This paper argues that certain expressions of practical necessity – like ‘I have to do this, I do not have a choice’ or ‘Here I stand, I can do no other’ – allow an insight into deep structures of personality and self-understanding. They point at a limit where someone would have to ‘become another person’ (in his own view), if he was forced to an alternative decision, because of neglecting ground-projects and convictions, which are essential for his self-conception. This (...) limit is marked by a loss of autonomy and authenticity. The paper discusses why and in how far expressions of personal necessities seem to have a special value and authority as they call forth the respect of the other towards an individual personality, even though this does not exclude that there may also be a necessity of self-reform. (shrink)

I claim that the dominant moral-realist understanding of action and moral responsibility cannot provide a comprehensive account of morality since it neglects the irreducibly personal component of the individual’s moral experience. This is not to embrace non-cognitivism, however; indeed, I challenge the whole realist framework of most contemporary moral philosophy. To this end I explore the phenomenon of moral necessity, exemplified by Luther’s declaration that he “has to” continue his protests against the church. I am careful to distinguish (...) this kind of necessity from physical or psychological necessity, from means-end necessity and from the Categorical Imperative, and I suggest that it is far more widespread and far more complex than the realist or non-cognitivist would allow. Thesedeclarations are personal in that they do not entail any necessary universalisability of the judgement; however, their personal nature does not mean that they must collapse into the merely personal realm of whim and preference. Instead, Luther can be said to experience a legitimately objective demand that he behave thus and so, even though others would not experience such a demand in a relevantly similar situation. This irreducible heterogeneity of the moral, I suggest, lies at the heart of the intractability of many moral arguments. My argument can be derived as broadly Wittgensteinian (without being exegetical), and draws on the work of Peter Winch and Bernard Williams. (shrink)

The Philosophical Forum, Volume 52, Issue 3, Page 245-261, Fall 2021.

이 글의 목적은 생태민주주의의 실현 방안의 하나로 ‘생태법인(Eco Legal Person)’ 제도의 필요성을 제기하는 데 있다. 아직은 생태학이나 법학에서 생태법인이라는 용어가 사용된 적은 없다. 필자는 생태법인이라는 용어를 “미래 세대는 물론 인간 이외의 존재들 가운데 생태적 가치가 중요한 대상에 대하여 법적 권리를 갖게 하는 제도”로 사용하고자 한다. 생태민주주의는 인간과 자연의 공존이라는 생태철학의 핵심 가치에 민주주의 체제의 우월성을 융합한 대안 정치이념이다. 생태민주주의 이념의 핵심은 공동체 의사결정과정에 미래 세대와 인간 이외 존재들의 생태적 이해관계가 고려되어야 한다는 주장을 담고 있다. 그런데 미래 세대나 인간 이외의 존재는 (...) 현세대와 의사소통이 어렵고 법적 권리도 없다. 따라서 생태민주주의를 실현하기 위한 구체적 방안 모색이 요구된다. 인류는 오래전부터 인간 이외의 존재에게 법적 권리를 인정하는 ‘법인’ 제도를 창안하여 사용해 오고 있다. 이에 비춰본다면 생태민주주의 작동 방안의 하나로 ‘생태법인’ 또한 사회적 공감대 형성을 통해 도입될 수 있다고 본다. 그리고 ‘생태법인’의 법적․제도적 안정성을 담보되기 위해서는 ‘생태법인’의 헌법적 지위를 확보하기 위한 노력이 필요하다. 오늘날 대부분의 국가는 헌정주의를 근본원리로 민주주의가 작동되고 있기 때문이다. (shrink)

A thought that we all entertain at some time or other is that the course of our lives might have been very different from the way they in fact have been, with the consequence that we might have been rather different sorts of persons than we actually are. A less common, but prima facie intelligible thought is that we might never have existed at all, though someone rather like us did. Arguably, any plausible theory of personal identity should be (...) able to accommodate both possibilities. Certain currently popular Reductionist theories of personal identity, however, seem to be deficient in precisely this respect. This paper explores some Reductionist responses to that challenge. (shrink)

When we quote Luther’s dictum, “Here I stand. I can do no other,” we refer to the composure of someone who experiences the necessity to follow a particular course of action against all odds. The incapacity of alternative action is not regarded as a deficit; in such cases, it seems to “lend some added weight” to the decision. This paper deals with the question what kind of value is attributed to experiences of practical necessities or incapacities, in particular, if (...) these derive from an individual’s psychological “structure” and the limits of someone’s personality. Finally, it distinguishes between different types of added weight that are related to different forms of personal and normative necessities. This weight can be legitimately attributed to the virtue of standing for something and being an example of what everybody should do, but it can also be attributed to the valid claim of standing by the demarcation line of one’s personality and defending it against the threat of losing oneself. (shrink)

This paper examines the concept of medical necessity as it relates to mental health care rationing, arguing that the normal functioning model of medical necessity is insufficient because it fails to cohere with an important aim and function of mental health care, which is to provide support for individuals in abusive or otherwise difficult personal relationships.

Every person acquires a worldview, a picture of reality. Within that picture, the existence of some things will be taken wholly for granted as the background to, and support of, everything else. Their existence will rarely be questioned. The cosmos or universe, the gods, God, Brahman, Heaven, the Absolute--R. T. Allen claims that all these and other world- views have been held to be that which necessarily exists and upon which all other beings depend in one way or another. European (...) philosophers, since antiquity, have offered arguments to show that their chosen candidates for the role of the necessary being or beings that support the rest of reality do actually exist. The Necessity of God sets the valid core of previous ontological arguments. It does not and cannot prove that God exists, but only that something necessarily exists. In an a priori manner and without inferring anything from what in fact exists, Allen proceeds to show that which necessarily exists is one, transfinite, eternal, and the archetype of personal existence: in short, that it is God as classically conceived. As for everything else that may exist, it must be finite and dependent for its existence upon God as its creator and sustainer. Few things are more erroneous in philosophy and disastrous in practice than artificial constructions produced without constant reference to concrete reality. That which necessarily exists may be the one exception. Before this constructive argument, Allen examines previous examples of ontological arguments in order to show exactly where they go wrong and to extract the valid core obscured within them. This will make clear the difference between them and his new version. The reader who is eager to engage the philosophical sources of belief will find a distinct treasure in The Necessity of God. (shrink)

