The two main psychological theories of the ordinary conditional were designed to account for inferences made from assumptions, but few premises in everyday life can be simply assumed true. Useful premises usually have a probability that is less than certainty. But what is the probability of the ordinary conditional and how is it determined? We argue that people use a two stage Ramsey test that we specify to make probability judgements about indicative conditionals in natural language, and we describe experiments (...) that support this conclusion. Our account can explain why most people give the conditional probability as the probability of the conditional, but also why some give the conjunctive probability. We discuss how our psychological work is related to the analysis of ordinary indicative conditionals in philosophical logic. (shrink)

There is wide support in logic, philosophy, and psychology for the hypothesis that the probability of the indicative conditional of natural language, P(if A then B), is the conditional probability of B given A, P(B|A). We identify a conditional which is such that P(if A then B)=P(B|A) with de Finetti's conditional event, B|A. An objection to making this identification in the past was that it appeared unclear how to form compounds and iterations of conditional events. In this paper, we illustrate (...) how to overcome this objection with a probabilistic analysis, based on coherence, of these compounds and iterations. We interpret the compounds and iterations as conditional random quantities which, given some logical dependencies, may reduce to conditional events. We show how the inference to B|A from A and B can be extended to compounds and iterations of both conditional events and biconditional events. Moreover, we determine the respective uncertainty propagation rules. Finally, we make some comments on extending our analysis to counterfactuals. (shrink)

Two experiments using a realistic version of the selection task examined the relationship between participants' probability estimates of finding a counter example and their selections. Experiment 1 used everyday categories in the context of a scenario to determine whether or not the number of instances in a category affected the estimated probability of a counter-example. Experiment 2 modified the scenario in order to alter participants' estimates of finding a specific counter-example. Unlike Kirby 1994a, but consistent with his proposals, both studies (...) showed that probability estimates significantly predicted selection. Overall results point to the value of understanding selections in terms of their subjective expected utility. (shrink)

: The two main psychological theories of the ordinary conditional were designed to account for inferences made from assumptions, but few premises in everyday life can be simply assumed true. Useful premises usually have a probability that is less than certainty. But what is the probability of the ordinary conditional and how is it determined? We argue that people use a two stage Ramsey test that we specify to make probability judgements about indicative conditionals in natural language, and we describe (...) experiments that support this conclusion. Our account can explain why most people give the conditional probability as the probability of the conditional, but also why some give the conjunctive probability. We discuss how our psychological work is related to the analysis of ordinary indicative conditionals in philosophical logic. (shrink)

The currently burgeoning discussions on ‘socio-ecological resilience’ tend to mask the power relations, contradictions of interest, and inequalities that to a large extent determine how humans utilize the surface of the Earth. Resilience theory has the potential to radically confront such power structures by identifying some of the basic assumptions of economics as the very source of vulnerability, mismanagement, and crises. It has every reason to critically scrutinise the operation of general-purpose money, the global market, and neoliberal ideology. The ultimate (...) implications of resilience theory, in other words, are vastly more radical and subversive than its current proponents imagine. A strategy to enhance socio-ecological resilience would be to distinguish local from global economic scales by employing separate currencies for the two levels. Proponents of resilience theory are advised to engage more respectfully with social science, particularly its understandings of culture and power. Upon doing so, they would find the idea of a bi-centric economy, as sketched in this article, entirely consistent with the fundamental insights of resilience theory. (shrink)

I develop a view of perception that does justice to Price's intuition that all sensory experience acquaints us with sensible qualities like colour and shape. Contrary to the received opinion, I argue that we can respect this intuition while insisting that ordinary perception puts us in direct contact with the mind-independent world. In other words, Price's intuition is compatible with naïve realism. Both hallucinations and ordinary perceptions acquaint us with instances of the same kinds of sensible qualities. While the instances (...) in hallucination are mind-dependent, those in veridical perception are not. The latter are ontologically over-determined —they have their existence guaranteed both in virtue of having a material bearer and in virtue of being perceived by a mind. Such over-determined instances are mind-independent—they can continue to exist unperceived, because, in addition to the minds that perceive them, their existence is guaranteed by the material objects that are their bearers. (shrink)

