This book is a collection of secondary essays on America's most important philosophic thinkers—statesmen, judges, writers, educators, and activists—from the colonial period to the present. Each essay is a comprehensive introduction to the thought of a noted American on the fundamental meaning of the American regime.

continent. 2.2 (2012): 76–81 Comments on Eugene Thacker’s “Cosmic Pessimism” Nicola Masciandaro Anything you look forward to will destroy you, as it already has. —Vernon Howard In pessimism, the first axiom is a long, low, funereal sigh. The cosmicity of the sigh resides in its profound negative singularity. Moving via endless auto-releasement, it achieves the remote. “ Oltre la spera che piú larga gira / passa ’l sospiro ch’esce del mio core ” [Beyond the sphere that circles widest / (...) penetrates the sigh that issues from my heart]. 1 The axiomatic sigh of the pessimist is in a way the pure word of philosophy, a thought that thinks without you, speaks where you are not. The live pneumatic form of the soul’s eventual exit from the dead body’s mouth, the sigh restores consciousness to the funeral of being, to the passing away that is existence. Pessimism speaks in piercing aphorisms because first it sighs. “Beyond the sphere passeth the arrow of our sigh. Hafiz! Silence.” 2 … pessimism is guilty of that most inexcusable of Occidental crimes—the crime of not pretending it’s for real. To the pessimist, the ‘real’ world—the world on whose behalf we are expected to wake up in the morning—is a ceaseless index of its own unreality. The pessimist’s day is not an illumined space for the advancement of experience and action, but a permanently and inescapably reflective zone, the vast interior of a mirror where each thing is only insofar as it is, at best, a false image of itself. Within this speculative situation, inside the doubleness of the mirror, pessimism splits into two paths, false and true, one that tries to fix pessimism (establish a relation with the mirror) and decides in favor of the apparent real, and another that totally falls for pessimism (enters the mirror) and communes with the greater reality of the unreal. These two paths are distinguished by their relation to pessimism’s guilt vis-à-vis the world’s reality-project. The first form, that which remains pessimism for the world and puts on a smiling face, stays guilty to itself (i.e. unconscious) and thus turns hypocritical, becoming at once the pessimism of the commoner who really just wants things to be better for himself and the pessimism of the elite who wants to critically refashion reality in his own image. The general form of this worldly, hypocritical pessimism is the impulse to ‘make the world a better place’, which is the global mask under which the world is diurnally made worse. The second form, that which follows pessimism away from the world and ceases to put on a smiling face, refuses guiltiness as itself theessential Occidental mode of pretense and turns honest, becoming at once the intelligent pessimism required of all ordinary action and the radical pessimism necessary for self-knowledge: seeing that no one is capable of doing good. The general form of this universal, honest pessimism is the impulse not to worry, to give up and embrace dereliction, which is the only real way the world is actually improved. Where worldly pessimism is the engine productive of interminably warring secular and sacred religions (good-projects), universal pessimism strives hopelessly for the paradise of a supremely instantiated pessimus: things are getting so bad that there is no longer any time for them to get worse; things are so constantly-instantly worst that this is BEST. Cosmic pessimism is the mode of universal pessimism which can yet discourse with the world, which has not chosen silence and can spread the inconceivably BAD NEWS in an orderly form ( kosmos ) that the world can understand (if it wanted to). … the result of a confusion between the world and a statement about the world. That is what the world is (the result of a confusion between the world and a statement about the world). … a generalized misanthropy without the anthropos. Pessimism crystallizes around this futility—it is its amor fati , rendered as musical form. Pessimism’s love of fate is a blind love, a love of the blindness of being human in a cosmos conceived around the human’s eclipse, a heavy levitation in the contradictory space between the inescapability of its having been and the impossibility of its will-be. Pessimism’s song of futility is a sensible way of loving fate, with a minimum of eros, by means of a kind of matrimonial love of the fatal. As music, pessimism stays open to the irreparable and the inexorable without the binding of affirmation, in the apparent absence of the radical, infinitely surplus will that absolute amor fati seems to require. Crying, laughing, sleeping—what other responses are adequate to a life that is so indifferent? “Unless a man aspires to the impossible, the possible that he achieves will scarcely be worth the trouble of his achieving it. We should aspire to the impossible, to absolute and infinite perfection [….] The apocatastasis is more than a mystical dream: it is a norm of action, it is a beacon for high deeds [….] For true charity is a species of invasion [….] It is not charity to rock and lull our fellow men to sleep in the inertia and heaviness of matter, but rather to arouse them to anguish and torment of spirit.” 3 … the impossibility of ever adequately accounting for one’s relationship to thought. “The paroxysm of interior experience leads you to regions where danger is absolute, because life which self-consciously actualizes its roots in experience can only negate itself [….] There are no arguments [….] On the heights of despair, the passion for the absurd is the only thing that can still throw a demonic light on chaos [….] I live because the mountains do not laugh and the worms do not sing .” 