Suppose a driverless car encounters a scenario where harm to at least one person is unavoidable and a choice about how to distribute harms between different persons is required. How should the driverless car be programmed to behave in this situation? I call this the moral design problem. Santoni de Sio defends a legal-philosophical approach to this problem, which aims to bring us to a consensus on the moral design problem despite our disagreements about which moral principles provide the correct (...) account of justified harm. He then articulates an answer to the moral design problem based on the legal doctrine of necessity. In this paper, I argue that Santoni de Sio’s answer to the moral design problem does not achieve the aim of the legal-philosophical approach. This is because his answer relies on moral principles which, at least, utilitarians have reason to reject. I then articulate an alternative reading of the doctrine of necessity, and construct a partial answer to the moral design problem based on this. I argue that utilitarians, contractualists and deontologists can agree on this partial answer, even if they disagree about which moral principles offer the correct account of justified harm. (shrink)

A perceived national emergency creates the temptation to abandon principled constraints to official action in order to pursue whatever is thought necessary to confront the crisis. Principled constraints are thought good precisely when they are least needed - during normal times - and thought obstructionist when they are most needed to guide and constrain official action - during times of perceived exceptional circumstances. We are accustomed to thinking of constitutional rights not as absolutes, but as subject to balancing against compelling (...) governmental need. When compelling government interest is expressed in terms of necessity, otherwise prohibited actions, such as torture, may be justified in specific circumstances. In this Article, I argue that we should reject the temptation to rely on necessity to justify extralegal responses to emergencies. Moreover, we should also reject the claim that the Constitution contains a core principle of necessity that frees executive officials to act unfettered by other constitutional constraints under some circumstances. One problem with necessity is that it displaces constitutional commitments to constrained action because necessity, not constitutional principle, becomes the ultimate authority for official action. A second problem with necessity is that when it is used to justify the practice of torture, it undermines the liberal conception of the person that grounds the political legitimacy of the State. Finally, when we prioritize necessity, we change how we look at the world in ways that have pervasive legal and cultural consequences for how we employ other constitutional rights. When we rely on necessity to override principled commitments, such as the prohibition against torture, we change our practices and principles, creating the conditions for changing fundamental aspects of our constitutional culture. I argue that although it is always subject to change, our constitutional culture does not support a worldview that legitimates treating persons as objects of torture, and that arguments to change our culture in light of the needs of necessity are insufficient. (shrink)

The aim of this article is to analyse Kant's views on the ruler's right of pardon. This particular theme in the Rechtslehre has remained on the margins of Kant research. The few existing commentaries have taken as their starting-point to interpret Kant's conception of the ruler's right of pardon chiefly against the background of his legal philosophy and its criminal law theory in particular. However, it is argued in this article that Kant's conception of the right of pardon cannot be (...) fully grasped without knowledge of the intellectual history of pardoning and the contemporary Prussian law code, Allgemeines Landrecht für die Preussischen Staaten, of 1794. It is claimed that in Kant's mind the right of pardon came close to the ruler's personal forgiveness. (shrink)

A person who is liable to defensive harm has forfeited his rights against the imposition of the harm, and so is not wronged if that harm is imposed. A number of philosophers, most notably Jeff McMahan, argue for an instrumental account of liability, whereby a person is liable to defensive harm when he is either morally or culpably responsible for an unjust threat of harm to others, and when the imposition of defensive harm is necessary to avert the threatened unjust (...) harm. Others may favour a purely noninstrumental account of liability: one that looks only to the past behaviour of the potentially liable person. We argue that both views are vulnerable to serious objections. Instead we develop and defend a new view of liability to defensive harm: the pluralist account. The pluralist account states that liability to defensive harm has at least two bases. First, if an attacker is morally or culpably responsible for an unjust attack then he has forfeited what we call his agency right, and in doing so he has made himself partially liable to defensive harm. Whether the attacker is fully liable to defensive harm depends, however, on whether the imposition of defensive harm would infringe a different right held by the attacker: his humanitarian right. Humanitarian rights are rights to be provided with urgently needed resources or to be protected from serious harms when others can do so at reasonably low cost. We argue the pluralist account avoids the objections to which the instrumental and noninstrumental views are vulnerable, coheres with our intuitive reactions in a wide range of cases, and sheds new light on the way different rights combine to determine a person's liability to suffer harm. (shrink)

The necessity of belief -- The word belief -- The ability to believe -- Belief and law -- Belief and science -- Belief and personality -- 'The problem of evil' -- The victory of materialism -- The moral universe -- Tragedy and comedy -- The end is the beginning.

_ Source: _Volume 38, Issue 1, pp 129 - 147 The essay investigates elements of sixteenth-century scholastic thought that have played a role in Grotius’s doctrine of necessity: the nature of the rights of the person in extreme need; the relation of the right of necessity to self-preservation; the compact that lies at the origin of property rights; and finally the obligation of restitution once the emergency is over. Grotius did not develop the doctrine of necessity as (...) an abstract principle about the relationship between private property and subsistence rights. Instead, he used it primarily as a normative principle on permissible behavior in times of war. The comparison with sixteenth-century thought and the practical purposes for which he developed the principle help to understand better the Grotian conception about the subjective nature of the right of necessity and its normative foundation. (shrink)

The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars, have reduced its margin of application to practically zero, since in the framework of contemporary welfare states, there is almost always a “legal alternative.” The needy person who acts on their own behalf, regardless of whether they save an interest higher than the one they injure, does not show due deference to democratic legal solutions and (...) procedural channels. This article aims to contest this abrogative interpretation of the necessity defense and to outline the limits of its legitimate scope. Even in welfare states, there are actions in a necessity scenario that neither question the legal decisions of the democratically elected legislature nor make a mockery of established procedural channels. (shrink)

