International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and (...) institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions. (shrink)

In this edition, two recent addresses in the CAPPE public lecture program are presented in full. Dr Barry Jones asks how complex issues are tackled in public life, and what role the pursuit of truth and objectivity plays in these important debates; his assessment is not positive. Professor Peter Newman argues that, amidst the public debate on climate change and resource degradation, there has been little discussion of peak oil and the grave threats it poses. In his article, Professor Newman (...) explains what peak oil is, the dangers involved and what we can do to avert them. Also in this edition, Professor Tony Coady offers a new analysis of terrorism and why it is wrong, as well as the moral dangers posed by recent counter-terrorist activity. (shrink)

Counters the long-standing, solemn interpretation of Plato’s dialogues with one centered on the philosophical and pedagogical significance of Socrates as a comic figure. Plato was described as a boor and it was said that he never laughed out loud. Yet his dialogues abound with puns, jokes, and humor. Sonja Madeleine Tanner argues that in Plato’s dialogues Socrates plays a comical hero who draws heavily from the tradition of comedy in ancient Greece, but also reforms laughter to be applicable to (...) all persons and truly shaming to none. Socrates introduces a form of self-reflective laughter that encourages, rather than stifles, philosophical inquiry. Laughter in the dialogues—both explicit and implied—suggests a view of human nature as incongruous with ourselves, simultaneously falling short of, and superseding, our own capacities. What emerges is a picture of human nature that bears a striking resemblance to Socrates’ own, laughable depiction, one inspired by Dionysus, but one that remains ultimately intractable. The book analyzes specific instances of laughter and the comical from the Apology, Laches, Charmides, Cratylus, Euthydemus, and the Symposium to support this, and to further elucidate the philosophical consequences of recognizing Plato’s laughter. Sonja Madeleine Tanner is Associate Professor of Philosophy at the University of Colorado, Colorado Springs, and the author of In Praise of Plato’s Poetic Imagination. (shrink)

What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional (...) concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding. (shrink)

In this paper I will examine two responses to the argument from marginal cases; the argument from kinds and the similarity argument. I will argue that these arguments are insufficient to show that all humans have moral status but no animals do. This does not prove that animals have moral status but it does shift the burden of proof onto those who want to maintain that all humans are morally considerable, but no animals are.

If we are going to treat other species so very differently from our own — killing, eating and experimenting on pigs and sheep, for example, but never human beings — then it seems we need to come up with some morally relevant difference between us and them that justifies this difference in treatment. Otherwise it appears we are guilty of bigotry (in just the same way that someone who discriminates on the basis of race or sex is guilty of bigotry). (...) But what is this morally relevant difference? Julia Tanner's article examines, and rejects, some of the most popular answers to this question. -/- . (shrink)

A set of qubit channels has a classical representation when it is isomorphic to the convex closure of a group of classical channels. From Crowder and Martin (Proceedings of Quantum Physics and Logic, Electronic Notes in Theoretical Computer Science, 2009), we know that up to isomorphism there are five such sets, each corresponding to either a subgroup of the alternating group on four letters, or a subgroup of the symmetric group on three letters. In this paper, we show that the (...) classical representation of a qubit channel also carries its information theoretic data—in particular, both the Holevo capacity and the scope of a unital qubit channel can be completely calculated from a systematically determined classical channel. (shrink)

This paper attempts to demonstrate Max Scheler’s anticipation of and continued relevance to a burgeoning trend of essence-based accounts of modality, chief among them being Kit Fine’s landmark 1994 “Essence and Modality.” I argue that Scheler’s account of the material a priori not only anticipates the picture of essence-based modality suggested by Fine, but moreover offers resources with the potential to resolve key challenges for the Finean program. In particular, Fine’s account runs into problems in explaining how formal logical necessities (...) are to be grounded in essences, challenges that put pressure on the essentialist to adopt a non-propositional account of the nature of logical principles. I argue that one such account can be found in Scheler’s notion of the material a priori, according to which all necessary propositional truth is grounded in a realm of experientially given yet a priori "phenomenological facts." After showing the general rapprochement between Scheler’s and Fine’s accounts of regional modality, I then turn to address Scheler’s attempt to ground formal logical principles in essences. On Scheler’s picture, propositions expressing formal logical truths are true in virtue of the domain of essences in two senses: In terms of what Scheler calls objective necessity, they are true insofar as they coincide with the essential facts and interconnections shared by all possible regions of being; In terms of what he calls subjective necessity, they are true in virtue of these same essential facts and interconnections insofar as they have become “functionalized” into law-like patterns of cognition. (shrink)