A popular strategy for meeting over-determination and pre-emption challenges to the comparative counterfactual conception of harm is Derek Parfit’s suggestion, more recently defended by Neil Feit, that a plurality of events harms A if and only if that plurality is the smallest plurality of events such that, if none of them had occurred, A would have been better off. This analysis of ‘harm’ rests on a simple but natural mistake about the relevant counterfactual comparison. Pluralities fulfilling these conditions (...) make no difference to the worse for anyone in the over-determination cases that prompted the need for revising the comparative conception of harm to begin with. We may choose to call them harmful anyway, but then we must abandon the idea that making a difference to the worse for someone is essential to harming. I argue that we should hold on to the difference-making criterion and give up the plural harm principle. I offer an explanation of why Parfit’s and Feit’s plural harm approach seems attractive. Finally, I argue that the consequences of giving up the plural harm principle and holding on to the simple comparative counterfactual analysis of harm are less radical than we may think, in relation to questions about wrongness and responsibility. (shrink)

The suicidality hypothesis could be applied to other situations, such as cases in regular military organizations or in “terrorist” groups, where individuals put themselves in circumstances that are directly suicidal. Self-selection in these cases may be motivated by depression or short-term hopelessness. Both violent and charitable acts are over-determined, and a multiplicity of motives should be considered in explaining them.

Kim's exclusion argument threatens to show that irreducible constituted objects are epiphenomenal. Kim's arguments are examined and found to be unconvincing; that a constituted cause requires its constituent to be a cause is not an adequate reason to reject the causation of the constituted object (event or property-instance). However, I introduce and argue for, the Causal Power Uniqueness Condition (CPUC). I argue that CPUC and the causal closure of the physical, implies that constituted objects or property-instances are not novel causal (...) powers. (shrink)

Łukasiewicz three-valued logic Ł3 is often understood as the set of all 3-valued valid formulas according to Łukasiewicz’s 3-valued matrices. Following Wojcicki, in addition, we shall consider two alternative interpretations of Ł3: “well-determined” Ł3a and “truth-preserving” Ł3b defined by two different consequence relations on the 3-valued matrices. The aim of this paper is to provide (by using Dunn semantics) dual equivalent two-valued under-determined and over-determined interpretations for Ł3, Ł3a and Ł3b. The logic Ł3 is axiomatized as an extension of (...) Routley and Meyer’s basic positive logic following Brady’s strategy for axiomatizing many-valued logics by employing two-valued under-determined or over-determined interpretations. Finally, it is proved that “well determined” Łukasiewicz logics are paraconsistent. (shrink)

Taking into account the difficulties that all attempts at a solution of the problem of causal-explanatory exclusion have experienced, we analyze in this paper the chances that mind-body causation is a case of overdetermination, a line of attack that has scarcely been explored. Our conclusion is that claiming that behaviors are causally overdetermined cannot solve the problem of causal-explanatory exclusion. The reason is the problem of massive coincidence, that can only be avoided by establishing a relation between mind and body; (...) that is, by denying overdetermination. The only way to defend that mind-body causation is a case of overdetermination would be by denying any modal force whatever to the principle of the causal closure of the physical, and this is a claim we would not like to reject. (shrink)

Taking into account the difficulties that all attempts at a solution of the problem of causal-explanatory exclusion have experienced, we analyze in this paper the chances that mind-body causation is a case of overdetermination, a line of attack that has scarcely been explored. Our conclusion is that claiming that behaviors are causally overdetermined cannot solve the problem of causal-explanatory exclusion. The reason is the problem of massive coincidence, that can only be avoided by establishing a relation between mind and body; (...) that is, by denying overdetermination. The only way to defend that mind-body causation is a case of overdetermination would be by denying any modal force whatever to the principle of the causal closure of the physical, and this is a claim we would not like to reject. (shrink)

In this paper, I intend to defend the following hypothesis: Foucault's definition of politics from 1979, i.e. the game between heterogeneous governmentalities, overdetermines the two other dimensions of the concept: the warlike or antagonistic relationship between subjects and the resistance of a form of subjectivation against a governmentality. To this end, I address the problem of the possible relationship between overdetermination and the Foucauldian concept of politics. In this sense, Laclau and Mouffe’s work and Althusser’s criticism delimit the field of (...) inquiry, although they do not exhaust it. This contrast will serve to bring to light the implications of a Foucauldian interpretation of overdetermination and thus describe Foucault’s critiques of the poststructuralist model for political thought. From this, I intend to state the fact that Mouffe’s latest writings seem to be oriented towards avoiding the risks that Foucault pointed out, bringing her reflection close to that of the French philosopher. (shrink)

Łukasiewicz three-valued logic Ł3 is often understood as the set of all 3-valued valid formulas according to Łukasiewicz’s 3-valued matrices. Following Wojcicki, in addition, we shall consider two alternative interpretations of Ł3: “well-determined” Ł3a and “truth-preserving” Ł3b defined by two different consequence relations on the 3-valued matrices. The aim of this paper is to provide dual equivalent two-valued under-determined and over-determined interpretations for Ł3, Ł3a and Ł3b. The logic Ł3 is axiomatized as an extension of Routley and Meyer’s basic (...) positive logic following Brady’s strategy for axiomatizing many-valued logics by employing two-valued under-determined or over-determined interpretations. Finally, it is proved that “well determined” Łukasiewicz logics are paraconsistent. (shrink)