John Locke is often understood as the inaugurator of the modern discussion of personal human identity—a discussion that inevitably falls back on his own theory with its critical reliance on memory. David Hume and Sigmund Freud would later make arguments for what constituted personal identity, both relying, like Locke, on memory, but parting from Locke's company in respect the role that memory played. The purpose of this paper will be to sketch the groundwork for Locke's own theory of (...) personal identity and consider some common objections tied to his special reliance on memory. Then, we will investigate the extent to which Hume and Freud refined their respective concepts of self-identity in ways that escape some of the most intractable objections to Locke's theory in its dependence on memory. Finally, we will consider which theorist's conception of self-identity best accords with our notion of the cyber-self, or psychological subjectivity in the context of cyberspace. For Locke, the nature of self-identity is that it is continuous across time, and to remain uninterrupted it must be beholden to a psychological process, rather than a material or immaterial substance. (shrink)

The necessity of origin suggests that a person’s identity is determined by the particular pair of gametes from which the person originated. An implication is that speculative scenarios concerning how we might otherwise have been had our gametic origins been different are dismissed as being metaphysically impossible. Given, however, that many of these speculations are intelligible and commonplace in the discourses of competent speakers, it is overhasty to dismiss them as mistakes. This paper offers a way of understanding these (...) speculations that does not commit them to incoherence but aims to make the best sense of what they are expressing. Using the philosophical framework of two‐dimensional semantics, it proposes that the speculative scenarios are best analysed as epistemic possibilities, rather than as metaphysical possibilities. It then explores some implications of this analysis for the ethical challenges associated with the non‐identity problem. (shrink)

The concept of medical necessity plays a central role in many healthcare systems, including Canada's, by helping determine which healthcare services will receive funding. Despite its significance in health policy frameworks, medical necessity has proven to be notoriously difficult to define and operationalise. A shift toward a more personalised and genetically‐informed approach to the provision of healthcare seems likely to heighten associated policy challenges. One of the stated goals of personalised medicine is to save healthcare systems money by (...) facilitating the use of less and more effective treatments. However, any cost saving potential may ultimately be thwarted by physicians' legal and ethical obligations, given that physicians will inevitably be required to implement and define the bounds of genetically‐informed medical necessity for their patients. (shrink)

It is suggested that the current hierarchical (Frankfurt-Dworkin) model of personal autonomy in philosophical anthropology gives expression to the fundamental presupposition of self-determination in much educational practice and pedagogical theory. Radical criticisms are made of the notions of self-identification and self-evaluation which are of the utmost importance to this model. Instead of relying on such ‘acts of the will’ as decision and choice for the explanation of self-identification and self- evaluation, the non-intentional as well as the non-individualistic character of (...) these processes is stressed and analysed in terms of volitional necessity and social dependence. The consequence of this criticism is the substitution of the concept of extreme personal autonomy by that of caring about oneself as the first principle of education. (shrink)

It is suggested that the current hierarchical (Frankfurt-Dworkin) model of personal autonomy in philosophical anthropology gives expression to the fundamental presupposition of self-determination in much educational practice and pedagogical theory. Radical criticisms are made of the notions of self-identification and self-evaluation which are of the utmost importance to this model. Instead of relying on such ‘acts of the will’ as decision and choice for the explanation of self-identification and self- evaluation, the non-intentional as well as the non-individualistic character of (...) these processes is stressed and analysed in terms of volitional necessity and social dependence. The consequence of this criticism is the substitution of the concept of extreme personal autonomy by that of caring about oneself as the first principle of education. (shrink)

The traditional conception of knowledge is justified, true belief. If one looks at a modern textbook on epistemology, the great bulk of questions with which it deals are to do with personal knowledge, as embodied in beliefs and the proper experiences that someone ought to have had in order to have the right (or justification) to know. I intend to argue that due to the explosive growth of knowledge whose domain is “outside the head”, this conception has outlived its (...) relevance. -/- On the other hand, Karl Popper’s (1934) Falsificationism, with its emphasis on the objective character of knowledge, is not only a sounder, but also a more appropriate theory of knowledge for understanding the nature and growth of civilization. Later, Popper (1945) generalized this approach to obtain critical rationalism, in which all claims to knowledge, whether scientific or otherwise, are understood as objective solutions to objective problems and can be evaluated by other non-observational - types of criticism. I will first argue that Popper’s methodology is quite suited to the view that knowledge is an objective autonomous product and then adduce his theory of world 3, an ontology that neatly wraps up various considerations. World 3 is the domain of abstract products of the human mind that now have a life of their own, outside of human heads: theories, arguments, problems, plans, etc. I then adduce some other arguments for the autonomous quality of knowledge. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:On the Necessity of TheaterNoël CarrollDespite the fact that theater was the first art form to be examined in depth by Western philosophers, it has not received a great deal of attention by contemporary philosophers of art. Essays on literature, music, and cinema are more likely to appear in journals such as the British Journal of Aesthetics and The Journal of Aesthetics and Art Criticism than are articles (...) on theater. But with the publication of Paul Woodruff's The Necessity of Theater: The Art of Watching and Being Watched, James Hamilton's The Art of Theater and the recent anthology Staging Philosophy, edited by David Zucker Saltz and David Krassner, the tide seems to be turning. Philosophers are interested in theater again. Perhaps some lovers of theater may regard this as bad news, recalling what Plato, Augustine, and Rousseau attempted to do to theater. But contemporary philosophers of theater belong more to the school of Aristotle than to that of Plato.Of these recent contributions to the philosophy of theater, Paul Woodruff's book is the one that most resembles Aristotle's Poetics, especially in terms of its analyses of plotting, characterization, conflict, choice, and mimesis. This is maybe no surprise, since Paul Woodruff is not only a professor of philosophy, but also a professor of classics at the University of Texas at Austin. [End Page 435]One thing that is immediately striking about The Necessity of Theater is the elegance of its intellectual design. Woodruff begins with the hypothesis that theater is the art by which human beings make or find human action worth watching in measure time and place. That is, theater is art of being watched and watching. This distinction between being watched and watching, then, provides Woodruff with the means to, on the one hand, examine the elements that go into making theater, and, on the other hand, the elements that go into watching or appreciating theater.Creating theater involves making something worth watching—something that will hold the audience's attention. What sorts of things command our attention? Human action, notably as it is organized in terms of a plot which Woodruff, like Aristotle, emphasizes must be of a magnitude sufficient to be cognitively manageable. Since actions require choices, Woodruff follows his analysis of plot, naturally enough, with a discussion of the choices that give rise to those actions for much the same reason that Aristotle includes dialogue as one of the components of tragedy.In order to be worth watching, Woodruff recommends that these choices be free and coherent. Since choices derive—or are thought to derive—from character, theater, in order to hold our attention, needs characters. These characters must be agents and, in addition, they must be capable of engaging our emotions, not just pity and fear, but the gamut of emotions, although the most important of these, on Woodruff's view, would appear to be the elicitation of care on the part of the audience on behalf of the characters on stage. Woodruff contends that care for a character is engendered by giving the character a past as well as hopes for the future (an aim, a project, a problem) and by making that person a center of love (that is, someone who loves and/or is loved by or who cares and is cared for by other people).Theater primarily makes us interested in watching people by encouraging us to respond to characters emotionally. It is able to do this because it traffics in mimesis. Woodruff understand mimesis as a matter of a mimetic object, a theater piece, bringing to the fore certain effects of the object of which it is a representation. With respect to a theater piece, the relevant effects are emotional effects. Because mimesis is selective, it may be able to achieve those effects more intensely than its off-stage model can; the selectivity of the theater piece both places greater emphasis on the emotion-provoking features of situations while also blocking out otherwise [End Page 436] interfering detail. However, theater does require the complicity of the audience who must fill-in the model imaginatively.The introduction of the role of the audience's... (shrink)

