic principles appealed to in the literature on evolutionary debunking arguments (...) are imprecise, confused or simply implausible. My PhD aims to rectify that. Informed by debates in cutting-edge contemporary epistemology, Chapter 1 distinguishes three general, independently motivated principles that, combined with evolution, seem to render knowledge of robustly objective moral facts problematic. These epistemic principles state that (i.) our getting facts often right in a given domain requires explanation – and if we cannot provide one, our beliefs about that domain are unjustified; (ii.) higher-order evidence of error undermines justification; and (iii.) for our beliefs to be justified, our having them must be best explained by the facts they are about. Chapters 2-4 develop and critically assess evolutionary debunking arguments based on those principles, showing that only the one inspired by (iii.) succeeds. Chapter 2 investigates the argument that evolution makes explaining why we get moral facts often right impossible. I argue that Justin Clarke-Doane’s recent response (2014, 2015, 2016, 2017) works, yet neglects an issue about epistemic luck that spells trouble for robust moral objectivity. Chapter 3 discusses the argument that evolution provides higher-order evidence of error regarding belief in robustly objective moral facts. I show that such an argument falls prey to Katia Vavova’s (2014) self-defeat objection, even if evolutionary debunkers tweak their background view on the epistemic significance of higher-order evidence. Chapter 4 develops the argument that evolution, rather than robustly objective moral facts, best explains why we hold our moral beliefs. I offer a systematic, comprehensive defence of that argument against Andreas Mogensen’s (2015) charge of explanatory levels confusion, Terrence Cuneo’s (2007) companion in guilt strategy, and David Enoch’s (2012, 2016) appeal to deliberative indispensability. Chapter 5 brings everything together. It investigates whether robust moral objectivity survives the worry about epistemic luck raised in Chapter 2 and the explanatory challenge developed in Chapter 4. Making progress, however, requires a better idea of how we form true, justified beliefs about and acquire knowledge of robustly objective moral facts. Since it offers the most popular and best-developed epistemology of robustly objective morality, my inquiry in Chapter 5 focuses on contemporary moral intuitionism: the view that moral intuitions can be the source of basic moral knowledge. I argue that its success is mixed. While moral intuitionism has the conceptual tools to tackle the problem of epistemic luck from Chapter 2, it cannot insulate knowledge of robustly objective moral facts against the sceptical worry raised by the evolutionary debunking argument developed in Chapter 4. Thus, evolutionary theory, together with a commitment to robust moral objectivity, does lead to a form of unacceptable moral scepticism. (shrink)

Die Kant-Krise 1801 ist seit 200 Jahren Gegenstand der Kleistforschung. Der Autor systematisiert und testet alle bisher zum Thema vorgelegten Hypothesen. Im Zentrum steht Kleists Grüne-Gläser-Gleichnis als Zeugnis seiner Krise. Sowohl analytische Zugänge wie die Frage nach der logischen Struktur desselben als auch rezeptionsgeschichtliche Zugänge wie die Frage nach der Referenzschrift des Gleichnisses können die Qualität einer Hypothese bestimmen. Philosophiehistorische Untersuchungen zu Kleists Weltbild vor 1801 belegen die Hypothese von Kants transzendentaler Dialektik als Krisenschrift. Andere Hypothesen erweisen sich dieser als (...) unterlegen oder können widerlegt werden. Kleists poetologische und literarische Texte werden auf dieser Basis mit der transzendentalen Dialektik interpretiert. (shrink)

BackgroundNarrative reviews are the commonest type of articles in the medical literature. However, unlike systematic reviews and randomized controlled trials (RCT) articles, for which formal instruments exist to evaluate quality, there is currently no instrument available to assess the quality of narrative reviews. In response to this gap, we developed SANRA, the Scale for the Assessment of Narrative Review Articles.MethodsA team of three experienced journal editors modified or deleted items in an earlier SANRA version based on face validity, item-total correlations, (...) and reliability scores from previous tests. We deleted an item which addressed a manuscript’s writing and accessibility due to poor inter-rater reliability. The six items which form the revised scale are rated from 0 (low standard) to 2 (high standard) and cover the following topics: explanation of (1) the importance and (2) the aims of the review, (3) literature search and (4) referencing and presentation of (5) evidence level and (6) relevant endpoint data. For all items, we developed anchor definitions and examples to guide users in filling out the form. The revised scale was tested by the same editors (blinded to each other’s ratings) in a group of 30 consecutive non-systematic review manuscripts submitted to a general medical journal.ResultsRaters confirmed that completing the scale is feasible in everyday editorial work. The mean sum score across all 30 manuscripts was 6.0 out of 12 possible points (SD 2.6, range 1–12). Corrected item-total correlations ranged from 0.33 (item 3) to 0.58 (item 6), and Cronbach’s alpha was 0.68 (internal consistency). The intra-class correlation coefficient (average measure) was 0.77 [95% CI 0.57, 0.88] (inter-rater reliability). Raters often disagreed on items 1 and 4.ConclusionsSANRA’s feasibility, inter-rater reliability, homogeneity of items, and internal consistency are sufficient for a scale of six items. Further field testing, particularly of validity, is desirable. We recommend rater training based on the “explanations and instructions” document provided with SANRA. In editorial decision-making, SANRA may complement journal-specific evaluation of manuscripts—pertaining to, e.g., audience, originality or difficulty—and may contribute to improving the standard of non-systematic reviews. (shrink)