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and (...) the transnational jurisdiction view—which favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand. (shrink)

This article makes the normative case for a differentiated approach to the sovereignty of states over natural resources. In the first half of the article, drawing on the example of the Yasuní-ITT-Initiative, I will argue that countries commit a moral wrong when they exploit natural resources for their own benefit, but that they have the moral right to do so given the current structure of the international system. In the second half of the article, I address the question of (...) whether states' rights over natural resources can be justified. Central to my argument will be the distinction between “control rights” and “income rights.” Only control rights, I will argue, can be justified as inherently tied to collective self-determination. (shrink)

In 2018, three journalists accused one of the Members of the Russian Parliament of harassment at workplace. Many influential persons of the Russian elite engaged themselves in the public discussion of the conflict. We studied that high-profiled discussion using a hybrid method merging human- and logic-oriented approaches in argumentation studies. The method develops ideas of the new dialectics, the argumentation logic and the logical-cognitive approach to argumentation, on which is based the algorithm for determining of dispute resolution by aggregating formal (...) and informal tools of analysis. We have reconstructed the discussion as two disputes about questions A and B. A: Did the MP violate the code of conduct by making statements or actions against the journalists? B: Are actions like the behavior of the MP harassment? The opinions of the discussion participants were grouped into the four points of view: A1 – the MP did not violate the code of conduct, A2 – the MP violated the code of conduct, B3 – the actions are not harassment, B4 – the actions are harassment. We mapped arguments in support or against each of them using OVA software, evaluated the arguments with the help of the critical questions, a tool proposed in the new dialectics, and determined the ultimate A + B resolution by applying of the algorithm that combines elements of gradual and labelling semantics from the argumentation logic and the classification of disputes from the dialectical approaches. The resolution was a subset of four arguments that ensured the victory of A1+B4. However, the substantial incompatibility of those arguments highlighted a deep disagreement, an unresolvable difference of opinion, between the parties about the permissibility of courtship. The deep disagreement, a bonus result yielded by the application of the hybrid method, excluded the interpretation of the determined resolution as convincing for the parties, but pointed out a way to smooth the difference of opinions by elaborating of legal, social and moral aspects of the problem of harassment at workplace. (shrink)

When a Jehovah’s Witness patient is traumatically injured, the lack of uniform professional consensus guidelines and the cultural knowledge deficit of many clinicians adds an additional layer of legal and ethical complexity to the inherent difficulty of managing a critically ill patient. We present here the case of an incapacitated Jehovah's Witness patient with severe traumatic hemorrhagic shock. We go on to discuss the historical and contemporary case law on proxy refusal of blood transfusion for the incapacitated adult, as well (...) as the ethics of self-determination and the application of the principle of proportionate reason in the management of the critically injured Jehovah's Witness patient. (shrink)

he article combines Elinor Ostrom’s design principles for common-pool resources and human rights provisions, including subsequent clarifications and jurisprudence. It analyses whether stronger local self-governance, embedded in the natural resource dimension of peoples’ rights to self-determination is a recommendable approach. Two changes in understanding are noted. First, the universal approval of indigenous peoples’ right to self-determination as specified in the UN Declaration on the Rights of Indigenous Peoples. Second, the wide endorsement of the specific principle of free and (...) prior informed consent. As the exercise of peoples’ rights to self-determination is done on a collective level, it is important to have awareness of whether particularly affected and marginalized households and individuals are included or not included in the decision-making process. The article then reviews a range of new instruments adopted by the OECD and the UN for improved human rights awareness and compliance in the context of economic investments. The article finds that these instruments are still underutilized. Finally, the article identifies the role of human rights in bilateral investment treaties. It finds that there are less jurisdictional restrictions – as many treaties have a wide understanding of applicable law – than cognitive restrictions – as human rights competence is rarely sought when establishing tribunals mandated to solve investments disputes. (shrink)

Sex determination in most organisms involves a simple binary fate choice between male or female development; the outcome of this decision has profound effects on organismal biology, biochemistry and behaviour. In the nematode C. elegans, there is also a binary choice, either male or hermaphrodite. In C. elegans, distinct genetic pathways control somatic and germline sexual cell fate. Both pathways share a common set of globally acting regulatory genes; however, germline-specific regulatory genes also participate in the decision to make (...) male or female gametes. The determination of sexual fate in the germline of the facultative hermaphrodite poses a special problem, because first sperm then oocytes are produced. It has emerged that additional layers of post-transcriptional regulation have been imposed to modulate the activities of the global sex-determining genes, tra-2 and fem-3; the balance between these activities is crucial in controlling sexual cell fate in the hermaphrodite germline. BioEssays 23:596–604, 2001. © 2001 John Wiley & Sons, Inc. (shrink)