This issue considers the ethics of a healthcare provider intervening into a patient’s genitalia, whether by means of cutting or surgery or by ‘mere’ touching/examination. Authors argue that the permissibility of such actions in the absence of a relevant medical emergency does not primarily turn on third-party judgments of expected levels of physical harm versus benefit, or on related notions such as extensiveness or invasiveness; rather, it turns on the patient’s own consent. To bolster this argument, attention is drawn to (...) the status of the genitals as ‘intimate’ anatomy—a status that is not fully erased by being in a medical context. In this editorial, we draw on the work of Talia Mae Bettcher on ‘intimate agency’ to explore why unconsented interventions into the genitalia may constitute a distinctive sort of personal violation compared to unconsented contact with various other parts of the human body. In their feature article, Marit van der Pijl and colleagues1 argue it is unethical for healthcare providers to perform unconsented episiotomies on persons in labour. In particular, they suggest that, outside of certain rare emergencies in which, for example, the person giving birth is incapacitated1 and the procedure cannot be delayed until consent becomes possible without introducing a significant risk of serious harm (call these ‘medically necessary’2 procedures), ‘presumed consent’ is the incorrect standard to apply. Instead, they stress that, especially when a proposed intervention involves a person’s genital, sexual or reproductive organs, the need to obtain their explicit consent in advance of proceeding must be honoured. As the authors note, the broader social significance of our genitalia—widely regarded as ‘private’ anatomy—is not erased by being in a medical context (see also 2–4). Boundaries must still be observed. Ethically, this ‘leaves a very small margin for error because invasion of these body parts …. (shrink)

The Person Vanishes argues that despite John Dewey's failure to articulate «an adequate theory of personality», his writings provide at least a theory-sketch of human personality consistent with the assumptions that framed his philosophical outlook. Recognizing the new developments in society, science, and the arts, Dewey argues for the necessity of a Copernican revolution in our understanding of the human self; from the monadic and minimalist self of the Cartesian-Newtonian modernist tradition to a relational and processual model of selfhood (...) consonant with the press of post-modernist historical experience. As a field and activity conception, Dewey's self emerges as a nexus of relational energizing, genuinely moored in a cultural surrounding in which ongoing creative reconstruction becomes the mark and criterion of the self's health and growth. What vanishes in Dewey's reconstruction is not the self as such, but only the entitative, substantive self of early modernism. Dewey's understanding of the self is grounded in the conviction that philosophy must begin its inquiry from the ordinary experience of plain men and women. The Person Vanishes examines Dewey's participatory notion of deliberation, what he calls «dramatic rehearsal», by using the Israeli-Palestinian conflict as a case study. The analysis attempts to cash out the personal and collective habits, as well as the different modalities of ends, facts, and values that diagram the existential dimensions of this problematic situation. Contrary to traditional dualistic and spectatorial accounts of deliberation, Dewey's «dramatic rehearsal» shows the complexity of decision-making when the genuine limitations of daily life are taken seriously. The attempt to march to Dewey's participatory philosophy reveals the escapist nature of all dualistic philosophical traditions and the reason for their continuous failure to resolve concrete social and personal conflicts. (shrink)

This article addresses a previously overlooked problem in the ethics of defensive killing. Everyone agrees that defensive killing can only be justified when it is necessary. But necessary for what? That seemingly simple question turns out to be surprisingly difficult to answer. Imagine Attacker is trying to kill Victim, and the only way one could save Victim is by killing Attacker. It would seem that, in such a case, killing is necessary. But now suppose there is some other innocent person, (...) suffering some entirely distinct threat, whose life one could save instead. Is killing still necessary? The seemingly obvious answer is “yes.” Killing is necessary since it is the only means to achieve the goal that stands to justify killing. The problem with this answer is that it presupposes a certain description of that goal as something like “saving Victim’s life” or “saving Victim’s life from Attacker.” Other descriptions are plausible, such as “saving a life.” On that latter description, killing is unnecessary in this case. The problem we are encountering is the problem of finding the right description of the goal of killing. Call this the “description problem.” This article sets out to solve the description problem and arrives at a radical conclusion. In a variety of cases, we should describe the goal of killing in broad terms, without reference to a specific victim or a specific threat. These broad descriptions—such as “saving a life”—make it easier to find relevant alternatives. Killing, it turns out, is much harder to justify than we might otherwise have thought. (shrink)

