The merited response argument is an argument in favor of artistic ethicism. According to this view, the interaction between art and morality is such that a moral defect in a work of art negatively influences the work's artistic value (and a moral merit, when relevant, is always an artistic merit). I contend that the argument relies on a criterion of aesthetic and artistic relevance that, when properly understood, fails to constitute a premise that either the (...) artistic contextualist or the autonomist would accept. I then offer a version of the merited response argument that supports artistic contextualism and argue that, given certain controversial assumptions, immoral art in the Western tradition is more common than typically acknowledged in the recent literature on the topic. (shrink)

In attempting to answer whether Nabokov’s Lolita can be described as an unethical novel, the author ponders on what basis one could make such a determination. At (1) the author analyzes the merited-response argument offered by Gaut (and previously Hume and Carroll), which provides a conceptual framework for the resolution of the controversy surrounding Lolita. Based on this analysis, (2) the author decides what constitutes the novel’s ethical foundation and what (3) prescriptions and (4) responses can follow (...) from it. (shrink)

This article proposes a way of connecting two levels at which scholars have studied discursive practices from a normative perspective: on the one hand, local transactions-face-to-face arguments or dialogues-and broadly dispersed public debates on the other. To help focus my analysis, I select two representatives of work at these two levels: the pragmadialectical model of critical discussion and Habermas's discourse theory of politicallegal deliberation. The two models confront complementary challenges that arise from gaps between their prescriptions and contexts of actual (...) discourse. In response, I propose a theory of argument cogency that distinguishes three kinds of merit: content, transactional, and public. Normative links between the two levels arise through the ways argument contents spread across multiple transactions in a social space whose structure and composition favor collective reasonableness. (shrink)

A series of arguments are presented by De Jong & Merckelbach which suggest that biological preparedness has been received significantly less critically than it should have been. I agree fully with their assessment. Cuthbert raises four questions about the applicability of the expectancy bias hypothesis to selective associations in human conditioning. This response argues that none of these four examples is necessarily problematic for the hypothesis.

"Nearly all the essays are theoretically informed, argumentative, and exceptionally interesting; nearly all try to paint the merits (and demerits) of utilitarianism as a political philosophy in the light of attempted solutions to theoretical problems that are explored in some detail. The result is a searching, thoughtful volume." --Ethics "The Utilitarian Response is unique in the breadth of problems and questions in utilitarian theory covered. It is more suggestive of strategies by which contemporary utilitarianism could be improved than a (...) comprehensive reply to recent objections to utilitarianism. It should be of great interest to scholars in ethical theory and political philosophy. It would also serve well as a text for a graduate level seminar, if accompanied with readings in the area of recent objections to utilitarianism." --Utilitas Utilitarianism is an important component of both popular and academic responses to the problems of ethics and public policy. Over the past two decades, it has lost some ground to rival theories, such as: contractarian, libertarian and natural rights. This book explores the capacity of utilitarianism and the existing challenge of reviving it in political theory. Primary attention is given to questions on the intellectual coherence and moral acceptability of utilitarian responses to practical dilemmas, including health care, punishment, and electoral arrangements. Also examined are the relationships between private ethics and public policy, utility and freedom, utility and democracy, and the role and limitations of states, both locally and internationally. The Utilitarian Response is a broad and contemporary account of utilitarian theory as it exists today. It explores the continuing applicability of utilitarian thought to current practical and interrelated issues of ethics, economics, and politics. An ideal resource for scholars in political philosophy and political theory. (shrink)

Stakeholder theory usually focuses on the moral responsibility of corporations towards their stakeholders. This article takes the reverse perspective to shed light on the moral responsibility of stakeholders—specifically, investors or 'financiers'. It explicates a distinction between two types of financiers, creditors and shareholders. Many intuitively judge that shareholders have greater or more extensive moral responsibility for the actions of the corporations they invest in than do bondholders and other creditors. Examining the merits of possible arguments for or against treating owners (...) and creditors differently elucidates which arguments can support the moral duties of investors generally, and different duties for different groups of investors specifically. The paper considers three possible lines of arguments, rooting investors' responsibility, respectively, in how they enable corporate conduct, how they benefit from it, and to what extent they are complicit in it. The paper argues that a notion of complicity is the only tenable ground for holding investors liable; sketches an account of complicity based on the recent philosophical literature on collective intention and collective action; and concludes that shareholders but not creditors can generally be seen as complicit on this account. (shrink)