The most recent attempt at factually establishing a "true" value for the one-way velocity of light is shown to be faulty. The proposal consists of two round-trip photons travelling first in vacuo and then through a medium of refractive index n before returning to their common point of origin. It is shown that this proposal, as well as a similar one considered by Salmon (1977), presupposes that the one-way velocities of light are equal to the round-trip value. Furthermore, experiments of (...) this type, involving regions of space with varying refractive indices, cannot "single out" any factual value for the Reichenbach-Grünbaum ε factor thus posing no threat to the conventionalist thesis. (shrink)

One of our great behavioral scientists, the bestselling author of Behave, plumbs the depths of the science and philosophy of decision-making to mount a devastating case against free will, an argument with profound consequences Robert Sapolsky's Behave, his now classic account of why humans do good and why they do bad, pointed toward an unsettling conclusion: We may not grasp the precise marriage of nature and nurture that creates the physics and chemistry at the base of human behavior, but that (...) doesn't mean it doesn't exist. Now, in Determined, Sapolsky takes his argument all the way, mounting a brilliant (and in his inimitable way, delightful) full-frontal assault on the pleasant fantasy that there is some separate self telling our biology what to do. Determined offers a marvelous synthesis of what we know about how consciousness works-the tight weave between reason and emotion and between stimulus and response in the moment and over a life. One by one, Sapolsky tackles all the major arguments for free will and takes them out, cutting a path through the thickets of chaos and complexity science and quantum physics, as well as touching ground on some of the wilder shores of philosophy. He shows us that the history of medicine is in no small part the history of learning that fewer and fewer things are somebody's "fault"; for example, for centuries we thought seizures were a sign of demonic possession. Yet, as he acknowledges, it's very hard, and at times impossible, to uncouple from our zeal to judge others and to judge ourselves. Sapolsky applies the new understanding of life beyond free will to some of our most essential questions around punishment, morality, and living well together. By the end, Sapolsky argues that while living our daily lives recognizing that we have no free will is going to be monumentally difficult, doing so is not going to result in anarchy, pointlessness, and existential malaise. Instead, it will make for a much more humane world. (shrink)

For centuries, philosophers have debated the question of free will. Do we make our own choices? Or are we more like rudderless ships drifting on the ocean, buffeted by winds and currents outside ourselves? In TK, research psychologist Ken Sheldon reveals that the way we answer these questions has serious implications for our wellbeing. We may never know for certain whether free will exists, Sheldon argues, but recent studies have found that believing in free will matters-indeed, it's an essential component (...) of psychological health. Freely Determined offers an argument for embracing our capacity to choose our own destiny, and a guide for how we might recognize our freedom and use it wisely. Drawing on his own groundbreaking work on motivation, as well as recent research in personality science and social psychology, Sheldon shows us that far from being in the thrall of animal urges and unconscious biases, we humans are constantly making conscious choices: whether to eat the nachos or the salad, whether to shoot the basketball or pass it to a teammate, whether to take that job or marry that person or write that novella. Indeed, over decades of research, Sheldon has established that seeing ourselves as change-makers in our own lives, and in the world, helps us feel happier and even behave more ethically. By identifying and pursuing our deepest values, he argues, we can set and achieve meaningful goals, ones that will help us and our communities flourish. Offering readers insight into how they can live a more self-directed, satisfying life, Freely Determined demystifies the science of choice and reveals that we are radically free to live with greater purpose. (shrink)

“Sustainability” is widely used by diverse organizations as the normative direction to coordinate common actions. But what should we sustain or maintain? Through philosophical reasoning and a literature review in environmental ethics, this paper explores this question and develops a working definition of “sustainability” that intends to be compatible with the global diversity of worldviews. I argue that sustainability is the maintenance of the conditions of possibility of continuation of (1) self-determining flourishing human existences. It entails (2) maintaining the natural (...) processes of the global environment autonomous to limit the possible harmful consequences of the conflicts of distribution and domination, and (3) cultivating meaningful, diverse, and adaptable nurturing milieus. This definition encompasses the three intricate ideas of self-determination, autonomy of the global environment, and diversity. Self-determination as well as the preservation of the autonomy of global environmental processes are crucial elements to prevent the unescapable domination of some powerful groups and worldviews over others. Diversity is also a key piece of the sustainability puzzle as it provides ranges of options that make self-determination possible. This paper proposes an inclusive and flexible working definition of sustainability that is mindful of the global diversity of worldviews. (shrink)