The defence of necessity has had a long, though confused, legal career. Like self-defence, consent, duress, insanity and mistake of law, necessity is rooted in moral intuitions about when conduct which causes harm to another's person or property is not wrong, or should be tolerated, permitted or praised. If a man is literally starving to death and steals a loaf of bread, we are reluctant to say that his extreme circumstances should make no difference at all to the (...) way we treat him at trial. And if two men, adrift at sea, are clinging to a log which can only support the weight of one, we are once again reluctant to say that if one pushes the other off the log, it is just a case of murder. These intuitions are deepseated; but it is extremely difficult to articulate the defence they seem to support, or to isolate the circumstances which mark the difference between a situation where the defence ought to apply and where it ought not. (shrink)

Abstract: There is much that I admire in Richard Moran's account of how first-person authority may be consistent with self-knowledge as an achievement. In this paper, I examine his attempt to characterize the goal of psychoanalytic treatment, which is surely that the patient should go beyond the mere theoretical acceptance of the analyst's interpretation, and requires instead a more intimate, first-personal, awareness by the patient of their psychological condition.I object, however, that the way in which Moran distinguishes between the (...) deliberative and the theoretical attitudes is ultimately inconsistent with a satisfactory account of psychoanalytic practice; mainly because, despite Moran's claims to the contrary, such a distinction is still inspired by a Cartesian picture of the self. I argue that, in the light of his distinction, Moran may emphasize that an agent's psychological dispositions should be permeable to her decisions and projects, but is forced to reject the idea that permeability could go the other way too. I explore Bernard Williams' notion of acknowledgment and Simone Weil's distinction between two notions of necessity, in order to articulate a notion of receptive passivity which may help us to characterize this second direction of permeability. I finally outline why receptive passivity (and, thereby, the double direction of permeability) is crucial in order to identify the goal of psychoanalytic treatment and, derivatively, to understand how a certain kind of awareness may have a significant therapeutic effect. (shrink)

Why do we grant religious exemptions? Many distinguished scholars and judges have been drawn to the idea that conscience is entitled to special protection, because a person in its grip cannot obey the law without betraying his deepest, most identity-defining commitments. The weakness of this justification is shown by philosopher Harry Frankfurt's account of what he calls “volitional necessity,” which clarifies the structure of the argument that invocations of conscience imply. Frankfurt shows that a person can be bound in (...) this way by allegiances that there is no reason to respect; volitional necessity can arise from anything at all that a person cares about. Conscience is thus a poor basis for claims upon other people. Accommodation must rather depend on some idea of the value of religion. (shrink)

Felt necessity, or the phenomenon of experiencing some person or object as a felt need, plays important roles in structuring human agency. Philosophical treatments of the relationship between agency and felt necessity have tended to focus on appetitive needs and necessities arising from a particular type of care. I argue that we have much to gain by considering a third underexplored variety of felt necessity that I call “attachment necessity.” Attachment necessity has its own distinct (...) parts to play in structuring agency, and like its more familiar relatives, it can also illuminate important aspects of addiction and love. (shrink)

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Background Factors that could potentially act as facilitators and barriers to successful recruitment strategies in perinatal clinical trials are not well documented. The objective was to assess lay persons’ understanding of the informed consent for randomized clinical trial in emergency obstetric and newborn care. Methods This was a qualitative study conducted among survivors of severe obstetric complications who were attending the post-natal clinic of Kawempe National Referral Hospital, Uganda, 6–8 weeks after surviving severe obstetric complications during pregnancy or childbirth. The (...) study that involved 18 in-depth interviews was conducted from June 1, 2019 to July 6, 2019. The issues explored included perceptions of the purpose and necessity to conduct such research how research-related information would be disclosed, and what could be the potential benefits and risks of participation. The data was analyzed by thematic analysis. Results Respondents felt that research was necessary to investigate the cause, prevention or complications of an illness, especially as much was known about some pregnancy and newborn complications. Most believed that the emergency contexts affects whether and what prospective participants may understand if information about research was disclosed. Whereas they did not see the value of procedures like randomization, they felt that if these and any other procedures necessary should be done transparently and fairly. The decisions to participate would significantly be influenced by possibility of risk to the unborn baby or the newborn. Solidarity was an important influence on decision-making. Conclusions Respondents valued participation in RCTs in emergency obstetric and newborn care. However, they expressed concerns and valued openness, transparency and accountability with regard to how clinical trials information is disclosed and the decision-making process for clinical trial participation. While autonomy and solidarity are contradictory values, they complement each other during decision-making for informed consent. (shrink)

This study provides evidence that personality traits associated with responsiveness to conscious reward cues also influence responsiveness to unconscious reward cues. Participants with low and high levels of Novelty Seeking performed updating tasks in which they could either gain 1 euro or 5 cents. Gains were presented either supraliminally or subliminally at the beginning of each trial. Results showed that low NS participants performed better in the high-reward than in the low-reward condition, whereas high NS participants’ performance did not differ (...) between reward conditions. Interestingly, we found that low NS participants performed significantly better when rewards were presented unconsciously, whereas high NS participants’ performance did not differ whether reward cues were presented subliminally or supraliminally. Our findings highlight the necessity of taking personality into account in unconscious cognition research. They also suggest that individual differences might determine whether implicit and explicit motives have similar or complementary influences. (shrink)