4 It took three attempts before she was fully decapitated, all the while she continued, perhaps miraculously, to sing. According to the earliest account of Cecilia’s martyrdom, the beheading turns out worse. After not severing her head in three strokes, “the cruel executioner left her half dead” (seminecem eam cruentus carnifex dereliquit). 5 Cecilia’s effortlessly powerful endurance of the three strokes—a fitting icon for pessimism as an art of dereliction—demonstrates the “passivity and absence of effort [….] in which divine transcendence is dissolved.” 6 There’s a ghost that grows inside of me, damaged in the making, and there’s a hunt sprung from necessity, elliptical and drowned. Where the moving quiet of our insomnia offers up each thought, there’s a luminous field of grey inertia, and obsidian dreams burnt all the way down. Like words from a pre-waking dream. There is no reason to think that they are not. NOTES 1. Dante Alighieri. Vita Nuova . ed. and trans. Dino S. Cervigni and Edward Vasta. Notre Dame: University of Notre Dame Press. 1995. 41:10. 2. Hafiz of Shiraz. The Divan . trans. H. Wilberforce Clarke. London: Octagon Press. 1974. 10.9. 3. Miguel de Unamuno. The Tragic Sense of Life in Men and Nations . trans. Anthony Kerrigan. Princeton: Princeton University Press. 1972. 305-6. 4. E.M. Cioran. On the Heights of Despair . trans. Ilinca Zarifopol-Johnston. Chicago: University of Chicago Press. 1992. 9-10. 5. Giacomo Laderchi. S. Caeciliae Virg[inis] et Mart[yris] Acta. . . Rome. 1723. 38. 6. Georges Bataille. On Nietzsche . trans. Bruce Boone. London: Continuum. 2004. 135. See Nicola Masciandaro. “ Half Dead: Parsing Cecilia .” A Commentary on Eugene Thacker’s "Cosmic Pessimism" Gary J. Shipley Pessimism is the refusal to seek distraction, the refusal to remodel failure into a platform for further (doomed) possibilities, the refusal of comfort, the acceptance of the sickness of healthy bodies, the cup of life overflowing with cold vomit. If, as Ligotti suggests when discussing Invasion of the Body Snatchers , 1 humans prefer the anxieties of their familiar human lives to the contentment of an alien one, then the pessimist, we could argue, represents some perverted combination of the two, preferring (presuming he has a choice) the defamiliarization of human life to the contentment of its unquestioned mundanity. The quasi-religious state of mind that Wittgenstein would mention on occasion, that of “feeling absolutely safe,” 2 is a state the pessimist could only imagine being approximated by death, or perhaps some annihilative opiate-induced stupor. This Wittgensteinian commingling of certainty and faith looks every bit the futile gesture, a mere rephrasing of collapse or partial collapse. The only certainty open to the pessimist is that of the toxic formula of life itself—a formula known and lacuna-free. Certainty, far from being the gateway to deliverance, becomes the definitive impediment; and the possibility of salvation, as long as it remains, becomes crucially reliant on postulations of ignorance, epistemic gaps, a perennial incompleteness: “the perfect safety of wooed death […] the warm bath of physical dissolution, the universal unknown engulfing the miniscule unknown.” 3 The height of Leibniz’s Panglossian insanity nurtured the idea that our knowing everything—via the universal calculus—could be accurately described a triumph, as opposed to a nightmare in which our every futility is laid bare. Stagnancy and boredom are perhaps two of the greatest ills of Western civilisation, and the most potent pessimism tells you that you’re stuck with both. The most we can hope for, by way of salvation, is to throw open our despair to the unknown. The fact that Schopenhauer’s pessimism stopped short of morality and allowed him to play the flute, as Nietzsche complained, highlights the predicament of a man who despite having adorned nothingness with a smiling face still found himself alive. The demand here is that it be felt: a cross-contamination of intellect and emotion. The safety net of numerous parentheses makes for a failed philosophy, rather than a philosophy of failure. Depressives make bad pessimists, because, unless they choose to die, living will always infect them with necessities of hope, forcing them to find something, anything (all the various “as ifs”) to make existence tolerable. For as Cioran observed, while “[d]epressions pay attention to life, they are the eyes of the devil, poisoned arrows which wound mortally any zest and love of life. Without them we know little, but with them, we cannot live.” 4 And even when cured of our depressions we’ll find ourselves consumed, eaten alive by the hyper-clinical (borderline autistic) mania that replaces them: a predicament captured all too clearly in the microscriptual fictions of Robert Walser, where spectral men and women stifle their depressive madness with protective comas of detail, their failed assimilations buried beneath thick crusts of remote data. Like Beckett’s Malone their stories may have ended, but cruelly their lives have not. Pessimism is an extraneous burden (a purposeless weight) that makes everything else harder to carry, while at the same time scooping it out and making it lighter. If pessimism had a sound it would be the harsh non-noise of tinnitus—the way that every person would hear themselves if they refused their distractions long enough to listen: a lungless scream from the extrasolar nothing of the self. The music of pessimism—if indeed we can imagine such a thing—is the reverberating echo of the world’s last sound, conjectured but never heard, audible only in its being listened for. The one consolation of this hollow paradox of audibility being, that “he will be least afraid of becoming nothing in death who has recognized that he is already nothing now.” 5 The pessimist suffers a derangement of the real, a labyrinthitis at the nucleus of his being: he’s the stumbling ghost relentlessly surprised that