Immanuel Kant is recognized as one of the first philosophers who wrote systematically about global justice and world peace. In the current debate on global justice he is mostly appealed to by critics of extensive duties of global justice. However, I show in this paper that an analysis of Kant’s late work on rights and justice provides ample resources for disagreeing with those who take Kant to call for only modest changes in global politics. Kant’s comments in the Doctrine of (...) Right clarify that he thinks we need a coercively enforced global civil condition. But his work also contains ideas that imply that within such a global legal order there must be no extreme forms of poverty and inequality, and that the current holdings of states are by no means conclusive possessions without confirmation by the global legal order we have a duty to establish. Thus, this paper challenges the prevailing interpretation of Kant as a conservative thinker about global justice that is held, for instance, by the leading contemporary liberal thinkers such as John Rawls, Thomas Nagel, and Ronald Dworkin. (shrink)

In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we find disagreement (...) among philosophers about what constitutes the conceptual core of political authority: a power-right or a claim-right to rule. In this paper I show that both of these are problematic for a number of reasons. First, if we think that it is only the interests of the holders of a right to rule that justify the possession of authority, the conceptual core of authority must consist in a claim-right. However, this understanding of authority biases our thinking about legitimacy in favor of democratic exercises of power. Second, if we hold such a decisively democratic view of legitimacy, we confront an impasse with respect to addressing global collective action problems. Although it is clear that political authority is necessary or useful for solving these issues, it is doubtful that we can establish global institutions that are democratically authorized anytime soon. The paper suggests an alternative ‘Power-Right to Command View’ of political legitimacy that avoids the democratic bias and allows for thinking about solutions to global problems via global service authorities. (shrink)

Interpersonal coordination is a key factor in team performance. In interactive team sports, the limited predictability of a constantly changing context makes coordination challenging. Approaches that highlight the support provided by environmental information and theories of shared mental models provide potential explanations of how interpersonal coordination can nonetheless be established. In this article, we first outline the main assumptions of these approaches and consider criticisms that have been raised with regard to each. The aim of this article is to define (...) a theoretical perspective that integrates the coordination mechanisms of the two approaches. In doing so, we borrow from a theoretical outline of group action. According to this outline, group action based on a priori shared mental models is an example of how interpersonal coordination is established from the top down. Interpersonal coordination in reaction to the perception of affordances represents the bottom-up component of group action. Both components are inextricably involved in the coordination of interactive sports teams. We further elaborate on the theoretical outline to integrate a third, constructivist approach. Integrating this third approach helps to explain interpersonal coordination in game situations for which no shared mental models are established and game situations that remain ambiguous in terms of perceived affordances. The article describes how hierarchical, sequential and complex dimensions of action organization are important aspects of this constructivist perspective and how mental models may be involved. A basketball example is used to illustrate how top-down, bottom-up and constructivist processes may be simultaneously involved in enabling interpersonal coordination. Finally, we present the implications for research and practice. (shrink)

Human rights protect the conditions of a minimally decent life of which mental health is an indispensable element. Adequate care for mental health is thus recognized as part of the human right to health. However, for populations living far from urban centers, adequate in-person (mental) health care is often extremely costly and thus not provided. Digital mental health care options have become an effective alternative to in-person treatment. Benefitting from these new digital opportunities, though, requires sufficient access to the internet. (...) Because everyone has a human right to adequate health care, and digital mental health care is now an effective option for progressively realizing this human right for people who live in remote regions, these people also have to be understood to have a right to access to the internet. This right to internet access creates duties for public authorities and the international community to create the required digital infrastructure and (where needed) to cover the costs of internet access where this is the only feasible way of delivering, or progressively realizing, the mental health care that is indispensable for having the opportunity to lead minimally decent lives. (shrink)