In February 1999, I received a call from a lawyer at Hill Abra Dewar stating that she had instructions to retain my services as an expert witness in the case of Sawatzky v. Riverview Health Centre. She was representing the Manitoba League of Persons with Disabilities which had intervenor status.In Canada the admission of expert testimony depends upon the application of four criteria outlined in R. v. Mohan by Justice Sopinka. These criteria are: relevance; necessity in assisting the trier (...) of fact, the absence of any exclusionary rule; and a properly qualified expert. The lawyer believed that I could provide the court with relevant, reliable ethics testimony about surrogate decision-making and about medical futility-information that likely would be outside the experience and knowledge of the trier of fact. (shrink)

In February 1999, I received a call from a lawyer at Hill Abra Dewar stating that she had instructions to retain my services as an expert witness in the case of Sawatzky v. Riverview Health Centre. She was representing the Manitoba League of Persons with Disabilities which had intervenor status.In Canada the admission of expert testimony depends upon the application of four criteria outlined in R. v. Mohan by Justice Sopinka. These criteria are: relevance; necessity in assisting the trier (...) of fact, the absence of any exclusionary rule; and a properly qualified expert. The lawyer believed that I could provide the court with relevant, reliable ethics testimony about surrogate decision-making and about medical futility-information that likely would be outside the experience and knowledge of the trier of fact. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:113 HUME ON LIBERTY, NECESSITY AND VERBAL DISPUTES Although Hume's discussion "Of Liberty and Necessity" in Section VIII of the first Enquiry has become a paradigm of compatibilism with respect to the issue of free will and determinism, it is not without its perplexing features. For instance, it is far from clear how Hume's arguments and illustrations help to establish his claim that "The same motives always (...) produce the same actions: The same events follow from the same causes." Nor is it obvious that Humean liberty is reconcilable with Humean causation or constant conjunction, or that the latter takes the sting out of determinism and makes the case for compatibilism more plausible. In this paper I want to examine a further, perhaps related, perplexing feature of Hume's discussion, namely, his contention that the dispute concerning liberty and necessity has been a merely verbal one. Although perhaps portions of the dispute may turn "merely upon words" as Hume contends, still it seems extreme to claim that the "whole controversy" is of this nature. I shall begin by examining the notion of a merely verbal dispute as it is discussed by Hume in other parts of his philosophy, and shall isolate three conditions for such a dispute. I shall then show why the dispute over liberty and necessity as presented in the Enquiry fails to meet these conditions. I want to suggest that there is a tension between Hume's psychological account of particular mistaken beliefs or natural illusions and his views about particular verbal disputes involving these beliefs. Even if this tension can be eased or eliminated, it will not make the dispute about liberty and necessity verbal. 114 Before we can hope to assess Hume's claim that the dispute about liberty and necessity is a merely verbal one, we must be clear on what hé understands by such a dispute. Fortunately, the notion is discussed in each of his four most important philosophical works — the Treatise, the two Enquiries and the Dialogues Concerning Natural Religion. Perhaps the most detailed discussion is found in the Appendix to the second Enquiry, where Hume examines an apparent disagreement discovered in a comparison of various natural languages over the question of whether particular personal qualities are virtues or rather talents (and the corresponding question of whether other qualities are vices or rather defects). In contending that the disagreement is merely verbal, Hume has two important things to say. First, he notes that "I do not find that in the English, or any other modern tongue, the boundaries are exactly fixed between virtues and talents, vices and defects, or that a precise definition can be given of the one as contradistinguished from the other." (E 313) Secondly, he states, "...it is no wonder that languages should not be very precise in marking the boundaries between virtues and talents, vices and defects; since there is so little distinction made in our internal estimation of them." (E 314) Hume goes on to point out that the sentiments which arise from the contemplation of qualities that are designated virtues are similar to those which arise from the contemplation of qualities which in some languages are designated talents. (E 316) 115 The preceding comments suggest an account of the nature of verbal disputes along the following lines. In a verbal dispute there is an underlying agreement about specific impressions, perceptions or experiences of objects. Thus, in the case of the dispute about whether specific qualities are talents or virtues, this would include the fact that the qualities elicit a similar feeling of approval for Hume whether they are designated in one way or the other. Moreover, Hume's comment about the lack of a clear distinction between "virtue" and "talent" implies that the terms express or refer to ideas that are compatible, that is, both of which can apply to a given object. Hence, there can be instances of qualities which fall under both designations. Given the underlying "factual" agreement between the parties to the dispute and given the compatibility of ideas, it would seem that for Hume in a verbal dispute there is no real disagreement between them and neither party is mistaken. Consequently... (shrink)