others can see him. If Cioran’s refusal is manifested in sleep (when even saying ‘no’ is too much of a commitment), then Pessoa’s resides in the dreams inside that sleep. Pessoa chooses to exploit the fact that he’s being “lived by some murmuring non-entity both shadowy and muddied” 6 by growing more voids to live him. His is a Gnostic breed of sleep, “sleeping as if the universe were a mistake,” 7 a sleep that dreams through Thacker’s cosmic pessimism (“a pessimism of the world-without-us.”, “the unhuman orientation of deep space and deep time” 8 ), through the critical error of there being anything at all when there could be nothing. The metaphysical pessimist is someone who, however well life treats them, still desires to wake from it, as from the poisonous air of a bad dream. Pessimism is a paradox of age, being simultaneously young and old; its youth residing in a refusal to accept the authority of existence (its rich history, its inherent beneficence), a refusal to “get over” the horror of what it sees with its perpetually fresh eyes, and its maturity in the unceremonious disposal of the philosophical playthings (those futile architectures) of adolescence. As Thacker remarks: “Pessimism abjures all pretenses towards system—towards the purity of analysis and the dignity of critique.” 9 A sentiment shared with Pessoa, who duly categorizes those that choose to enact this futile struggle: “The creators of metaphysical systems and of psychological explanations are still in the primary stage of suffering.” 10 If the pessimist has shared a womb with anyone, it’s with the mystic and not the philosopher. As Schopenhauer tells us: “The mystic is opposed to the philosopher by the fact that he begins from within, whereas the philosopher begins from without. […] But nothing of this is communicable except the assertions that we have to accept on his word; consequently he is unable to convince.” 11 The crucial difference between the mystic and the pessimist is not the latter’s impassivity and defeatism, but his unwillingness/inability to contain in any way the spread of his voracious analyticity, his denial of incompleteness, his exhaustive devotion to failure. The truth of our predicament, though heard, is destined to remain unprocessed. Like the revelations of B.S. Johnson’s Haakon (“We rot and there’s nothing that can stop it / Can’t you feel the shaking horror of that?” 12 ) the pessimist’s truths are somehow too obvious to listen to, as if something inside us were saying, “Of course, but haven’t we gotten over that?” Pessimism is simple and ugly, and has no desire to make itself more complex or more attractive. The true moral pessimist knows that the Utilitarian’s accounts will always be in the red. He can see that for all his computational containments, his only honest path is a negative one, and that such a path has but one logical destination: that of wholesale human oblivion. Thacker notes how at the core of pessimism lies the notion of “the worst,” through which death is demoted by the all-pervasive suffering of a life that easily eclipses its threat. And so with doom made preferable to gloom, death begins to glint with promise, “like beauty passing through a nightmare.” 13 But even among pessimists suicide is, for the most part, thought to be an error. Schopenhauer, for instance, regarded suicide a mistake grounded in some fundamentally naïve disappointment or other. Pessoa too thought suicide an onerous escape tactic: “To die is to become completely other. That’s why suicide is a cowardice: it’s to surrender ourselves completely to life.” 14 There is a call here to be accepting of and creative with the puppetry of your being, an insistence that it’s somehow a blunder to attempt to hide in death from the horrors you find inlife. 15 Tied up with this perseverance is the slippery notion of the good death, for maybe, as Blanchot warns, suicide is rarely something we can hope to get right, for the simple reason that “you cannot make of death an object of the will.” 16 “Even in cases where the entire corpus of an author is pessimistic, the project always seems incomplete,” 17 and this is not simply because the project itself belies something yet to be disclosed, but because the project itself is a thing waiting. It waits on a cure it knows will not come, but for which it cannot do anything (as long as it continues to do anything) but wait. NOTES 1. See Thomas Ligotti. The Conspiracy Against the Human Race . New York: Hippocampus Press. 2010. 91. 2. Ludwig Wittgenstein. “A Lecture on Ethics.” Philosophical Review . (74) 1. 1965. 8. 3. Vladimir Nabokov. Pale Fire . New York: Vintage. 1989. 221. 4. E. M. Cioran. The Book of Delusions . trans. Camelia Elias. Hyperion. 5.1. (2010): 75. 5. Arthur Schopenhauer. The World as Will and Representation. vol. 2 . trans. E .F J. Payne. New York: Dover. 1966. 609. 6. Eugene Thacker. “Cosmic Pessimism.” continent. . 2.2 (2012): 67. 7. Fernando Pessoa. The Book of Disquiet . trans. Richard Zenith. London: Penguin. 2002. 35. 8. Eugene Thacker. “Cosmic Pessimism.” continent. . 2.2 (2012): 68. 9. Ibid. 73. 10. Fernando Pessoa. The Book of Disquiet . trans. Richard Zenith. London: Penguin. 2002. 341. 11. Arthur Schopenhauer. The World as Will and Representation. vol. 2 . trans. E .F J. Payne. New York: Dover. 1966. 610-11. 12. B.S Johnson. “You’re Human Like the Rest of Them.” in Jonathan Coe. Like a Fiery Elephant: The Story of B.S. Johnson . London: Picador. 2004. 177. 13. Fernando Pessoa. The Book of Disquiet . trans. Richard Zenith. London: Penguin. 2002. 415. 14. Ibid. 199. 15. “Suicide is, after all, the opposite of the poem.” Anne Sexton. No Evil Star: Selected Essays, Interviews and Prose . ed. Steven Gould Axelrod. Ann Arbor: University of Michigan Press. 1985. 92. 16. Maurice Blanchot. The Space of Literature . trans. Ann Smock. Lincoln: University of Nebraska Press. 1989. 105. 17. Eugene Thacker. “Cosmic Pessimism.” continent. . 2.2 (2012): 75. (shrink)