Throughout its brief history the philosophy of technology has been largely concerned with the debate over the nature of technology. Typically, technology has been viewed as being essentially another term for applied science, the practical application of scientific theory to the material world. In recent years philosophers and cultural critics have characterised technology in a far more problematic fashion, as an authoritarian power with the ability to bring about far-reaching cultural, political and ecological effects. Proponents of the former view (...) are often termed instrumentalists and those of the latter technological determinists. The debate between them revolves around the question of the fact/value distinction, namely whether technology can be deemed to be value-neutral. I argue that employing a phenomenological approach to technology grants us a fresh perspective on the instrumentalism-determinism debate. It enables us to recast the instrumentalist/determinist debate as a debate between technological idealism and materialism, and to ground the instrumentalist and determinist positions in different experiential relations to technology. It also gives us a better grasp of the function of the different critiques of technology, with idealists concerned primarily with the misapplication of technology as a form of knowledge, and materialists with the existential implications of concrete technological relations. (shrink)

The diagnosis of death by neurological criteria (colloquially known as ‘brain death’) is accepted in some form in law and medical practice throughout the world, and has been endorsed in principle by the Catholic Church. However, the rationale for this acceptance has been challenged by the accumulation of evidence of integrated vital activity in bodies diagnosed dead by neurological criteria. This paper sets out 10 different Catholic responses to the current crisis of confidence and assesses them in relation to a (...) Catholic understanding of philosophical anthropology. Having considered each of these responses, none is found to provide good grounds for the moral certainty about death needed for current transplant practice to be ethically acceptable. Unless adequate grounds for the use of neurological criteria can be restored, current transplantation practice will have become what Pope John Paul II called a ‘furtive, but no less serious and real, form of euthanasia’. (shrink)

Kant’s distinction between the determining and reflecting power of judgment in the third Critique is not well understood in the literature. A mainstream view unifies these by making determination the telos of all acts of judgment (Longuenesse 1998). On this view, all reflection is primarily in the business of producing empirical concepts for cognition, and thus has what I call a determinative ideal. I argue that this view fails to take seriously the independence and autonomy of the ‘power of (...) judgment’ [Urteilskraft] as a higher cognitive faculty in its own right with its own a priori principle. Instead of seeing merely reflecting judgments as failed or incomplete acts of judgment, I argue that these are in fact paradigmatic of the activity of the power of judgment. More precisely, the reflecting power of judgment just is the power of judgment. Accordingly, reflecting judgment takes precedence over determining judgment; while the former operates according to a law that it gives itself, the latter requires another higher cognitive faculty to provide its principle. On my view, reflecting judgment should be understood as the capacity for purposive subsumption—most clearly seen in the activity of mere reflection. (shrink)

Requiring family authorization for apnea testing subtracts health professionals control over death determination, a procedure that has traditionally been considered a matter of clinical expertise alone. In this commentary, we first provide evidence showing that health professionals’ (HPs) disposition to act on death determination without family’s prior consent could be much lower than that referred to by Berkowitz and Garrett (2020). We hypothesize that HPs may have reservations about their own expertise as regards death, and may thus (...) hesitate to impose their views on patients’ families. We then address the theoretical question of clinical expertise in death determination by distinguishing judgments about facts (e.g., the presence or absence of spontaneous breathing) from interpretations given of these facts (i.e., their meaning for the vital status of an individual). We argue that, while clinicians may claim some expert authority on the former, they hold no particular authority on the latter. (shrink)

By exploring a competition for authority on health and human nature between Plato and Hippocratic medicine, this paper offers a fresh perspective on an overarching debate today involving health and the role of healthcare in its safeguarding. Economically and politically, healthcare continues to dominate the USA’s handling of health, construed biophysically as the absence of disease. Yet, notoriously, in major health outcomes, the USA fares worse than other countries in the Organisation for Economic Co-operation and Development (OECD). Clearly, in giving (...) pre-eminence to healthcare, the USA is doing far less than it could to protect and improve health. Meanwhile, mounting evidence supports the view that health impacts of social determinants besides healthcare (eg, education) surpass healthcare in heft. Circumscribed shifts in the USA’s current frame will not suffice: what’s needed is a change in its overall template for addressing health. Unless this is widely seen, the sway of biomedicine will likely be reduced slowly, if at all. That biomedicine’s role in relation to health is raised increasingly as a question is a sign that its ongoing supremacy is not a forgone conclusion. But making the most of this opportunity requires appreciating that ’How should health’s relationship to medicine be conceptualised?’ is not the most fundamental query that we need to pose. Through consideration of Hippocratic medicine and Plato, I argue that the most availing answer to this particular question can come only after exploration of three larger questions involving health’s status as a human good and its relationship to human flourishing. Exploration of the Greeks is, thus, valuable methodologically. What’s more, it supports today’s advocacy of ’health promotion’, a perspective tying health closely to well-being that has yet to achieve the overall prominence that it warrants. (shrink)