Traditionally, attempts at resolving the problem of accounting for the possibility of human freedom against the background of determinism have assumed that the options available are to: endorse determinism and deny human freedom, deny determinism in order to make room for human freedom, or find a compatibilist reconciliation. Commonly, the problem is addressed from an 'externalist' perspective. In the dissertation, the issue is refocused upon the positions of 'internalists' such as Frankfurt, Watson, Taylor, and Wolf. Their compatibilist approaches emphasize the (...) importance of first person, psychological characteristics of agents as the salient determinants of human freedom. But each of these internalist approaches are found to be wanting. Consequently, the dissertation considers an alternative internalist view, that of Spinoza. I examine in detail Spinoza's concept of freedom, as it emerges from his overall metaphysical system, and note that his compatibilism not only affirms determinism, but further holds that a certain kind of necessity is a prerequisite to any coherent account of freedom. I then proceed to show that, by comparison with the views of the aforementioned contemporary compatibilists, only Spinoza's concept of freedom can account for a 'developmental' view of human nature, one which depicts the self as engaged in a process of liberation from the sort of psychological determinism which feeds upon ignorance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IT AIN'T NECESSITY, SO... (With Apologies to George Gershwin) I shall argue in this paper that what Hume calls the idea of necessary connection is mislabelled, and that what he ought to call the idea of necessary connection is not so labelled. My argument is not that there are, on Hume's view, real necessary connections between causes and their effects but rather that there is an idea of (...) genuine necessary connection — what I call logical necessity — which we all mistakenly believe extends to causal connections. The genesis of this mistake is given a psychological explanation in the Treatise. Precisely how does Hume account for the origin of what he calls our idea of necessary connection? I have argued elsewhere that, whatever the answer, it has little philosophical importance. My reason was that, given Hume's view that causal connections are not necessary, the question must be viewed as one within psychology. Recent work on Hume, however, has convinced me that my former opinion was much too quick. Imlay, for example, has challenged Hume's distinction between demonstrative and probable inference on the grounds that Hume gives only one account of necessity for both 2 mathematical and lawlike truths. As I now see much more clearly, there are important philosophical distinctions that must be made in any full explication of Hume's view of the origin of our idea of causal necessity. I shall attempt an answer to the lead question of the second paragraph. My strategy is as follows. I shall first present a synopsis of Hume's account of our belief in causal necessity. Next, I shall develop 87. 88. a view of logical necessity. Finally, I shall briefly examine the exact genesis of the confusion between logical and causal necessity. Consider the following three propositions: (1)Hume does not believe that there are necessary causal connections. (2)All statements of laws of nature are on Hume's view descriptions of constant conjunctions, the logical form of which is captured by the Russellian " (x) [fx => gx]." (3)This logical form captures Hume's first definition of "cause." On these three propositions I and many other philosophers agree. I and an ever-shrinking number of philosophers also believe that Hume is right. But everyone, according to Hume, in some sense believes that causal connections are necessary; the Humean philosopher knows they are not but acts otherwise, while the ordinary person simply acts without the knowledge. Since everyone believes what is false, only a psychological explanation can be given for why we believe it anyway. Thus, Hume's second definition of "cause", and the view that the idea of necessity arises from the determination of the mind to pass from the impression of a cause to an idea of 3 its effect. The three most salient passages from the Treatise on the production of the idea of necessary connection follow. As we shall see, these passages cannot be understood without considering a number of others. For after a frequent repetition, I find, that upon the appearance of one of the objecte, the mind is determin 'd by custom to consider its usual attendant, and to consider it in a stronger light upon account of 89. its relation to the first object. 'Tis this impression, then, or determination, which affords me the idea of necessity. (T 156) Tho ' the several resembling instances, which give rise to the idea of power, have no influence on each other, and can never produce any new quality in the object, which can be the model of that idea, yet the observation of this resemblance produces a new impression in the mind, which is its real model. For after we have observ 'd the resemblance in a sufficient number of instances, we immediately feel a determination of the mind to pass from one object to its usual attendant, and to conceive it in a stronger light upon account of that relation. This determination is the only effect of the resemblance; and therefore must be the same with power or efficacy, whose idea is deriv 'd from the resemblance. The several instances of resembling conjunctions leads us into the notion of power and necessity.... Necessity, then... (shrink)

In _The Morality of Defensive Force_, Quong defends a powerful account of the grounds and conditions under which an agent may justifiably inflict serious harm on another person. In this paper, I examine Quong's account of the necessity constraint on permissible harming—the RESCUE account. I argue that RESCUE does not succeed. Section 2 describes RESCUE. Section 3 raises some worries about Quong's conceptual construal of the right to be rescued and its attendant duties. Section 4 argues that RESCUE does (...) not deliver the verdicts that Quong wants. In those sections, I assume that the attacker is culpable for the threat he poses. Section 5 considers cases where the attacker, though responsible for the wrongful threat he poses and therefore liable to defensive force, has an epistemic justification for acting as he does and thus is not morally culpable. In his discussion of necessity, Quong does not explicitly deal with such cases. I suggest that RESCUE does not operate in the same way when attackers are mistaken as when they are morally culpable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Possibility and Necessity in the Time of Peter Abelard by Irene BininiWolfgang LenzenIrene Binini. Possibility and Necessity in the Time of Peter Abelard. Investigating Medieval Philosophy Series. Leiden: Brill, 2021. Pp. xii + 326. Hardback, $166.00.This book is an impressive work written by a young Italian scholar who received her PhD only five years ago in Pisa. It is divided into three parts. Part 1 gives (...) a survey of "Early 12th-Century Debates on Modal Propositions"; part 2 is devoted to "Abelard's Modal Logic"; [End Page 327] part 3 deals with the views of "Abelard on the Metaphysics and Epistemology of Modalities." The author displays a profound knowledge of the relevant literature. The primary sources comprise twenty manuscripts preserved in various European libraries, plus forty-eight printed works (from Abelard to William of Sherwood). The list of secondary sources contains altogether 136 items from A (Astroh) to Z (Zagzebski), but, interestingly, it does not mention a monograph that, by its very title, claims to give an exposition of Abelard's logic, namely Maria Teresa Beonio-Brocchieri Fumagalli's La Logica di Abelardo (Firenze: La Nuova Italia, 1964).As far as I can judge (as a nonnative English-speaker), the linguistic quality of Binini's book is quite good. The explanations in the main text, including the translations from Latin sources, are easily comprehensible, and the many quotations (distributed over no less than 655 footnotes) are almost without any fault. Thus, the book rightly deserves inclusion in the prestigious series Investigating Medieval Philosophy. Yet, at least according to my taste, the book contains many redundancies. Again and again, the author first explains a certain issue at some length, then confirms the correctness of her interpretation by means of a longer (English) quotation, and finally reconfirms it by fully quoting the Latin text in the footnotes.As Binini explains in the book's concluding chapter, her aim is to present "an all-encompassing reflection on [Abelard's] works on modalities" and "a comparison between these works and the parallel reflections advanced by other masters and logicians in the early 12th century" (308). She undoubtedly achieves this goal. The comparison of Abelard's views on possibility and necessity with the views of other logicians is mainly carried out in chapters 1–3. Ancient and early medieval logicians such as, in particular, the Stoics and Boethius favored the basic idea that "something," p, is necessary if and only if p is always the case (or true). Accordingly, p is possible if and only if p is at least sometime the case. Abelard, however, was not willing to accept that each possibility has to become realized at some time. He instead offered a "nature-based characterization of possibility" that can "account for unrealized, past, counterfactual, and even unactualizable possibilities" (308). Abelard's idea is that something, x, is possibly a P if and only if the property of being P is compatible with the nature of x. Hence this view basically amounts to a de re conception of possibility that attributes modalities to things, while the temporal view attributes modal properties primarily to propositions (or states of affairs) and hence can be labeled de dicto (or de sensu).Let us now turn to Binini's twofold aim (as formulated on the back cover of her book) to present a "uniform and consistent" reassessment of Abelard's theory of modalities and of his modal logic. The former task is tackled in chapters 8–10. After summarizing, in chapter 8, Abelard's general views on "Nature and Modalities," chapter 9 is devoted to a detailed discussion of the "Many Senses of Possibility." In five consecutive sections, Binini investigates the conception of (1) possibility as "non-repugnancy with nature" (illustrated by the thesis that "any man can be a bishop" [235]); (2) unrealizable but "conceivable" possibilities (such as the existence of humans lacking the ability to laugh [240]); (3) determinate potencies (like that of an amputee who nevertheless "can walk" [248]); (4) past and counterfactual potencies (like that of a blind person who might be able to see); and (5) other puzzling de re possibilities (such as "irrational humans" [261]).The final... (shrink)