Climate change is confronting African farmers with growing uncertainties. Advances in seasonal climate predictions offer potential for assisting farmers in dealing with climate risk. Experimental cases of forecast dissemination to African rural communities suggest that participatory approaches can facilitate understanding and use of uncertain climate information. But few of these studies integrate critical reflections on participation that have emerged in the last decade which reveal how participatory approaches can miss social dynamics of power at the community level and in the (...) broader context. Furthermore, neither climate application research nor theoretical critiques of participation fully examine the culturally constructed nature of participation. Drawing on sociolinguistic analysis, in-depth interviews, and ethnographic observation, this paper examines how Ugandan farmers engage in participation in the context of discussions of seasonal climate forecasts. Forecasts were presented to farmers groups whose members were then asked to discuss the forecast among themselves. In doing so, groups sought to develop a common understanding of the forecast and consensual plans for response strategies. Focusing on one particular group meeting as an example, we show how different cultural styles of participation affect the interpretation of the forecast and the formulation of response strategies. Group interaction is shown to be mostly structured around two styles of participation. On the one hand, there is the “Western” style advocated by NGOs and the government, which centers on ensuring that all individuals who are present have opportunities to speak during discussion and to vote on group decisions. On the other hand, a “Kiganda” style of participation emphasizes the importance of affirming ties to a collectivity, respect for social hierarchy, deployment of good manners, and consensus building. The case study illuminates how the performance of different styles of participation is grounded in localized frameworks of language and culture but also draw on political and policy discourses at the national level. Although a cultural high value on consensus may work in favor of prominent members, the availability of multiple styles of participation also enables group members to exercise their agency in positive ways. Attention to the interplay of different styles of participation throws light on the subtle social processes that shape how knowledge is assessed, which sources are trusted, which and whose interpretations prevail, what options are deemed viable, how costs and benefits are calculated, and whose resources are mobilized in the effort to reduce vulnerability to climate risk. These are key questions for an assessment of the role of boundary organizations, such as farmer associations, in the communication and application of climate forecasts in agriculture. (shrink)

There is yet one more proposed solution to the argument from evil which merits attention. Though it does have elements in common with other proposed solutions in that it postulates a justifying end to account for the existence of all evil, it is different in that evil is viewed as nothing more than a polluting by-product of the proper functioning of the laws of nature in their industrious manufacture of the summum bonum. The unimpeded functioning of the laws of (...) nature is seen as necessary for the production and creation of a justifying (indiscernible) end and evil or suffering is merely a foreseen but unfortunate by-product of this natural machinery. The place and function of evil in this solution is what is novel: it is not a greatness-making property, nor is it a punishment or warning from on high, nor is its usefulness an aesthetic or contrasting one, nor is it the result of free will. Evil is admitted as just plain evil; it itself plays no role to serve the valuable end, which is precipitated by the unimpeded operation of natural laws upon the universe. Evil here is seen to play the same role that pollution might: it is a foreseen and unfortunate consequence of the means used to produce the coveted final product. -/- Professor Clement Dore, in his book entitled Theism,[1] introduces this solution in which evil itself plays no role to serve an enormously valuable end, yet is necessitated by this end. However, in order for the theist to be in a position to defend Dore's claim, a viable interpretation of the justifying, indiscernible end, must be proposed. To assess the validity of Dore's schema, four apparently exhaustive interpretations of the justifying end will be presented. It will be argued here that each of these possible interpretations is, in one respect or another, inadequate. The result is that the concept of the justifying, indiscernible end and its relation to Dore's overall schema lacks lucidity. In addition, other problems with this solution will be discussed in order to show that severe flaws exist in the solution as a whole. (shrink)

Abstract: Most commentators have assumed that Lucretius's symmetry argument against the fear of death is flawed. There remains, however, dispute as to what the flaw is. After establishing what I understand the target of Lucretius's argument to be (a desire for a longer life as such), I argue for a novel interpretation of what the flaw is, namely, that extending one's life into the time before one was actually born would be an uncertain bet for one who wanted (...) to extend his life, whereas extending one's life beyond the time one actually dies is a sure bet. This account of what the flaw is has the particular merit of relying only on simple concepts used in everyday reasoning and thus can explain why Lucretius's argument gains no traction even in the absence of sophisticated philosophical analysis. (shrink)

