I am deeply indebted to Tom Hurka and David Copp for the careful attention they have given to some of the central motifs in The Moral Foundation of Rights. By doing their job so well they have simplified mine considerably. Their exposition of my views is a model of fairness and accuracy; I need therefore waste no time disclaiming attributions or complaining about misrepresentation. Furthermore, they have shown admirable resolve in choosing to ignore the book's relatively peripheral concerns, even (...) when these would have made easy targets. By adopting this policy of restraint they have helped to illuminate issues which, it seems to me, run to the very heart of moral/political theory. (shrink)

It has traditionally been assumed that organ donation must be altruistic, though the necessity of altruistic motivations has recently been questioned. Few, however, have questioned whether altruism is always a good motive. This paper considers the possibility that excessive altruism, or self-abnegation, may be intrinsically bad. How this may be so is illustrated with reference to Tom Hurka’s account of the value of attitudes, which suggests that disproportionate love of one’s own good—either excessive or deficient—is intrinsically bad. Whether or (...) not we accept the details of this account, recognising that altruistic motivations may be intrinsically bad has important implications for organ procurement. One possible response is to say that we should take further measures to ensure that donors have good motives—that they are altruistic is no longer enough. An alternative is to say that, since altruistic donation need not be intrinsically good, we have less reason to object to other motivations. (shrink)

Metaphysics-first approaches dominate the current literature in the epistemology of modality. According to metaphysics-firsters, metaphysical theses have an important role in the justification of modal epistemologies. For example, the thesis that essentialist truths constitute the metaphysical grounds of modal truths is meant to have an important role in the justification of essentialist modal epistemologies. In this article, we argue against this approach. We first pick up some of the groundwork on behalf of the metaphysics-firsters and explicitly spell out potential arguments (...) for their view. However, despite some initial plausibility, these arguments are ultimately found wanting. We conclude that the metaphysics-first approach lacks motivation and puts far too stringent demands upon modal epistemologists. (shrink)

The concept of the three domains of reality is widely used in empirical critical realist research. However, there has been little scrutiny of how the domains are conceptualized and what they contribute to critical realism and how they should be applied in empirical research. This paper involves four arguments. First, Tom Fryer and Cristián Navarrete argue that the three domains of reality are redundant, confusing, and unsupported by Bhaskar’s theorizing. Second, Dave Elder-Vass argues that the three domains schema embodies a (...) distinction between the actual and the non-actual real. Regardless of whether we call them domains we need to retain this distinction. Third, Tobin Nellhaus argues that there are several reasons to uphold the three domains, but ‘the empirical’ is flawed and must be enfolded within a more encompassing theory. Fourth, Ruth Groff argues that the metaphor of ontological stratification is a problem when readers take it literally, often misconstruing the actual metaphysical content that it is meant to capture. (shrink)

The question of whether we can perceive absences, in addition to ‘positives’, has received recent attention in the literature on the nature of vision and audition. The aim is to demonstrate that there can be objectless forms of perceptual consciousness; specifically, to show that such episodes can be distinguished from those in which there is merely no perception at all. The current article explores this question for the domain of olfaction, and argues that there can be experiences of the absence (...) of odours, in addition to positive smell perception. Doing so sheds light upon the structure and spatial content of olfaction. (shrink)

This volume will collect Tom Beauchamp's 15 most important published articles in bioethics, most of which were published over the last 25 years, and most of ...

The aim of this paper is to begin a conversation about how we read and write about Nietzsche and, related to this, other figures in the history of philosophy. The principle of charity can appear to be a way to bridge two dif-ferent interpretative goals: getting the meaning of the text right and offering the best philosophy. I argue that the principle of charity is multiply ambiguous along three different dimensions, which I call “unit,” “mode,” and “strength”: consequently, it is (...) not a single, neutral or independent principle to which we can helpfully appeal and it cannot, in itself, perform this bridging function. Nietzsche, I suggest, is particularly ill suited to some forms of charitable reading. I compare charity to what I call “misreporting” a philosopher’s words, in order to highlight some problematic structural similarities. Finally, I assess what charity might be doing instead, if it is not intended to bridge meaning and best philosophy. (shrink)

We argue that abduction does not work in isolation from other inference mechanisms and illustrate this through an inference scheme designed to evaluate multiple hypotheses. We use game theory to relate the abductive system to actions that produce new information. To enable evaluation of the implications of this approach we have implemented the procedures used to calculate the impact of new information in a computer model. Experiments with this model display a number of features of collective belief-revision leading to consensus-formation, (...) such as the influence of bias and prejudice. The scheme of inferential calculations invokes a Peircian concept of ‘belief’ as the propensity to choose a particular course of action. (shrink)