All else being equal, can granting the objective purport of moral experience support a presumption in favor of some form of moral objectivism? Don Loeb (2007) has argued that even if we grant that moral experience appears to present us with a realm of objective moral fact—something he denies we have reason to do in the first place—the objective purport of moral experience cannot by itself provide even prima facie support for moral objectivism. In this paper, I contend against Loeb (...) that granting the objective purport of ordinary moral experience is sufficient to support a defeasible presumption in favor of moral objectivism, and this by constituting non-explanatory, comparative confirmation that incrementally raises the prima facie likelihood that moral facts exist. More specifically, I appeal to a modest confirmation principle shared by Likelihoodists and Bayesieans - namely, the Weak Law of Likelihood - in an effort to show that (i) at a minimum, moral experience establishes a middling scrutable probability for a sufficient but not necessary condition of moral objectivism being true, and that (ii) this moderate probability in turn constitutes evidence that makes it prima facie more probable than not that some form of moral objectivism is true. (shrink)

Referred to as “a foundational concept” of bioethics, personhood has long figured prominently in discussions of entities’ moral status and attendant rights and duties (Farah and Heberlein 2007, 39)...

Some philosophers (such as Kant and Rawls) think it is only wrong to be cruel to cats because it will make one behave cruelly to humans. This explanation is unsatisfactory. Why? Because being cruel to your cat is a direct wrong to your cat regardless of the effects it has on other humans. Ascribing the wrongness of cruelty to the fact it will make one callous to other humans is to assess the character of the cruel person not the act (...) they are performing. Cruelty to your cat is wrong because it wrongs your cat directly. (shrink)

Proponents of the argument from regress maintain that the existence of Instrumental Value is sufficient to establish the existence of Intrinsic Value. It is argued that the chain of instrumentally valuable things has to end somewhere. Namely with intrinsic value. In this paper, I shall argue something a little more modest than this. I do not want to argue that the regress argument proves that there is intrinsic value but rather that it proves that the idea of intrinsic value is (...) a necessary part of our thinking about moral value. (shrink)

Some may doubt whether the question of equality of opportunity applies to women anymore. In most Western countries every career is now, in theory, open to women. Firstly, while this may be true in Western countries, it is not true in others; there are still many careers barred to women outside the West. However, affirmative action is not a remedy where women are barred from given careers, for in such cases the principle of equality of opportunity has been rejected. Rather, (...) affirmative action is a measure for achieving equality of opportunity. (shrink)

William James called his classic work, The Varieties of Religious Experience, "a study in human nature." This volume recognizes that a fundamental feature of human nature for James is that we have a conscious and a subconscious mind and that the subconscious mind is deeply implicated in the religious life, especially in conversion and other experiences of spiritual enlightenment. In this volume, Capps addresses religious melancholy, the divided self and discordant personality, religious conversion, the saintly character, and the prayerful (...) consciousness. In addition, the cases of two clergymen--one deeply troubled, the other exemplary of the spiritual person--are also presented. A brief discussion of James's view of religion as the generator of hope concludes this introduction to his insights into the religious life. Given that James was a popular writer in his own day, this book is intended to make his insights accessible to general readers. (shrink)

Johnson and Degeling have recently enquired whether one health requires a comprehensive normative framework, concluding that such a framework, while not necessary, may be helpful. In this commentary, we provide a context for this debate, and describe how pragmatism has been predominant in the OH literature. We nevertheless argue that articulating a comprehensive normative theory to ground OH practice might clear existing vagueness and provide stronger guidance in relevant health dilemmas. A comprehensive theory will also be needed eventually to ground (...) notions such as universal good. We, thus, call for the systematic articulation of a comprehensive, metaethical theory, concomitantly with already ongoing normative work. (shrink)

Reasonableness, thy Name is Nature: A review of John Finnis, Natural Law & Natural Rights by Andr?s Rosler.

Most people take it for granted that it's morally permissible to have children. They may raise questions about the number of children it's responsible to have or whether it's permissible to reproduce when there's a strong risk of serious disability. But in general, having children is considered a good thing to do, something that's morally permissible in most cases (perhaps even obligatory).