What does the world's engagement with the unfolding crisis in Darfur tell us about the impact of the Iraq war on the norm of humanitarian intervention? Is a global consensus about a “responsibility to protect” more or less likely? There are at least three potential answers to these questions. Some argue that the merging of strategic interests and humanitarian goods amplified by the intervention in Afghanistan makes it more likely that the world's most powerful states will act to prevent or (...) halt humanitarian crises. Others insist that the widespread perception that the United States and its allies “abused” humanitarian justifications to legitimate its invasion of Iraq has set back efforts to build a global consensus about humanitarian action. A third group argues that the “responsibility to protect” inhibits the potential for abuse and, as a result, consensus is likely to strengthen post-Iraq for precisely this reason. Through a detailed study of the international engagement with Darfur, I suggest that the latter two arguments have merit but need to be adjusted. I argue that the humanitarian intervention norm has changed in two subtle ways. First, while the strength of the norm itself has not changed, the credibility of the United States and U.K. as “norm carriers” has been significantly undermined. Second, while the “responsibility to protect” has been invoked to support international activism, it has also re-legitimated anti-interventionist arguments. (shrink)

The classic charge against Freudian theory is that the therapeutic success of psychoanalysis can be explained without appeal to the mechanisms of repression and insight. Whatever therapeutic success psychoanalysis might enjoy would then provide no support for the diagnostic claim that psychological disorders are due to repressed desires or for the therapeutic claim that the gains in psychoanalysis are due to insight into repressed causes. Adolf Grünbaum has repeated the charge in The Foundations of Psychoanalysis (1984), arguing that Freud's (...) class='Hi'>response to it in what he calls the "Tally Argument" is woefully inadequate. Grünbaum claims that Freud's defense depends on the view that only psychoanalytic techniques can yield therapeutic effects, and therefore that the transience of some psychoanalytic "cures", the existence of alternative treatment modalities, and the frequency of spontaneous remission undermine Freud's defense of psychoanalysis. I argue that, whatever the merits of psychoanalysis, Freud is not logically committed to any view as extreme as that attributed to him by Grünbaum; and, furthermore, Grünbaum's rendering of Freud is historically inaccurate. (shrink)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic (...) efficiency. By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

Harry Frankfurt has famously criticized the principle of alternate possibilities—the principle that an agent is morally responsible for performing some action only if able to have done otherwise than to perform it—on the grounds that it is possible for an agent to be morally responsible for performing an action that is inevitable for the agent when the reasons for which the agent lacks alternate possibilities are not the reasons for which the agent has acted. I argue that an incompatibilist about (...) determinism and moral responsibility can safely ignore so-called “Frakfurt-style cases ” and continue to argue for incompatibilism on the grounds that determinism rules out the ability to do otherwise. My argument relies on a simple—indeed, simplistic—weakening of the principle of alternate possibilities that is explicitly designed to be immune to Frankfurt -style criticism. This alternative to the principle of alternate possibilities is so simplistic that it will no doubt strike many readers as philosophically fallow. I argue that it is not. I argue that the addition of one highly plausible premise allows for the modified principle to be employed in an argument for incompatibilism that begins with the observation that determinism rules out the ability to do otherwise. On the merits of this argument I conclude that deterministic moral responsibility is impossible and that Frankfurt ’s criticism of the principle of alternate possibilities—even if successful to that end—may be safely ignored. (shrink)

Basic desert is central to the dispute between compatibilists and incompatibilists over the four-case manipulation argument. I argue that there are two distinct ways of understanding the desert salient to moral responsibility; moral desert can be understood as a claim about fitting responses to an agent or as a claim about the merit of the agent. Failing to recognize this distinction has contributed to a stalemate between both sides. I suggest that recognizing these distinct approaches to moral desert will (...) help clarify a central source of disagreement between compatibilists and incompatibilists and assist both sides in resolving the current stalemate. (shrink)

Boran Berčić, in the second volume of his recent book "Filozofija" , offers two responses to David Chalmers’s conceivability or modal argument against physicalism. This latter argument aims at showing that zombies, our physical duplicates who lack consciousness, are metaphysically possible, given that they are conceivable. Berčić’s first response is based on the principle of the uniformity of nature that states that causes of a certain type will always cause effects of the same type. His second (...) class='Hi'>response is based on the assumption that the basic statements of physicalism in philosophy of mind are or should be contingently true. I argue that if Berčić’s first defence is aimed at the conceivability of zombies, it is unsatisfactory. Moreover, I argue that a quite similar argument, offered by John Perry in his book "Knowledge, Possibility and Consciousness" , is afflicted by a similar problem. Nevertheless, under a more plausible interpretation, Berčić’s argument might be taken to attack the metaphysical possibility of zombies. This version of the argument might be effective and has the merit to point out a so far overlooked link between the discussion of the Chalmers’s conceivability arguments against physicalism and the modal strength of causal links and natural laws. Then, I argue that Berčić’s second defence of physicalism, which cannot be combined consistently with his first one, in any case, should not be formulated in the terms of contingent physicalism. (shrink)