Organisms' environments are thought to play a fundamental role in determining their fitness and hence in natural selection. Existing intuitive conceptions of environment are sufficient for biological practice. I argue, however, that attempts to produce a general characterization of fitness and natural selection are incomplete without the help of general conceptions of what conditions are included in the environment. Thus there is a "problem of the reference environment"—more particularly, problems of specifying principles which pick out those environmental conditions which determine (...) fitness. I distinguish various reference environment problems and propose solutions to some of them. While there has been a limited amount of work on problems concerning what I call "subenvironments", there appears to be no earlier work on problems of what I call the "whole environment". The first solution I propose for a whole environment problem specifies the overall environment for natural selection on a set of biological types present in a population over a specified period of time. The second specifies an environment relevant to extinction of types in a population; this kind of environment is especially relevant to certain kinds of long-term evolution. (shrink)

This article investigates the capacity of artificial intelligence (AI) systems to claim the right to self-determination while exploring the prerequisites for individuals or entities to exercise control over their own destinies. The paper delves into the concept of autonomy as a fundamental aspect of self-determination, drawing a distinction between moral and legal autonomy and emphasizing the pivotal role of dignity in establishing legal autonomy. The analysis examines various theories of dignity, with a particular focus on Hannah Arendt’s (...) perspective. Additionally, the article discusses the influence of societal perceptions on AI, illustrating how AI's interactions in social contexts can shape public attitudes and compliance with legal rights. Ultimately, the article emphasizes the necessity of a comprehensive understanding of the relationship between AI, dignity, and the legal framework governing human rights, stressing the significance of recognizing dignity and societal acceptance in determining AI’s right to self-determination. (shrink)

In this paper, I consider the objection that unilateral secession by a national group (e.g., the Scots) from a legitimate, nonusurping state would wrong minority nationalities within the seceding territory. I show first that most proponents of this objection assume that the ground of the right to national self-determination is the protection of the group’s culture. I show that there are alternative justifications available. I then set out a version of this objection that does not rely on this claim; (...) on this objection, a national minority that seceded and created its own state would commit an expressive wrong against minorities within the territory over which it claimed jurisdiction. I show that this objection is undermotivated: only under a specific set of circumstances would the minorities of the secessionist region be subject to an expressive wrong. Finally, I show that the correct way to think about the claims of minorities in secessionist regions is in terms of a claim to secure access to equal civic status such that they are not at risk of becoming justifiably alienated from their new state. If a secessionist group cannot provide this guarantee to the minority residents of their territory, then their seceding would commit wrongful harm, and the presumption in favour of collective autonomy is defeated. I call this defeater the ‘Alienation Defeater.’With this in hand, we are now in a position to explain why nations are normatively special. Responding to the objections broached by Allen Buchanan and others, I show that even if other kinds of groups, such as religious groups, have the features in virtue of which nations have a claim to self-determination, this does not entail that those groups also have the right to secede. This is because an account of self-determination needs a list of ‘defeaters’—features in virtue of which a group’s claim to self-determination is defeated. I argue that religious groups are the strongest candidate for having a claim to collective autonomy in virtue of sharing many features with nations. I then argue that religious groups will run afoul of the Alienation Defeater; religious identity is too narrow to be the basis of the dominant collective identity of a state. This does not apply to nationality. This, I explain, is because of qualitative differences between religious groups, qua religious groups, and nations. (shrink)

On Exceeding Determination and the Ideal of Reason: Immanuel Kant, William Desmond, and the Noumenological Principle examines the critical philosophy of Immanuel Kant, as it bears on theological principles. Focusing on the foundational ideas (of self, world, and God) that constitute Kant's metaphysical system, Shaw argues that these ideal projections of the rational structures of the thinking subject only conceal and obfuscate the more robust sense of the real that exists behind all phenomenal appearances. This book aims to critically (...) assess the theological content presented in the philosophy of Kant whilst reconstructing and developing some of Kant's more obscure points on the epistemological limitations of pure reason and the borders of knowledge itself. Shaw draws into dialogue with the writings of the contemporary philosopher William Desmond to demonstrate some of the problems of Kantian thought when it comes to the deeper mysteries of being. Desmondian philosophy proves to be a powerful influence over much of this work, as Shaw advances upon the delicate nexus where philosophy and theology convene. As a bold addition to this work, Shaw lays the groundwork for a new discourse in theology and the philosophy of religion: "Noumenology". Noumenology, which is Shaw's response to the deficiencies in methods concerning many of the modern approaches to phenomenology, is a call for the recalibration of the starting point for eidetic inquiry through the proposal of a non-discursive approach to the sensible, emotional, and intellectual - or perhaps, the all together spiritual. To accomplish this, Shaw reaches back to Kant for a heterodox approach to the language and content surrounding the noumenonal to set forth his theological interpretation of the "Noumenological Principle". (shrink)