This article aims to defend the thesis—originally defended by Alan Donagan but rejected by Philippa Foot and most others—that the doing/allowing distinction is based upon the difference between acting and failing to act. The paper restricts its focus to the second aspect of this thesis: that every allowing is most fundamentally a failure to act. Foot rejects the thesis because of cases of ‘enabling harm’—such as removing a respirator—in which the agent allows some harm by way of doing something. The (...) troubling aspect of these cases, however, disappears when two points are better understood. First, an independent sequence must be understood in relation to the agent's own actions. Second, sometimes an agent has ongoing actions, such as the use of a respirator. (shrink)

1. Introduction The policy of deterrence, at least to avert nuclear war between the superpowers, has been a controversial one. The main controversy arises from the threat of each side to visit destruction on the other in response to an initial attack. This threat would seem irrational if carrying it out would lead to a nuclear holocaust – the worst outcome for both sides. Instead, it would seem better for the side attacked to suffer some destruction rather than to retaliate (...) in kind and, in the process of devastating the other side, seal its own doom in an all-out nuclear exchange. Yet, the superpowers persist in their adherence to deterrence, by which we mean a policy of threatening to retaliate to an attack by the other side in order to deter such an attack in the first place. To be sure, nuclear doctrine for implementing deterrence has evolved over the years, with such appellations as “massive retaliation,” “flexible response,” “mutual assured destruction”, and “counterforce” giving some flavor of the changes in United States strategic thinking. All such doctrines, however, entail some kind of response to a Soviet nuclear attack. They are operationalized in terms of preselected targets to be hit, depending on the perceived nature and magnitude of the attack. Thus, whether U.S. strategic policy at any time stresses a retaliatory attack on cities and industrial centers or on weapons systems and armed forces, the certainty of a response of some kind to an attack is not the issue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:What is Fantasy?Brian Laetz and Joshua J. JohnstonWizards, elves, dragons, and trolls—this is certainly the stuff of fantasy, populating the fictions of such giants as Tolkien, no less than the juvenilia of many aspiring writers. However, it is much easier to identify typical elements of fantasy, than it is to understand the category of fantasy itself. There can be little doubt that, in practice, the genre is pretty well (...) defined, concretely manifesting itself in the shelves reserved for it in video shops and bookstores. But stating why a work belongs on these shelves, rather than those in the near vicinity, such as horror and science fiction, or those more remote, like plain old fiction, presents a real challenge. Certainly, a mere few feet could separate fantasy from the other shelves, but the conceptual distance those feet represent appears great indeed. What, if anything, distinguishes this genre from other categories of mass art. In other words, what is fantasy?To begin, fantasy is a transmedia genre, since there are fantasy novels and movies, for instance, as is illustrated by J. R. R. Tolkien's Lord of the Rings saga and its recent cinematic adaptation. It is interesting to note that fantasy includes works from other media as well, such as paintings, which often accompany fantasy narratives, like Frank Frazetta's recognizable illustrations for Robert E. Howard's Conan the Barbarian stories. Forms of entertainment are also affiliated with the genre, such as role-playing games, like Dungeons and Dragons, though one might balk at considering such things even forms of mass art? Nonetheless, despite the variety of media and entertainments associated with fantasy, [End Page 161] narratives occupy a fundamental place within the genre. For paintings, drawings, and the like are only recognizably fantastic given some narrative background that tells us what wizards, trolls, and dragons look like.1 Plausibly, it is what allows us to see that a drawing depicts an elf, for example, rather than a child with odd pointy ears. Thus, even if some works of fantasy are, strictly speaking, non-narrative, fantastic narratives remain fundamental, since these other works would not be classified as fantasy without them. This warrants initially setting aside things like fantasy games and paintings to focus on narratives. What, precisely, makes a narrative fantastic?First, fantastic narratives are essentially fictional. For regardless of how one ultimately understands the nature of fiction, the notion of true fantasy seems patently incoherent, quite unlike, say, true crime. And it must be stressed that this point should be compatible with any theory of fiction. Second, the sort of things that can make a work fantastic, like wizards and dragons, must be prominent in the work—they cannot be minor details. For example, had there been a two-minute scene in Spartacus in which someone cast a spell, the scene would have been fantastic, but ultimately the movie would not be classified any differently; you would still find it on the drama shelf. Moreover, this condition is not peculiar to fantasy.2 For instance, no one who has suffered through a Steven Seagal film would seriously classify it as romance or even action-romance, simply because it has a minor romantic subplot. Fantasy is no different from any other genre in this regard: whatever features define a genre must be prominent in a work in order for it to belong to the relevant genre. Third, the sort of content that can make a work fantastic must not solely be viewed as symbols for things that are not fantastic. In other words, these elements cannot just be taken as allegorical.3 This alone would seem to disqualify George Orwell's Animal Farm from the genre, since most read the intelligent animals as merely symbols portraying various factions in communist Russia. It should be noted that the actual intentions of the author probably matter little here. For example, even if scholars discovered that Tolkien merely intended the Middle Earth saga as an elaborate allegory, it would remain fantasy; few would be tempted to move the books to another shelf. Fourth, the relevant content must not solely be mocked or lampooned within the work.4 This is necessary... (shrink)