Though nominally exercised on behalf of private citizens, constitutional judicial review does perform an insurance function for politicians who expect to lose power in future elections. This paper discusses the various dimensions of institutional design of constitutional courts and argues that the extent and power of judicial review can be expected to increase relative to the degree of political uncertainty at the time of constitutional design. The paper then develops a simple empirical test of this hypothesis using data from Eastern (...) Europe, regressing measures for various aspects of court design on the strength of the largest party in the legislature. The paper shows that the design of constitutional courts reflects the interests of the dominant political parties and that independent and powerful courts are associated with situations of divided or deadlocked politics. (shrink)

The tenth volume of Bruce Kirmmse et al.’s monumentous task of translating Søren Kierkegaard’s journals and notebooks follows the same conventions as previous ones. Each of Kierkegaard’s journals i...

The COVID-19 pandemic has highlighted the significance of the politics of health as an ongoing interpretative event. The effectiveness of delivering prevention strategies is in negotiation with day-to-day arguments in the public sphere, not just by “experts” in peer-reviewed papers, but also in the everyday interpretations and discussions of available expertise on print and digital media platforms. In this paper I explore ae particular facet of these public debate over the politics of health: the deployment of the commonplace of stupidity. (...) I argue that the growth of this commonplace within discussion is rooted in particular models of interpretation which limit self-understanding, by over-emphasising certain points of significance within the interpretative horizon over more banal aspects that are, nevertheless, influential on health interventions. (shrink)

For all its apparent debate bioethical discourse is in fact very narrow. The discussion that occurs is typically within limited parameters, rarely fundamental. Nor does it accommodate divergent perspectives with ease. The reason lies in its ideology and the political and economic perspectives that ideology promotes. Here the ideology of bioethics' fundamental axioms is critiqued as arbitrary and exclusive rather than necessary and inclusive. The result unpacks the ideological and political underpinnings of bioethical thinking and suggests new avenues for a (...) broader debate over fundamentals, and a different approach to bioethical debate. (shrink)

This study examines how mainstream political actors and other organizations use political targeted messages. For this purpose, a data set from ProPublica is used. The study examines 55,918 sponsored Facebook ads that were posted by 236 political actors (i.e., political elites and other organizations) in the United States. (1) Topic classification was used to identify policy issues, (2) network analysis to identify the main policy issues from the various political actors, and (3) Sankey diagrams to visualize microtargeted messages. Our findings (...) indicate that actors focus on traditionally owned issues (i.e., the Democratic Party: environmental policy, social issues, and social welfare; the Republican Party: foreign affairs, law, and government finances). No clear evidence for a focus on wedge issues can be found, however, some first indications (e.g., a focus on reproductive rights, LGBTQ+) are present in a targeted media environment. All in all, the current study helps us to understand in what way political actors deploy targeted messages. (shrink)

What if thought freed itself from common sense and decided to think only at the extreme point of its singularity? What if it mischievously practiced the bias of paradox, instead of complacently accepting its citizenship in the doxa? What if it thought difference differentially, instead of searching out the common elements underlying difference?1.

Two rival paradigms permeate bioethics. One generally favors eugenics, euthanasia, assisted suicide and other methods for those with severely restricting physical and cognitive attributes. The other typically opposes these and favors instead ample support for "persons of difference" and their caring families or loved ones. In an attempt to understand the relation between these two paradigms, this article analyzes a publicly reported debate between proponents of both paradigms, bioethicist Peter Singer and lawyer Harriet McBryde Johnson. At issue, the article concludes, (...) are two distinct axiomatic sets of values resulting in not simply different styles of rhetoric but different vocabularies, in effect two different languages of ethics. (shrink)

There can be no doubt that discrimination based on sex, race, ethnicity, religion or beliefs should not be tolerated in academia. Surprisingly, however, in recent years, policies of Diversity, Inclusion and Equity(DIE), officially introduced to counteract discrimination, have increasingly led to quite the opposite result: the exclusion of individuals who do not share a radical 'woke' ideology on identity politics (feminism, other gender activisms, critical race theory, etc.), and to the suppression of the academic freedom to discuss such dogmas. This (...) subversion of academia ― disguised Trojan-horse style as universal human rights advocacy ― is unacceptable because academia must be politically neutral and protect freedom of speech, a cornerstone of professional scholarly activity without which universities as we know them will slowly but surely suffocate. -/- Our purpose here is to put together some particularly illustrative cases of such repression in a single book, testifying to a ubiquitous trend within western culture, irreducible to a few isolated complaints. The essays contained here illustrate the abuse of power, censorship and witch-hunts at many universities and research centres in the name of DIE. -/- List of coauthors in alphabetical order: Dorian Abbot, Tomonori Agoh, Gerhard Amendt, Ivar Arpi, David Benatar, Peter Boghossian, Civitas Research Team, David Díaz Pardo de Vera, Pedro Domingos, Janice Fiamengo, Étienne Forest, Jorge Gibert Galassi, Norman Goldstuck, José L. González Quirós, Lawrence M. Krauss, Patrick LaBelle, Martín López Corredoira, Heather Mac Donald, Martin Malmgren, Erik. J. Olsson, Jordan Peterson, Constantin Polychronakos, Philip C. Salzman, Alessandro Strumia, Tom Todd, Andrei Yafaev. (shrink)