By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy ...

Anselm is known for offering a distinctive definition of freedom of choice as “the ability of preserving uprightness of will for its own sake.” When we turn to Anselm’s account of the devil’s fall in De Casu Diaboli, however, this idiosyncratic understanding of freedom is not at the forefront. In that text, Anselm seemingly assumes a traditional understanding of free will defined in terms of alternative possibilities for the angels. These alternative possibilities must be present so the angels can engage (...) in ‘self-determination.’ God, however, does not face alternative possibilities to achieve His self-determination. Anselm thus explicates his notion of free will in terms of three different concepts: his distinctive definition of free choice, self-determination, and the principle of alternative possibilities. Despite attempts (by both scholars and Anselm) to explain how these three concepts are related, I argue that their relationship is problematic. In particular, I argue that Anselm is guilty of conflating and equivocating with regard to these concepts. I further importantly claim that the conflation obscures the fact that his understanding of self-determination calls into question God’s excellence over that of the good angels. (shrink)

Disputes over territory are among the most contentious in human affairs. Throughout the world, societies view control over land and resources as necessary to ensure their survival and to further their particular life-style, and the very passion with which claims over a region are asserted and defended suggests that difficult normative issues lurk nearby. Questions about rights to territory vary. It is one thing to ask who owns a particular parcel of land, another who has the right (...) to reside within its boundaries and yet another to determine which individuals or groups have political rights of citizenship, sovereignty, and self-determination within it. It must also be asked how these rights—if ‘rights’ is the correct term—are acquired. When attention turns to the territorial rights of communities, national groups or states, sovereignty is the principal concern. Within international law, de facto power over a territory, say, of occupying forces or trustees, is insufficient to possess or acquire sovereignty (Brownlie, 1990, p. 111). The central conceptions underlying modern democratic thought are that sovereignty over a politically demarcated territory is vested in the resident population, and that governmental authority is derived from the consent of that population. It is simple enough to identify the latter with the citizenry of a state, but demographic and political flux makes this a loose criterion. States come and go, and sometimes a territory is stateless. Also, large-scale demographic shifts during upheavals and peacetime immigrations change the assessments of who belongs where. Does everyone residing in a place at a particular time have a right to share in its governance then? What about illegal immigrants? Presumably, sovereignty rests with the established population or.. (shrink)

Over-the-counter drugs are ubiquitous in the US. Policymakers have long debated how to modernize the system for making determinations of safety and effectiveness and addressing safety issues with OTC drugs.

This chapter reviews fundamental ethical controversy surrounding the ongoing effort to revise the Uniform Determination of Death Act in the United States. Instead of focusing on the process of the revision itself, the chapter explores the underlying ethical debate over brain death that has been ongoing for many decades and finally culminated in this revision. Three issues are focused: the requirement for consent and personal exemptions before applying brain death for the diagnosis of death; redefining the areas of (...) the brain that have ceased to function in the definition of brain death; and codifying the American Academy of Neurology as the authority to issue the standards of the diagnosis of brain death. The chapter concludes that allowing the personal choice of death determination gives a pragmatic compromise to the disputed definition and practice of diagnosing brain death. So long as all risks and imperfections of the diagnosis are accepted through the consenting process, there is nothing ethically objectionable to continuing the current practice of diagnosing brain death as a successful tool to facilitate heart-beating organ donation without violating the dead-donor rule. By contrast, precluding personal choice and imposing legal restrictions to consent and exemptions would further erode public trust. (shrink)