This paper aims to reconstruct the overarching logical structure of Michael Williams's response to philosophical skepticism. One goal is to forestall overhasty dismissals of his position based on failures to understand the logical relations among his various anti‐skeptical claims and arguments. In many places, Williams suggests that the strategy he calls “theoretical diagnosis” is sufficient to defuse the skeptical challenge and that, accordingly, his anti‐skeptical strategy consists solely in developing theoretical diagnoses. According to the account developed here, this claim (...) is misleading—in need of significant qualification, if not outright false. Even so, the paper concludes that, in its essentials, Williams's response is structurally sound, given his understanding of the problem posed by skepticism. The paper ends with a brief assessment of the merits of that response. (shrink)

H. Collins has challenged the empiricist understanding of experimentation by identifying what he thinks constitutes the experimenter’s regress: an instrument is deemed good because it produces good results, and vice versa. The calibration of an instrument cannot alone validate the results: the regressive circling is broken by an agreement essentially external to experimental procedures. In response, A. Franklin has argued that calibration is a key reasonable strategy physicists use to validate production of results independently of their interpretation. The physicists’ (...) arguments about the merits of calibration are not coextensive with the interpretation of results, and thus an objective validation of results is possible. I argue, however, that the in-situ calibrating and measurement procedures and parameters at the Large Hadron Collider are closely and systematically interrelated. This requires empiricists to question their insistence on the independence of calibration from the outcomes of the experiment and rethink their position. Yet this does not leave the case of in-situ calibration open to the experimenter’s regress argument; it is predicated on too crude a view of the relationship between calibration and measurement that fails to capture crucial subtleties of the case. (shrink)

Over 1000 companies have either curtailed or else completely ceased operations in Russia as a response to its invasion of Ukraine, a mass corporate exodus of a speed and scale which we’ve never seen. While corporate withdrawal appears to have considerable public support, it’s not obvious that it has done anything to hamper the Russian war effort, nor is it clear what the long-run effects of corporate withdrawal as a regularised response to war might be. Given this, it’s (...) important the evaluate the ethical merits of such a response. In this paper I critique what I take to be the two most common arguments given in favour of voluntary corporate withdrawal, which I label ‘the instrumental argument’ and ‘the clean hands argument’ respectively. After illustrating their shortcomings, I reframe corporations’ predicament as a ‘spattered hands’ case—one where they may do good by remaining in a war-waging state, but where they contribute indirectly to grave wrongdoing by doing so. Drawing on ideas from the ‘Business for Peace’ and ‘Business and Human Rights’ literature, I highlight the potentially positive role of corporate presence within war-waging countries, before highlighting four considerations which corporations ought to bear in mind when determining whether to withdraw, or whether it is the lesser evil to stay and to let their hands be spattered. (shrink)

This book is a critical introduction to the long-standing debate concerning the conceptual foundations of quantum mechanics and the problems it has posed for physicists and philosophers from Einstein to the present. Quantum theory has been a major infulence on postmodernism, and presents significant problems for realists. Keeping his own realist position in check, Christopher Norris subjects a wide range of key opponents and supporters of realism to a high and equal level of scrutiny. With a characteristic combination of rigour (...) and intellectual generosity, he draws out the merits and weaknesses from opposing arguments. In a sequence of closely argued chapters, Norris examines the premises of orthodox quantum theory, as developed most influentially by Bohr and Heisenberg, and its impact on varous philosophical developments. These include the ideas developed by W.V Quine, Thomas Kuhn, Michael Dummett, Bas van Fraassen, and Hilary Puttnam. In each case, Norris argues, these thinkers have been influenced by the orthodox construal of quantum mechanics as requiring drastic revision of principles which had hitherto defined the very nature of scientific method, causal explanati and rational enquiry. Putting the case for a realist approach which adheres to well-tried scientific principles of causal reasoning and inference to the best explanation, Christopher Norris clarifies these debates to a non-specialist readership and scholars of philosophy, science studies and the philosophy of science alike. Quantum Theory and the Flight From Realism suggests that philosophical reflection can contribute to a better understanding of these crucial, current issues. (shrink)

In our earlier work, we argued, contra Searle, that institutional facts can be understood in terms of non-institutional facts about actions and incentives. Butchard and D’Amico claim that we have misinterpreted Searle, that our main argument against him has no merit and that our positive view cannot account for institutional facts created via joint action. We deny all three charges.