The electoral scene in the period from 133 to 129 b.c.e. was doubtless unpredictable, even in the centuriate assembly, and any prosopographical modelling based on the available data would be adventurous. The report that Appius Claudius Pulcher (cos. 143 and bitter opponent to Scipio Aemilianus) ran in 133 for a second consulship is not implausible, and the possibility of a thwarted candidature, whatever its duration and the reason for its termination, should be registered. The successful candidates were P. Popillius Laenas (...) and P. Rupilius, the latter a close associate of Scipio. The unsuccessful consular candidacy of Rupilius’ brother Lucius should be dated to 132, 131 or 130. The elimination of the first of those options by F.X. Ryan (CQ 45 [1995], 263–5) is challenged. (shrink)

Marx’s theory of ground rent has been widely used to help understand the trinity of land, labor, and capital. However, limited attention has been paid to the role of water within the Marxian rent framework. This lack of attention proves troubling due to the role of surface waters as an essential means of production throughout capitalism. Here I restate Marxian ground rent in the form of water rent and discuss the function of water-rent in the two dominant surface water rights (...) doctrines of the United States—the riparian doctrine and the doctrine of prior appropriation. In doing so, I revise the distinction between differential rent 1 and differential rent 2 to provide more analytically useful categories. Paying special attention to issues of drought and scarcity, I fully articulate the function of Marxian rent and its four forms for both surface water rights doctrines, while clearly stating where they do and do not differ. (shrink)

Recent simulation studies have pointed to the higher power of the test for the mediated effect vs. the test for the total effect, even in the presence of a direct effect. This has motivated applied researchers to investigate mediation in settings where there is no evidence of a total effect. In this paper we provide analytical insight into the circumstances under which higher power of the test for the mediated effect vs. the test for the total effect can be expected (...) in the absence of a direct effect. We argue that the acclaimed power gain is somewhat deceptive and comes with a big price. On the basis of the results, we recommend that when the primary interest lies in mediation only, a significant test for the total effect should not be used as a prerequisite for the test for the indirect effect. However, because the test for the indirect effect is vulnerable to bias when common causes of mediator and outcome are not measured or not accounted for, it should be evaluated in a sensitivity analysis. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:36. A DISCUSSION ON PERSONAL IDENTITY Jane L. Mclntyre's original paper "Is Hume's Self Consistent?" was presented at the MoGiIl Hume Conference; it will be published in the forthcoming volume devoted to those preceedings. Tom Beauchamp" s paper is presented here as delivered. John Biro's paper has been revised since its original presentation. 37. SELF INCONSISTENCY OR MERE SELF PERPLEXITY? Professor Mclntyre's imaginative and constructive paper has three primary (...) parts (despite its division into six sections). First, she offers an interpretation of Hume's view of the self in Book I of the Treatise. Second, she explains why his own reservations in the Appendix create problems not only for this theory of self identity but for other parts of his philosophy as well. Finally, she tries to ease him out of these difficulties with her overlap interpretation of the bundle theory. My comments follow exactly this outline, though my conclusions, for the most part, do not coincide with hers. My reservations do not derive from her attempt to render Hume consistent. Rather, I question the foundations of the entire enterprise in which she, Robison, Nathanson, et. al. are engaged. That is, I remain unconvinced that the alleged problem, as presently framed, is more than a pseudo-problem. I. Hume's Theory in Book I In Book I Hume offers a variety of arguments about the nature of the self, most of which rely on other theories, such as those of causation, the association of ideas, and substance. Whatever the exact arguments and positions he may be advancing, at least the following six propositions are integral to his theory of personal identity: 1)The self is entirely reducible to a collection of perceptions. 2)The self is not characterized by strict identity. 3)There is nothing simple in which the collection of perceptions inheres. 4)Both identity and simplicity are attributed to the self because of relations between perceptions--the relations of causation and resemblance. 5)The relations of resemblance and causation unite these perceptions. 38. 6) There are no real (non-associational) connections or relations among these perceptions which unite them. Half of these six claims are critical denials of other philosophical claims; the other half are constructive philosophical theories. Hume's entire philosophical program in Book I is tied up with these claims. The criticisms are directed at numerous metaphysical theories of mind, substance and causation; and the constructive account of personai identity requires his theories of perception and association of ideas. I mention these obvious points only because it is so important to note that if_ the interpretation is correct which Professor Mclntyre and others give to (roughly) five sentences in the Appendix, where Hume mentions a possible inconsistency, then Hume is not only questioning his theory of personal identity in Book I, he is calling Book I itself into question. To be convinced that this strikingly implausible turnabout occurs in five sentences of the Appendix, we must be given a most compelling argument—one which I doubt is forthcoming. II. Hume's Alleged Inconsistency The alleged problem of inconsistency arises because Hume says in the Appendix that he does not know how to render his own former opinions consistent (T633, 636). However, when he comes to a formal statement of the inconsistency, as everyone is agreed, the propositions said to be inconsistent are not inconsistent. In the attempt to grasp Hume's meaning, a general consensus has emerged in recent Hume scholarship, including Professor Mclntyre in its company, that we ought both to move backward and forward a sentence or two in Hume's text. Hume says in those passages that his hopes for his theory are diminished because he is unable to explain the principles, that unite our successive perceptions in our thought or consciousness (T636) ; and he then indicates that i_f perceptions could be shown to inhere in something simple or to be really connected, these prob- 39. lems would vanish. It is this textual setting which Robison, Nathanson, and Professor Mclntyre turn into the claim that "the concept of a self which is affected by experience, and therefore must persist through experience— is precisely the concept of the self that... (shrink)