Recently, Tomas Bogardus (2016), Andreas Mogensen (2017) and – at least on one plausible reconstruction – Sharon Street (2005) have argued that evolutionary theory debunks our moral beliefs by providing higher-order evidence of error. In response, moral realists such as Katia Vavova (2014) have objected that such evolutionary debunking arguments are self-defeating. The literature lacks any discussion of whether this self-defeat objection can be handled. My overall aim is to argue that it cannot, thus filling that lacuna – and vindicating (...) Vavova’s worry. To achieve my aim, I proceed in two steps. First, I propose a novel, prima facie promising strategy for avoiding self-defeat: evolutionary debunkers should reject Conciliationism, as defended by David Christensen (2007, 2009, 2011) and others, and instead explore Thomas Kelly’s (2010) Total Evidence View as their background view on the epistemic significance of higher-order evidence of error. Then, I show that evolutionary debunkers face insuperable difficulties trying to successfully implement that strategy. Depending on the kind of higher-order evidence of error that evolutionary considerations putatively provide, they either struggle with evidential weight or are committed to inconsistent assumptions about evolutionary counterparts. Either way, the evolutionary debunking argument from higher-order evidence of error fails. (shrink)

While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and (...) historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied. (shrink)

This paper argues that Internet access should be recognised as a human right because it has become practically indispensable for having adequate opportunities to realise our socio-economic human rights. This argument is significant for a philosophically informed public understanding of the Internet and because it provides the basis for creating new duties. For instance, accepting a human right to Internet access minimally requires guaranteeing access for everyone and protecting Internet access and use from certain objectionable interferences (e.g. surveillance, censorship, online (...) abuse). Realising this right thus requires creating an Internet that is crucially different from the one we currently have. The argument thus has wide-ranging implications. (shrink)

"Merten Reglitz makes a case for a new human right to free Internet access, arguing it is crucial for protecting and advancing fundamental moral interests. He examines the risks the Internet poses to our most important rights if it is not safeguarded by public institutions"--.

The question whether distributive justice is at bottom practice-dependent or practice-independent has received much attention in recent years. I argue that the problem of intergenerational justice resolves this dispute in favor of practice-independence. Many believe that we owe more to our descendants than leaving them a world in which they can merely lead minimally decent lives. This thought is particularly convincing given the fact that it is us who determine to a significant extent what this future world will look like. (...) However, no practices that would trigger distributive obligations exist between distant generations. Thus, if we have to leave more than a minimum for future generations, we cannot conceive of distributive justice in terms of the justification of ongoing social interactions. Rather we have to think of the entire concept as an idea based on persons’ legitimate interests and capacity for well-being, and which abstracts from participation in particular practices. (shrink)

A strong coloring on a cardinal $\kappa $ is a function $f:[\kappa ]^2\to \kappa $ such that for every $A\subseteq \kappa $ of full size $\kappa $, every color $\unicode{x3b3} <\kappa $ is attained by $f\restriction [A]^2$. The symbol $$ \begin{align*} \kappa\nrightarrow[\kappa]^2_{\kappa} \end{align*} $$ asserts the existence of a strong coloring on $\kappa $.We introduce the symbol $$ \begin{align*} \kappa\nrightarrow_p[\kappa]^2_{\kappa} \end{align*} $$ which asserts the existence of a coloring $f:[\kappa ]^2\to \kappa $ which is strong over a partition $p:[\kappa ]^2\to (...) \theta $. A coloring f is strong over p if for every $A\in [\kappa ]^{\kappa }$ there is $i<\theta $ so that for every color $\unicode{x3b3} <\kappa $ is attained by $f\restriction )$.We prove that whenever $\kappa \nrightarrow [\kappa ]^2_{\kappa }$ holds, also $\kappa \nrightarrow _p[\kappa ]^2_{\kappa }$ holds for an arbitrary finite partition p. Similarly, arbitrary finite p-s can be added to stronger symbols which hold in any model of ZFC. If $\kappa ^{\theta }=\kappa $, then $\kappa \nrightarrow _p[\kappa ]^2_{\kappa }$ and stronger symbols, like $\operatorname {Pr}_1_p$ or $\operatorname {Pr}_0_p$, also hold for an arbitrary partition p to $\theta $ parts.The symbols $$ \begin{gather*} \aleph_1\nrightarrow_p[\aleph_1]^2_{\aleph_1},\;\;\; \aleph_1\nrightarrow_p[\aleph_1\circledast \aleph_1]^2_{\aleph_1},\;\;\; \aleph_0\circledast\aleph_1\nrightarrow_p[1\circledast\aleph_1]^2_{\aleph_1}, \\ \operatorname{Pr}_1_p,\;\;\;\text{ and } \;\;\; \operatorname{Pr}_0_p \end{gather*} $$ hold for an arbitrary countable partition p under the Continuum Hypothesis and are independent over ZFC $+ \neg $ CH. (shrink)