The leading models of disability struggle to fully encompass all aspects of “disability.” This difficulty arises, the author argues, because the models fundamentally misunderstand the nature of disability. Current theoretical approaches to disability can be understood as “nounal,” in that they understand disability as a thing that is caused or embodied. In contrast, this paper presents an adverbial perspective on disability, which shows that disability is experienced as a personally irremediable impediment to daily-living tasks or goals-like-ours. The picture theory of (...) disability technically constitutes a species of relational approach because its analysis references the interplay between an individual and their environment; it differs from other relational accounts, however, by interpreting disability as a certain kind of negative experience—rather than a function of that relationship. This purely descriptive theory makes no normative claims about disability and operates as both a mechanism for the evaluation of the experience of disability and a heuristic device for the proper interpretation of disability. When disability is reframed in this way, the theory offers a particularist perspective which shows if, when, where, and how disability is experienced. (shrink)

Abstract“Psychological essentialism” refers to our tendency to view the natural world as emerging from the result of deep, hidden, and internal forces called “essences.” People tend to believe that genes underlie a person’s identity. People encounter information about genetics on a regular basis, as through media such as a New York Times piece “Infidelity Lurks in Your Genes” or a 23andMe commercial showing people acquiring new ethnic identities as the result of their genotyping. How do people make sense of new (...) scientific findings that are inherently complex if they don’t have years of specialized training and education at their disposal? Given the substantial overlap between a lay understanding of genetics and lay intuitions about essences, we argue that, when most people are thinking about genes, they are not really thinking about genes in the complex ways that good scientists are. Combating people’s essentialist biases can be a formidable challenge. Although we have identified some promising results of trying to reduce people’s genetic essentialist tendencies, there is still much to learn about how these essentialist biases can be countered. It is important to help people understand genetic information so they are able make well‐informed decisions about their lives. (shrink)

The sexual citizenship of disabled persons is an ethically contentious issue with important and broad-reaching ramifications. Awareness of the issue has risen considerably due to the increasingly public responses from charitable organisations which have recently sought to respond to the needs of disabled persons—yet this important debate still struggles for traction in academia. In response, this paper continues the debate raised in this journal between Appel and Di Nucci, concurring with Appel’s proposals that sexual pleasure is a fundamental human right (...) and that access to sexual citizenship for the severely disabled should be publicly funded. To that endeavour, this paper refutes Di Nucci’s criticism of Appel’s sex rights for the disabled and shows how Di Nucci’s alternative solution is iniquitous. To advance the debate, I argue that a welfare-funded ‘sex doula' programme would be uniquely positioned to respond to the sexual citizenship issues of disabled persons. (shrink)

In March 2015, the Dag Hammarskjöld Foundation convened a workshop in Uppsala, Sweden to address questions about antibiotic resistance, in partnership with the Global Strategy Lab, the Journal of Law, Medicine & Ethics, the Norwegian Institute of Public Health, and ReAct – Action on Antibiotic Resistance. Eleven concise articles were commissioned to explore whether ABR depended on global collective action, and if so, what tools could help states and non-state actors to achieve it. This article introduces that collection, which is (...) found in an online-only symposium at aslme.org. (shrink)

Naturalism - the thesis that all facts are natural facts, that is the facts that can be recognised and explained by a natural science - plays a central role in contemporary analytical philosophy. Yet many philosophers reject the claims of naturalism. The essays in this anthology explore the difficulties of naturalism by revealing the ambiguities surrounding it, as well as the tensions that exist among its critics.