United States federal regulations for pediatric research with no prospect of direct benefit restrict institutional review board (IRB) approval to procedures presenting: 1) no more than "minimal risk" (§ 45CFR46.404); or 2) no more than a "minor increase over minimal risk" if the research is commensurate with the subjects' previous or expected experiences and intended to gain vitally important information about the child's disorder or condition (§ 45CFR46.406) (DHHS 2001). During the 25 years since their adoption, these regulations have (...) helped IRBs balance subject protections with the pursuit of scientific knowledge to advance children's welfare. At the same time, inconsistency in IRB application of these regulations to pediatric protocols has been widespread, in part because of the ambiguity of the regulatory language. During the past decade, three federally-charged committees have addressed these ambiguities: 1) the National Human Research Protections Advisory Committee (NHRPAC) (Washington, DC), 2) the Institute of Medicine (IOM) Committee on the Ethical Conduct of Clinical Research Involving Children (Washington, DC); and 3) the United States Department of Health and Human Services Secretary's Advisory Committee for Human Research Protections (SACHRP) (Washington, DC). The committees have reached similar conclusions on interpretation of language within regulations § § 45CFR46.404 and 406; these conclusions are remarkably consistent with recent international recommendations and those of the original National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (1977) report from which current regulations are based. Drawing on the committees' public reports, this article identifies the ethical issues posed by ambiguities in regulatory language, summarizes the committees' deliberations, and calls for a national consensus on recommended criteria. (shrink)

Functional decomposition is an important goal in the life sciences, and is central to mechanistic explanation and explanatory reduction. A growing literature in philosophy of science, however, has challenged decomposition-based notions of explanation. ‘Holists’ posit that complex systems exhibit context-sensitivity, dynamic interaction, and network dependence, and that these properties undermine decomposition. They then infer from the failure of decomposition to the failure of mechanistic explanation and reduction. I argue that complexity, so construed, is only incompatible with one notion of decomposition, (...) which I call ‘atomism’, and not with decomposition writ large. Atomism posits that function ascriptions must be made to parts with minimal reference to the surrounding system. Complexity does indeed falsify atomism, but I contend that there is a weaker, ‘contextualist’ notion of decomposition that is fully compatible with the properties that holists cite. Contextualism suggests that the function of parts can shift with external context, and that interactions with other parts might help determine their context-appropriate functions. This still admits of functional decomposition within a given context. I will give examples based on the notion of oscillatory multiplexing in systems neuroscience. If contextualism is feasible, then holist inferences are faulty—one cannot infer from the presence of complexity to the failure of decomposition, mechanism, and reductionism. (shrink)

The notion of a strongly determined type over A extending p is introduced, where p .S. A strongly determined extension of p over A assigns, for any model M )- A, a type q S extending p such that, if realises q, then any elementary partial map M → M which fixes acleq pointwise is elementary over . This gives a crude notion of independence which arises very frequently. Examples are provided of many different kinds of theories (...) with strongly determined types, and some without. We investigate a notion of multiplicity for strongly determined types with applications to ‘involved’ finite simple groups, and an analogue of the Finite Equivalence Relation Theorem. Lifting of strongly determined types to covers of a structure is discussed, and an application to finite covers is given. (shrink)

Aims: The aims of the study were to explore expert opinion on the distinction between “research” and “audit”, and to determine the need for review by a National Health Service (NHS) Research Ethics Committee (REC). Background: Under current guidelines only “research” projects within the NHS require REC approval. Concerns have been expressed over difficulties in distinguishing between research and other types of project, and no existing guidelines appear to have been validated. The implications of this confusion include unnecessary REC (...) applications, and crucially, the potential for ethically unsound projects to escape review. Methods: A three-stage Delphi method was chosen to explore expert opinion and develop consensus. Stage 1 comprised ten semi-structured interviews gathering opinion on distinguishing between types of project and how to determine need for ethical review. Stages 2 and 3 were questionnaires, asking 24 “experts” to rate levels of ethical concern and types of project for a series of questions. Anonymised responses from stage 2 were fed back in stage 3. The final responses were analysed for consensus. Results: Of 46 questions, consensus was achieved for 14 (30.4%) for level of ethical concern and for 15 (32.6%) for type of project. Conclusions: Several ideas proved discriminatory for classifying the type of project and assessing level of ethical concern, and they can be used to develop an algorithm to determine need for ethical review. There was little relationship between assessment of the level of ethical concern and classification of the project. There was inconsistency in defining and classifying studies as something other than “research” or “audit”. (shrink)

Self-determination does and should play an important role in our conceptions of what it is to treat persons and peoples justly. I write at a time when the Middle East is erupting with demands for more appropriate rule by and for the people . Indigenous peoples around the world have been demanding better control over their traditional lands, over the last few decades in particular. And a serious global recession has affected all local economies since 2008, raising (...) pertinent issues about the wisdom of having a global economy as interlinked as ours has become. Would we not do better to "de-link" from the global economy? Would more robust ideals of self-determination and political and economic autonomy provide better guidance than those that seem to dominate the current discussion of models of global justice? (shrink)