The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights distributed (...) on its basis. In order to avoid such contradictions, easements by necessity must be incorporated into the libertarian theory of property rights and the homestead principle must be truncated accordingly. (shrink)

The aim of this paper is to explore whether and how the Five-Factor Model (FFM) of personality – also known as the Big Five – may be relevant to psychology of religion. First, we review empirical research which has used Eysenck's taxonomy. Second, after a brief presentation of the FFM, we hypothesize, on the basis of research in the Eysenck framework as well as on the basis of research in psychology of religion generally, how each of the five factors may (...) be related to religiosity. Third, we insist on the necessity of including gender differences when studying the association between personality and religion. Fourth, we discuss the results from an exploratory study on religiousness and the FFM (Saroglou, 1998) and we compare the results of this study with the few studies on Big Five to have used religious variables. Finally, the discussion focuses on the importance of personality taxonomies when studying religiosity and on the usefulness of the FFM for this purpose. (shrink)

There is much that I admire in Richard Moran's account of how first‐person authority may be consistent with self‐knowledge as an achievement. In this paper, I examine his attempt to characterize the goal of psychoanalytic treatment, which is surely that the patient should go beyond the mere theoretical acceptance of the analyst's interpretation, and requires instead a more intimate, first‐personal, awareness by the patient of their psychological condition.I object, however, that the way in which Moran distinguishes between the deliberative (...) and the theoretical attitudes is ultimately inconsistent with a satisfactory account of psychoanalytic practice; mainly because, despite Moran's claims to the contrary, such a distinction is still inspired by a Cartesian picture of the self. I argue that, in the light of his distinction, Moran may emphasize that an agent's psychological dispositions should be permeable to her decisions and projects, but is forced to reject the idea that permeability could go the other way too. I explore Bernard Williams' notion of acknowledgment and Simone Weil's distinction between two notions of necessity, in order to articulate a notion of receptive passivity which may help us to characterize this second direction of permeability. I finally outline why receptive passivity (and, thereby, the double direction of permeability) is crucial in order to identify the goal of psychoanalytic treatment and, derivatively, to understand how a certain kind of awareness may have a significant therapeutic effect. (shrink)

The COVID-19 pandemic has, of necessity, demanded the rapid incorporation of virtual technologies which, suddenly, have superseded the physical medical encounter. These imperatives have been implemented in advance of evaluation, with unclear risks to patient care and the nature of medical practice that might be justifiable in the context of a pandemic but cannot be extrapolated as a new standard of care. Models of care fit for purpose in a pandemic should not be generalized to reconfigure medical care as (...) virtual by default, and personal by exception at the conclusion of the emergency. (shrink)

Kant criticizes the so-called ‘preformation’ hypothesis – a nativist account of the origin of the categories – at the end of the B-Deduction on the ground that it entails scepticism. I examine the historical context of Kant's criticism, and identify the targets as both Crusius and Leibniz. There are two claims argued for in this paper: first, that attending to the context of the opposition to certain forms of nativism affords a way of understanding Kant's commitment to the so-called ‘discursivity (...) thesis’, by contrasting the possession conditions for the categories with those for innate ideas; secondly, it provides an insight with regard to Kant's understanding of the dialectic with scepticism. Kant's claim is that a certain explanatory lacuna that attaches to Humean empiricism can be seen to apply equally to any nativist theory. The lacuna concerns the explanation of the modal purport of a priori necessity, i.e. how it is that our consciousness can even distinguish contents that are represented as necessary features of objects.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Kant on Nativism, Scepticism and NecessityVolume 18, Issue 1John Callanan DOI: https://doi.org/10.1017/S136941541200026XYour Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Kant on Nativism, Scepticism and NecessityVolume 18, Issue 1John Callanan DOI: https://doi.org/10.1017/S136941541200026XAvailable formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Kant on Nativism, Scepticism and NecessityVolume 18, Issue 1John Callanan DOI: https://doi.org/10.1017/S136941541200026XAvailable formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

How should autonomous vehicles be programmed to behave in the event of an unavoidable accident in which the only choice open is one between causing different damages or losses to different objects or persons? This paper addresses this ethical question starting from the normative principles elaborated in the law to regulate difficult choices in other emergency scenarios. In particular, the paper offers a rational reconstruction of some major principles and norms embedded in the Anglo-American jurisprudence and case law on the (...) “doctrine of necessity”; and assesses which, if any, of these principles and norms can be utilized to find reasonable guidelines for solving the ethical issue of the regulation of the programming of autonomous vehicles in emergency situations. The paper covers the following topics: the distinction between “justification” and “excuse”, the legal prohibition of intentional killing outside self-defence, the incommensurability of goods, and the legal constrains to the use of lethal force set by normative positions: obligations, responsibility, rights, and authority. For each of these principles and constrains the possible application to the programming of autonomous vehicles is discussed. Based on the analysis, some practical suggestions are offered. (shrink)