Recently, companions in guilt strategies have garnered significant philosophical attention as a response to arguments for moral error theory, the view that there are no moral facts and that our moral beliefs are thus systematically mistaken. According to Cuneo (The normative web: an argument for moral realism, Oxford University Press, Oxford, 2007), Das (Philos Q 66:152–160, 2016; Australas J Philos 95(1):58–69, 2017), Rowland (J Ethics Soc Philos 7(1):1–24, 2012; Philos Q 66:161–171, 2016) and others, epistemic facts would be just as (...) metaphysically problematic (or ‘guilty’) as moral facts. But since epistemic error theory is implausible, arguments for moral error theory prove too much and should be rejected. My aim is to argue that the success of this strategy is limited. In particular, the companions in guilt response fails against error-theoretic arguments motivated by concerns about explanatory dispensability, as recently developed by Joyce (The evolution of morality, MIT press, Bradford, 2005) and Olson (Moral error theory: history, critique, defence, Oxford University Press, Oxford, 2014: Ch. 7). To succeed, the response would require a prima facie plausible argument to the effect that epistemic facts are metaphysically dubious because they, too, are explanatorily dispensable. But, as I show, any such argument proves self-effacing: its premise commits us to believing in epistemic facts, while its conclusion forces us to deny their existence. Consequently, companions in guilt strategies don’t offer a panacea against arguments for moral error theory. (shrink)

Manuel Mertens guides the reader through Bruno’s mnemonic palaces, and shows how these fascinating intellectual constructions of the famous heretic philosopher can be called magical.

A self-fulfilling prophecy is, roughly, a prediction that brings about its own truth. Although true predictions are hard to fault, self-fulfilling prophecies are often regarded with suspicion. In this article, we vindicate this suspicion by explaining what self-fulfilling prophecies are and what is problematic about them, paying special attention to how their problems are exacerbated through automated prediction. Our descriptive account of self-fulfilling prophecies articulates the four elements that define them. Based on this account, we begin our critique by showing (...) that typical self-fulfilling prophecies arise due to mistakes about the relationship between a prediction and its object. Such mistakes—along with other mistakes in predicting or in the larger practical endeavor—are easily overlooked when the predictions turn out true. Thus we note that self-fulfilling prophecies prompt no error signals; truth shrouds their mistakes from humans and machines alike. Consequently, self-fulfilling prophecies create several obstacles to accountability for the outcomes they produce. We conclude our critique by showing how failures of accountability, and the associated failures to make corrections, explain the connection between self-fulfilling prophecies and feedback loops. By analyzing the complex relationships between accuracy and other evaluatively significant features of predictions, this article sheds light both on the special case of self-fulfilling prophecies and on the ethics of prediction more generally. (shrink)

Este estudo oferece uma interpretação filosófica dos conceitos de memória e confissão, a partir da obra Coniissões de Agostinho. Estes conceitos são abordados com relação a outros temas importantes do pensamento de Agostinho, como, por exemplo, a teoria da iluminação, a prova noológica da existência de Deus e a concepção de Deus como fundamento da totalidade dos entes.

Clinical and laboratory studies have demonstrated that executing a demanding dual-task while recollecting emotional memories weakens the emotional intensity and vividness of these memories. While t...

Despite Kant's explicit statement that every murderer must suffer death, there are at least four situations to be found in Kant's work in which the killing of a human being should not lead to the death penalty: when too many murderers are involved; when a mother kills her illegitimate child; when one duellist kills the other; when one person pushes another off a plank in order to save his life. This paper discusses these situation and concentrates on the last situation (...) - Kant's interpretation of the plank of Carneades – with an eye to what they learn us about Kant understanding of the law. Does Kant acknowledge a legal vacuum? In order to come to a conclusion, Kant's 'solution' of the plank is compared with those suggested by other authors, such as Cicero, Pufendorf and Lon Fuller in his famous 'speluncean explorers' case. (shrink)