Most proposals for new international agreements aim to address important global challenges. If the goal is to solve problems, then the value of these agreements depends on their ability to influence the world — to shape norms, constrain behavior, facilitate cooperation, and mobilize action. A recent review of empirical studies has suggested that many international agreements fail to achieve their aspirations. The review indicates that the form in which states make commitments to each other — through an international legal agreement (...) or through other means — may not be as important as commonly thought. It is the content of the commitments and how these are supported by mechanisms to encourage implementation that matter the most. When developing proposals for new international agreements, like the one that has recently been proposed to address antibiotic resistance, attention to implementation mechanisms should therefore be equal to if not greater than the attention paid to its form. (shrink)

If we overlook no consequences when we assess the act, and no relevant features when we generalize, can it matter whether we ask 'What would happen if everyone did the same?' instead of 'What would happen if this act were performed?'? David Lyons has argued that it cannot. Two examples are here articulated to show that it can. The first turns on the way consequences are identified and assessed and in particular on the treatment accorded 'threshold consequences'. The second example (...) turns on the way in which the 'social context' of the act (what others would be doing) is taken into account in the generalization. Also included is a formal theory of conditionals from which implications are drawn for utilitarianism and with which I attempt to dispel certain doubts concerning cases employed in my arguments. (shrink)

Cutting a cake, dividing up the property in an estate, determining the borders in an international dispute - such problems of fair division are ubiquitous. Fair Division treats all these problems and many more through a rigorous analysis of a variety of procedures for allocating goods, or deciding who wins on what issues, when there are disputes. Starting with an analysis of the well-known cake-cutting procedure, 'I cut, you choose', the authors show how it has been adapted in a number (...) of fields and then analyze fair-division procedures applicable to situations in which there are more than two parties, or there is more than one good to be divided. In particular they focus on procedures which provide 'envy-free' allocations, in which everybody thinks he or she has received the largest portion and hence does not envy anybody else. They also discuss the fairness of different auction and election procedures. (shrink)

The Human Condition is neither a well-defined nor well-described concept—nevertheless, it is generally agreed that human sexuality is a fundamental and constituent part of it. For most able-bodied persons, accessing and expressing one's sexuality is a (relatively) trouble-free process. However, many disabled persons experience difficulty in accessing their sexuality, while others experience such significant barriers that they are often precluded from sexual citizenship altogether. Recognising the barriers to the sexual citizenship of disabled persons, the concept of a Welfare-Funded Sex Doula (...) Program has been advanced — a program specifically aimed at meeting the various (and often complex) sexual needs of disabled people. Below we show how that program can be justified within at least two different moral frameworks, the capabilities approach and liberal utilitarianism, and consider and repudiate arguments against it. (shrink)

Neuromarketing is an emerging field in which academic and industry research scientists employ neuroscience techniques to study marketing practices and consumer behavior. The use of neuroscience techniques, it is argued, facilitates a more direct understanding of how brain states and other physiological mechanisms are related to consumer behavior and decision making. Herein, we will articulate common ethical concerns with neuromarketing as currently practiced, focusing on the potential risks to consumers and the ethical decisions faced by companies. We argue that the (...) most frequently raised concerns—threats to consumer autonomy, privacy, and control—do not rise to meaningful ethical issues given the current capabilities and implementation of neuromarketing research. But, we identify how potentially serious ethical issues may emerge from neuromarketing research practices in industry, which are largely proprietary and opaque. We identify steps that can mitigate associated ethical risks and thus reduce the threats to consumers. We conclude that neuromarketing has clear potential for positive impact on society and consumers, a fact rarely considered in the discussion on the ethics of neuromarketing. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Efficacious Grace and Free Will:Six Inadequate ArgumentsSteven J. JensenDuring the de auxiliis controversies, the idea of efficacious grace was used extensively as an attempt to explain the manner in which God infallibly achieves his will at the level of supernatural grace. One meaning of efficacious grace has often been considered inconsistent with the idea of free will. The inconsistency—if there is any—depends upon a particular meaning, according to which (...) efficacious grace has three important characteristics: it is an infallible physical pre-motion. (1) Efficacious grace is "physical" because it moves after the manner of an efficient cause rather than after the manner of a final cause (which would be called a "moral" motion).1 (2) The motion is prior (or a pre-motion) because it causally precedes the act of the will to which it gives rise. Finally, (3) the motion is infallible because that toward which it moves the will in every case must be achieved.Suppose, for instance, that God gives Jerry an efficacious grace to help Jane, who is in need. The grace is not merely the enticement of some good (a moral movement), but is the movement of an efficient cause, after the manner by which fire heats water. Furthermore, the grace is efficacious prior to Jerry's actual choice and does not depend upon his will for its efficacy. Finally, once Jerry is moved by this grace, he will of necessity (or infallibly) choose to help Jane.In what follows, references to efficacious grace will refer to this particular [End Page 115] understanding, with these three characteristics. Other conceptions of efficacious grace, such as that given by Jacques Maritain, are not relevant to this paper.2The combination of these three characteristics is sometimes thought to be inconsistent with a particular understanding of free will, according to which the will is the only created cause that determines itself to its final action. Since efficacious grace is a created cause (and not the divine will), since it is an efficient cause, since it is causally antecedent to the final act of the will, and since it determines the will to act, it is inconsistent with free will. Or so the argument goes, at any rate. Whatever the details of this argument, most people will concede that there is, at the very least, an intuitive inconsistency between free will and efficacious grace. To be moved infallibly by an efficient cause seems incompatible with the movement of the will, the agency of which is free, and which therefore is not moved determinately to some effect.3Those who wish to defend efficacious grace have advanced a contrary claim—that efficacious grace is consistent with human free will—which might be called the Consistency Thesis. Apparent inconsistencies are nothing more than apparent. In defense of the Consistency Thesis, a multiplicity of Thomistic arguments are offered by authors such as Reginald Garrigou-Lagrange, Steven Long, and Taylor O'Neill.This paper is concerned to show neither the truth nor the falsity of the Consistency Thesis. Rather, it considers six of the arguments defending the thesis and finds all of them wanting. Whatever their merits for other purposes (and often their merits are great), these arguments are inadequate to the task of defending the Consistency Thesis. They are often not bad arguments; they are simply insufficient. They are not enough to show a consistency between efficacious grace and free will. This goal, although modest, is significant, for when confronted with the six arguments readers can be left with the impression that the question is settled. [End Page 116]The Problem ClarifiedThe enemies of efficacious grace suggest the following implication: if the will is moved to act by an infallible physical pre-motion, then the will is determined. The Consistency Thesis may be defended by denying the implication. Even when moved by an infallible physical pre-motion such as efficacious grace (so the defense will argue), the will can remain undetermined. All the arguments discussed below (if they are indeed arguments in defense of the Consistency Thesis) take this approach, although the fourth argument does so only in a very indirect manner.The first argument claims... (shrink)