An introduction to functionalism in the philosophy of psychology/mind, and review of the current state of debate pro and con. Forthcoming in the Routledge Companion to the Philosophy of Psychology (John Symons and Paco Calvo, eds.).

In lieu of an abstract, here is a brief excerpt of the content:The Mettle of Moral Fundamentalism: A Reply to Robert Baker*Tom L. Beauchamp (bio)AbstractThis article is a reply to Robert Baker’s attempt to rebut moral fundamentalism, while grounding international bioethics in a form of contractarianism. Baker is mistaken in several of his interpretations of the alleged moral fundamentalism and findings of the Advisory Committee on Human Radiation Experiments. He also misunderstands moral fundamentalism generally and wrongly categorizes it as morally (...) bankrupt. His negotiated contract model is, in the final analysis, itself a form of the moral fundamentalism he declares bankrupt.Robert baker’s imaginative and incisive articles on international bioethics (Baker 1998a & b) are rich in history and philosophy, but they are as profoundly misguided as they are misdirected. In this comment, I will concentrate both on a pivotal interpretation and criticism that he offers of the Report of the Advisory Committee on Human Radiation Experiments (ACHRE 1996) and on his philosophical thesis that a moral fundamentalism of principles and rights is bankrupt. Baker seriously misinterprets the ACHRE report, distorts and fails to refute moral fundamentalism, and ultimately embraces a form of the very fundamentalism that he declares bankrupt. These three topics are connected in that Baker’s misconceptions of the ACHRE report launch his critique of moral fundamentalism and his mistaken understanding of moral fundamentalism drives his critique of the ACHRE report. 1 [End Page 389]Some Misunderstandings of the Human Radiation CommitteeBaker proclaims a conflict between ACHRE’s moral fundamentalism and multiculturalism. He presents this conflict as primarily a factual issue regarding whether different cultures and eras accept different moral principles—“the difference claim,” in his vernacular (Baker 1998a, pp. 208–9). This interpretation eventuates in a critique of the work of both ACHRE and Ruth Macklin:[W]hen Macklin and the Radiation Committee consider the challenge of multiculturalism, they construe this challenge, not as dispute about anthropological fact, but as a dispute about philosophical theory. More specifically, they treat any assertion of the difference claim as a form of “ethical relativism.”... They thus respond to the multiculturalist’s factual observations—even to factual observations by anthropologists—as if they were philosophical analyses.(Baker 1998a, p. 209)Baker thinks that a factual question has been fallaciously transformed into a philosophical one. However, this false dilemma is a figment of his fancy. He provides no citation to ACHRE to show that it holds this view, and for an understandable reason: This position is neither stated nor presumed in the Report. ACHRE is quite clear that relativism involves both an anthropological (I would prefer to say historical) dispute about fact and a philosophical dispute about value—and that they are not the same.The Committee and its staff proceeded as follows: They first collected a large body of historical documents and facts about the practices, policies, and values that prevailed during the period they were studying. Chapters 1 through 3 and 5 through 13, 12 of the Report’s 18 chapters, display the results of this empirical work. The Committee concluded, on this basis, that research investigators and government officials were aware of the obligations generated by universal principles. The ACHRE report specifically lists six “basic” moral principles and maintains that these principles were pervasively recognized at the time of the radiation experiments (ACHRE 1996, pp. 114ff, 124). ACHRE received testimony, conducted interviews, and compiled documents that indicated how deeply these principles were woven into the fabric of American culture at the time, so deeply that no responsible research investigator could have been unaware of them. ACHRE did not move beyond its list of six principles to a broader thesis about the (factual) universality of other principles and did not examine other cultures or periods of history; such work would [End Page 390] have exceeded ACHRE’s mandate and would have done more to obscure than to further its arguments.ACHRE also found that some government officials had attempted to hide their wrongdoing—a clear indication that these officials were aware of the relevant moral principles and knew that they should not have been treating persons as they did (ACHRE 1996, pp. 152–53; Chapman 1946). These factual findings were not armchair philosophy or empirical guesswork... (shrink)