ArgumentThe paper is an exploration of the interactions between Einstein and Oppenheimer. It highlights the sharp differences in Einstein's and Oppenheimer's approach to physics, in their presentation of self as iconic figures, and in their relation to the communities they considered themselves part of. To understand their differing approaches to physics it briefly reviews the kinds of unifications that took place in physics during the first two-thirds of the twentieth century and points to the 1961 MIT centennial celebration to demonstrate (...) the potency of Einstein's vision that there might be a fundamental theory from which all known theories could be derived. It also briefly reviews various aspects of the development of theoretical physics and of general relativity in the first two-thirds of the twentieth century, to better understand the context of the sharp, negative remarks that Oppenheimer made about Einstein and about his theory of general relativity in 1965 on the occasion of the tenth anniversary of Einstein's death. To answer the question: “Why the antagonism on Oppenheimer's part?” it looks at Oppenheimer's and Einstein's relation to their Jewish roots, their stance regarding nationalism, and their philosophical commitments. (shrink)

Proponents of practice-dependent egalitarianism argue that egalitarian duties and entitlements only apply among participants in morally relevant practices. In this paper, I argue that these views are implausible because they allow for objectionable treatment of non-participants. I show that it is impossible, on the basis of practice-internal considerations alone, to determine the extent to which the pursuit of practices can permissibly limit the opportunities of non-participants. There are opportunities beyond the current holdings of practices to which no one has a (...) privileged claim (such as unowned natural resources), and the distribution of which is a matter of justice. A just distribution of such unowned distributive goods, though, requires a practice-independent distributive baseline. I further show that such a baseline can only be egalitarian because all alternative baselines face serious objections. From this I conclude that any plausible theory of distributive justice must accept some form of equal practice-independent distributive entitlements. (shrink)

In her debate with Michael Blake, Gillian Brock sets out to justify emigration restrictions on medical workers from poor states on the basis of their free-riding on the public investment that their states have made in them in form of a publicly funded education. For this purpose, Brock aims to isolate the question of emigration restrictions from the larger question of responsibilities for remedying global inequalities. I argue that this approach is misguided because it is blind to decisive factors at (...) play in the problem of medical brain drain and consequently distorts the different responsibilities this problem generates. Brock’s strategy, if successful, would effectively lead to punishing emigrating workers from poor states for the free-riding and exploitation that is committed by affluent states – which is a counter-intuitive result. (shrink)

In this thesis I defend the principle of global egalitarianism. According to this idea most of the existing detrimental inequalities in this world are morally objectionable. As detrimental inequalities I understand those that are not to the benefit of the worst off people and that can be non-wastefully removed. To begin with, I consider various justifications of the idea that only those detrimental inequalities that occur within one and the same state are morally objectionable. I identify Thomas Nagel’s approach as (...) the most promising defence of this traditional position. However, I also show that Nagel’s argument does not even justify the elimination of detrimental inequalities within states. A discussion of the concept of political legitimacy rather shows that egalitarian justice is not a necessary condition of the justifiability of the exercise of coercive political power. I, then, consider other, more Rawlsian approaches to the question of detrimental inequalities. These views appear more plausible than Nagel’s position and argue that egalitarian duties also arise in certain international contexts. But also these more global theories of distributive justice suffer from shortcomings. Since they make the application of duties of justice dependent on the existence of social practices they cannot adequately account for the justified interests of non-participants that are affected by these practices. The counter-intuitive implications of practice-dependent theories lead me to investigate the plausibility of a theory that does not limit justice to existing practices and that argues for the inherent value of equality. This theory is global egalitarianism. I defend global egalitarianism by debilitating three objections that opponents of this idea frequently present in the relevant literature. Finally I also address two particular objections to the idea that global egalitarian duties are institutionalizable with the help of coercive global authorities. (shrink)

The small article “Statutory Injustice and Suprastatutory Law” published in 1946 by Gustav Radbruch is one of the most important texts in 20th century legal philosophy. Until recently, its importance was said to stem from its renewal of ‘natural law’ and from its ‘formula’, according to which the value of justice should override that of legal certainty in extreme cases. In this contribution, a close examination will show that Radbruch's text is less univocal than often suggested. I argue that Radbruch (...) deals here with the acute problems of apparent criminal legality during the Nazi-era rather than with problems of validity. In order to make this clear, I first briefly sketch Radbruch's personal history and the context into which the article fits. Secondly, I analyze the text itself and focus on how to understand the well-known grudge informer case. Finally, I pay some attention to the renewed topical interest of Radbruch's formula, owing to the fact that it was used in the trials against former-GDR soldiers who shot fugitives at the Berlin Wall,and their superiors. (shrink)