The sexual citizenship of disabled persons is an ethically contentious issue with important and broad-reaching ramifications. Awareness of the issue has risen considerably due to the increasingly public responses from charitable organisations which have recently sought to respond to the needs of disabled persons—yet this important debate still struggles for traction in academia. In response, this paper continues the debate raised in this journal between Appel and Di Nucci, concurring with Appel’s proposals that sexual pleasure is a fundamental human right (...) and that access to sexual citizenship for the severely disabled should be publicly funded. To that endeavour, this paper refutes Di Nucci’s criticism of Appel’s sex rights for the disabled and shows how Di Nucci’s alternative solution is iniquitous. To advance the debate, I argue that a welfare-funded ‘sex doula' programme would be uniquely positioned to respond to the sexual citizenship issues of disabled persons. (shrink)

In a study of the kin investment of aunts and uncles we show that the laterality effect expected as a result of paternity uncertainty is statistically reliable but somewhat smaller than the sex effect. Matrilateral aunts invest significantly more than patrilateral aunts, and the same is true for uncles. Regardless of laterality, however, aunts invest significantly more than uncles. Multivariate controls show that the matrilateral bias is fully independent of any age or distance confounds that might result from sex differences (...) in age at marriage or dispersal. We discuss our results in relation to recent findings on the kin investment of grandparents (Euler and Weitzel 1996). In addition, we propose a simple method for estimating the level of paternity uncertainty from kin investment data; application of this method to our data on aunts and uncles suggests that between 13% and 20% of children are not the offspring of their putative father. Our parallel analyses of Euler and Weitzel’s (1996) data on grandparental investment suggest a similar estimate, that paternity uncertainty lies between 9% and 17%. (shrink)

Of the many Schoolmen who read the pseudo-Aristotelian Secretum secretorum in the thirteenth century, none was more enthusiastic about this book than Roger Bacon. So highly did Bacon regard the Secretum that he prepared a redaction of the text, annotated it, and wrote an accompanying introductory treatise. Historians have long recognized the importance of Bacon's confrontation with the Secretum, but they have also misunderstood it. They have wrongly divided up Bacon's Secretum project between two widely separated dates. They have left (...) unasked the capital question of why Bacon undertook this project. More generally, they have fundamentally misjudged the place of the Secretum in Bacon's intellectual biography. Consequently, there are several distortions and gaps in the picture of Bacon's career currently circulating that deserve our critical attention. (shrink)

The problem -- The text -- Inclinations -- Good -- Nature -- The will -- Ought -- Obligation -- Principles -- Action.

The reality of truth -- The reality of truth in a fallen world -- The reality of truth in the inerrant word -- The reality of truth in the written word -- The reality of truth in the exclusive Gospel -- The rejection of truth -- The rejection of truth by the first couple -- The rejection of truth by an unbelieving age -- The rejection of truth by a worldly church -- The rejection of truth in the Christian's life (...) -- The reign of truth -- The reign of truth in the expository pulpit -- The reign of truth in a believer's walk -- The reign of truth in the highest worship -- The reign of truth in the final judgment. (shrink)

The aim of this collection is not to reject evolutionary psychology but to open up new vistas which students and researchers can use to ensure that evolutionary ...