The great German philosopher and aesthetic theorist Theodor Wiesengrund Adorno was one of the main philosophers of the first generation of the Frankfurt School of critical theory. An accomplished musician, Adorno first focused on the theory of culture and art. Later he turned to the problem of the self-defeating dialectic of modern reason and freedom. In this collection of essays, imbued with the most up-to-date research, a distinguished roster of Adorno specialists explore the full range of his contributions to philosophy, (...) history, music theory, aesthetics and sociology. New readers will find this the most convenient and accessible guide to Adorno currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Adorno. (shrink)

Featuring a new code of ethics for journalists and essays by 14 journalism thought leaders and practitioners, The New Ethics of Journalism: Principles for the 21st Century, by Kelly McBride and Tom Rosenstiel, examines the new pressures brought to bear on journalism by technology and changing audience habits. It offers a new framework for making critical moral choices, as well as case studies that reinforce the concepts and principles rising to prominence in 21st century communication. The book addresses the unique (...) problems facing journalism today, including how we arrive at truth in an era of abundant and unverified information; the evolution of new business models and partnerships; the presence of journalists on independent social media platforms; the role of diversity; the meaning of stories; the value of images; and the role of community in the production of journalism. (shrink)

Featuring a new code of ethics for journalists and essays by 14 journalism thought leaders and practitioners, The New Ethics of Journalism: Principles for the 21st Century, by Kelly McBride and Tom Rosenstiel, examines the new pressures brought to bear on journalism by technology and changing audience habits. It offers a new framework for making critical moral choices, as well as case studies that reinforce the concepts and principles rising to prominence in 21st century communication. The book addresses the unique (...) problems facing journalism today, including how we arrive at truth in an era of abundant and unverified information; the evolution of new business models and partnerships; the presence of journalists on independent social media platforms; the role of diversity; the meaning of stories; the value of images; and the role of community in the production of journalism. (shrink)

In England and Wales, Section 15 of the Sexual Offences Act criminalizes the act of meeting a child—someone under 16—after grooming. The question to be pursued in this paper is whether grooming—I confine myself to online grooming—is justly criminalized. I shall argue that it is. One line of thought will be indirect. I shall first try to rebut a general argument against the criminalization of acts that are preparatory to the commission of serious offences. Grooming is one such act, but (...) there are others, sometimes associated with terrorism. According to me, the general argument misapplies certain considerations about autonomy that are alleged to be in force in other areas of criminal law. Contrary to that general argument, criminalization of preparatory acts does not, in general, bypass the agency of citizens. Moreover, the criminalization of preparatory acts can disrupt activity that would have led to very serious crime, and with relatively low costs to the perpetrators, costs that reflect the non-occurrence of the more serious crime. There is evidence that grooming is harmful in itself, and so another point against the general argument is its assumption that preparatory offences are often harmless or at least victimless. There are objections to some of the undercover policing techniques that lead to a Section 15 prosecution, but these objections are not all weighty. (shrink)

Notions of the cosmos are deep-rooted in human consciousness. They are expressed in our earliest monumental constructions as explanations of the world around us and in the practices of many indigenous peoples. Here we examine the physical cosmos from the perspective of life on Earth. We note a central importance for the Earth in the vastness of space, as a planetary oasis for a highly complex and long-lived biosphere, one now being fundamentally altered by humans. We refer to other notions (...) of the cosmos that may enable us to navigate a better path for life in the Anthropocene. (shrink)

Offers possible solutions to such medical dilemmas as who should receive organ transplants.