The principles of biomedical ethics – autonomy, non-maleficence, beneficence, and justice – are of paradigmatic importance for framing ethical problems in medicine and for teaching ethics to medical students and professionals. In order to underline this significance, Tom L. Beauchamp and James F. Childress base the principles in the common morality, i.e. they claim that the principles represent basic moral values shared by all persons committed to morality and are thus grounded in human moral psychology. We empirically investigated the relationship (...) of the principles to other moral and non-moral values that provide orientations in medicine. By way of comparison, we performed a similar analysis for the business & finance domain. (shrink)

Modern theorists often use Immanuel Kant's work to defend the normative primacy of human rights and the necessity of institutionally autonomous forms of global governance. However, properly understood, his law of nations describes a loose and noncoercive confederation of republican states. In this way, Kant steers a course between earlier natural lawyers such as Grotius, who defended just-war theory, and visions of a global unitary or federal state. This substantively mundane claim should not obscure a more profound contribution to the (...) science of international law. Kant demonstrates that his concept of law forms part of a logical framework by which to ascertain the necessary institutional characteristics of the international legal order. Specifically, his view is that the international legal order can only take a noncoercive confederated form as its subjects become republican states and that in these circumstances law can exist without a global state. Put another way, Kant argues that if we get state-building right, the law of nations follows. CN - 58005245. (shrink)

The punishment of social misconduct is a powerful mechanism for stabilizing high levels of cooperation among unrelated individuals. It is regularly assumed that humans have a universal disposition to punish social norm violators, which is sometimes labelled “universal structure of human morality” or “pure aversion to social betrayal”. Here we present evidence that, contrary to this hypothesis, the propensity to punish a moral norm violator varies among participants with different career trajectories. In anonymous real-life conditions, future teachers punished a talented (...) but immoral young violinist: they voted against her in an important music competition when they had been informed of her previous blatant misconduct toward fellow violin students. In contrast, future police officers and high school students did not punish. This variation among socio-professional categories indicates that the punishment of norm violators is not entirely explained by an aversion to social betrayal. We suggest that context specificity plays an important role in normative behaviour; people seem inclined to enforce social norms only in situations that are familiar, relevant for their social category, and possibly strategically advantageous. (shrink)

A prevailing issue in clinical research is the duty clinicians have to treat or prevent the progression of disease during a study that they are conducting. While all clinical researchers have a duty of care for the patients who participate in clinical research, intervening at the onset or progression of disease may skew results and have a negative impact on the scientific validity of a study. Extreme examples of failures to intervene can be found in the Tuskegee syphilis study and (...) in an attempt to determine if cervical smears were an accurate predictor of cancer, which was uncovered by the Cartwright Inquiry. However, the issue arises in all research where delay in intervention can cause harm. A current study in Singapore is investigating the significance of an ‘ultra-high risk’ state that may constitute the prodromal phase of psychosis. This project called ‘The Longitudinal Youth at Risk Study’ is potentially contentious because it is recruiting young people who are identified as being ‘at risk’ of developing psychosis. In this paper, the decision to offer treatment to all participants as well as a fast track for those who are assessed to have developed serious mental illness into treatment is discussed. It is argued that this approach is ethically justified because of the duty of care that is owed to research participants, and suggests that the principle of equipoise may be used to guide intervention decisions in other clinical research protocols. (shrink)

Harrison and Tanner argue that having children is morally wrong.

The 2013 Ebola virus outbreak in West Africa, as of writing, is declining in reported human cases and mortalities. The resulting devastation caused highlights how health systems, in particular in West Africa, and in terms of global pandemic planning, are ill prepared to react to zoonotic pathogens. In this paper we propose One Health as a strategy to prevent zoonotic outbreaks as a shared goal: that human and Great Ape vaccine trials could benefit both species. Only recently have two phase (...) 2/3 Ebola human vaccine trials been started in West Africa. This paper argues for a conceptual change in pandemic preparedness. We first discuss the ethics of One Health. Next, we focus on the current Ebola outbreak and defines its victims. Third, we present the notion of a ‘shared benefit’ approach, grounded in One Health, and argue for the vaccination of wild apes in order to protect both apes and humans. We believe that a creation of such inter-species immunity is an exemplar of One Health, and that it is worth pursuing as a coextensive public health approach. (shrink)