*Tackles the Thomistic debate surrounding the inherent good and evil of human actions*.

This essay is arranged in three sections. In the first I consider interaction problems that can frustrate maximizers. My object here is to add to the kind of case discussed by Gauthier, another in which maximizers would not do well. In the next section I set out conditions under which ‘straight’ or ordinary maximizers could avoid their problems as surely and as easily as could Gauthier's ‘constrained’ maximizers. And in the last section I comment on the relative merits of straight (...) and ‘constrained’ maximization. Attention here is paid first to the suggestion that straight maximizers in view of their problems would choose not to be straight maximizers, would indeed choose to be ‘constrained’ maximizers, and that this shows that there is something wrong with straight maximization. Rejecting this inference, I turn in conclusion to the idea that it follows from the ‘incompleteness’ of straight maximization, from the fact that it is not always possible, that there is something wrong with it. This inference too is rejected. (shrink)

The identity conception of truth holds that a thinkable is true just in case it is a fact. As such, it sets itself against correspondence theories of truth, while respecting the substantive role played by truth in respect of enquiry. In this article, I motivate and develop that view, and, in so doing, promote a particular conception of sense. This allows me to defend the view from two substantial criticisms. First, that the identity conception of truth is incoherent in respect (...) of its treatment of objects in the realm of reference, and, second, that it is committed to a view of the world in which ordinary objects have no place. (shrink)

The ability of the Society of Jesus to engage in a broad and enduring tradition of scientific activity is here addressed in terms of its programmatic commitment to the consolidation and extension of the Catholic confession and its mastery of the administrative apparatus necessary to operate long-distance networks. The Society's early move into two major apostolates, one in education and the other in the overseas missions, brought Jesuits into regular contact with the educated elites of Europe and at the same (...) time placed the Society's missionaries in remote parts of the natural world. The modes of organization of travel and communication required by the Society's long-distance networks not only facilitated scientific communication and collaboration within the order, it also provided Jesuits with the resources they needed to engage successfully in 'ministries among the learned'. Evidence of a sustained attempt by Jesuit authors to assume the role of Kulturträger is found in the several genres of scientific publications that dominate the Society's scientific corpus. Thus the Society's early recognition of the "apostolic value" of scientific publications in recruiting friends and allies among Europe's intellectual elites, I argue, allowed a robust interest in natural knowledge to emerge as a legitimate part of the Jesuit vocation. (shrink)

This book offers an original theory of adjudication focused on the ethics of judging in courts of law, and proposes two main theses. One is the good faith thesis, which defends the possibility of lawful judicial decisions even when judges exercise discretion. The other is the permissible discretion thesis, which defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together these two theses oppose both conservative theories that would restrict the scope (...) of adjudication unduly, and leftist critical theories that would liberate judges from the rule of law. (shrink)

Antimicrobial resistance is one of the greatest public health crises of our time. The natural biological process that causes microbes to become resistant to antimicrobial drugs presents a complex social challenge requiring more effective and sustainable management of the global antimicrobial commons—the common pool of effective antimicrobials. This special issue of Health Care Analysis explores the potential of two legal approaches—one long-term and one short-term—for managing the antimicrobial commons. The first article explores the lessons for antimicrobial resistance that can be (...) learned from recent climate change agreements, and the second article explores how existing international laws can be adapted to better support global action in the short-term. (shrink)

Both Pierre Duhem and his successors emphasized that medieval scholastics created a science of mechanics by bringing both observation and mathematical techniques to bear on natural effects. Recent research into medieval and early modern science has suggested that Aristotle's subalternate sciences also were used in this program, although the degree to which the theory of subalternation had been modified is still not entirely clear. This paper focuses on the English tradition of subalternation between 1310 and 1350, and concludes with a (...) discussion of the theory advanced by Thomas Claxton early in the fifteenth century. (shrink)

Suppose two players wish to divide a finite set of indivisible items, over which each distributes a specified number of points. Assuming the utility of a player’s bundle is the sum of the points it assigns to the items it contains, we analyze what divisions are fair. We show that if there is an envy-free (EF) allocation of the items, two other desirable properties—Pareto-optimality (PO) and Maximinality (MM)—can also be satisfied, rendering these three properties compatible. But there may be no (...) EF division, in which case some division must satisfy a modification of Bentham’s (1789/2017) “greatest satisfaction of the greatest number” property, called maximum Nash welfare (MNW), that satisfies PO. However, an MNF division may be neither MM nor EFX, which is a weaker form of EF. We conjecture that there is always an EFX allocation that satisfies MM, ensuring that an allocation is maximin, precisely the property that Rawls (1971/1999) championed. We discuss four broader philosophical implications of our more technical analysis. (shrink)