I argue against responsibility arguments that offer a defence of abortion even on the assumption that the fetus is a person. I focus on argumentation originally offered by Judith Jarvis Thomson and then later defended by David Boonin. I offer thought experiments meant to show that, under certain conditions, one bears moral responsibility for creating a fetus. I then offer a positive argument for when one is morally responsible for the creation of a fetus. This argument relies on (...) the presence of other forms of sex that reasonably approximate the goods of penile-vaginal intercourse. Given the presence of these options, sexual partners who engage in penile-vaginal intercourse bear moral responsibility for the creation of the fetus. While I do not think this argument settles the abortion debate – there still may be other ways to successfully defend abortion – it does explain why responsibility arguments like those offered by Thomson fail. (shrink)

This dissertation assesses the value of Cartesian conceivability arguments, with particular attention given to three contemporary debates surrounding the mind-body problem. Saul Kripke's separability argument utilized new developments surrounding the nature of necessity and the reference of proper names. For all its merit, the Kripkean separability argument is open to serious criticisms. I examine several standard objections to Kripke's arguments and maintain that none are successful. I also maintain, however, that it is possible to show, contrary to what (...) Kripke presupposes, that conceivability is not a reliable guide to possibility. I develop a new form of one of the standard objections, specifically, the objection that Kripke is mistaken in presupposing that conceivability is a reliable guide to possibility. I maintain that this objection is ultimately defensible. Next I examine the Cartesian arguments developed by David Chalmers in his The Conscious Mind. Chalmers relies heavily on conceivability arguments and has made the notion of a "philosophical zombie" something of a commonplace in attacks on physicalism. It is Chalmers's view that physicalism requires a strong supervenience thesis to the effect that all facts are dependent on or determined by physical facts. But according to Chalmers, this thesis is false because zombies are conceivable. It will be shown that Chalmers's arguments are vulnerable to the same types of criticisms that befall Kripke. Finally, I will examine a cluster of arguments conveniently called "Mode of Presentation" arguments. Advocates of this type of argument attempt to exploit the fact that if physicalism is true, we still cannot see a priori that phenomenal concepts and physical concepts refer to the same object or state of affairs. They then draw the conclusion that there must be special nonphysical properties associated with our phenomenal concepts which are responsible for the a posteriori nature of the mind-body relation. I will give two arguments showing where the MOP argument goes wrong. (shrink)

This paper considers the question of how immoral elements in instances of humour affect funniness. Comic ethicism is the position that each immoral element negatively affects funniness and if their cumulative effect is sufficient, then funniness is eliminated. I focus on Berys Gaut’s central argument in favour of comic ethicism; the merited response argument. In this journal, Noël Carroll has criticized the merited response argument as illegitimately conflating comic merit with moral merit. I (...) argue that the merited response argument, and hence comic ethicism more generally, is vulnerable to Carroll’s criticism only if the comic ethicist fails to distinguish between three closely-related but distinct concepts; humour, amusement and funniness. By providing separate accounts of these three concepts, I explain how Carroll’s criticism is unsuccessful. In summary, accepting my distinctions between humour, amusement and funniness makes it clear that comic ethicism is the right position. (shrink)

Robert Bass argues that the evidential problem of evil can be strengthened by the application of a Bayesian conditionalization argument. I argue that, whatever the merits of Bayesian conditionalization arguments, they are unsuccessful in substantiating the evidential problem of evil because the problem of evil doesn’t meet the necessary conditions for applying the formula informatively. I offer two examples to show that a successful application of the Bayesian formula must pass two tests, the competency test and the connection test. (...) I then show that the problem of evil passes neither, and is therefore not strengthened by the Bayesian analysis. I conclude that Bass’s reformulated argument poses no substantive threat to theism. (shrink)

Since other readers of Mr. Creed's recent interesting article may find themselves in a similar puzzlement to my own over certain statements there made, I offer this reply in the hope of providing elucidation. It is clear that someone named Adkins has perpetrated something heinous; but that ‘someone’ manifestly holds views which differ in a number of important respects from my own. The most convenient method of demonstrating this fact would be to juxtapose passages of Creed with passages of my (...) Merit and Responsibility; but since space does not permit the juxtaposition of whole passages, I confine myself in the first part of this article to juxtaposing the references. (shrink)

The challenge of accommodating difference has traditionally proved highly problematic for cosmopolitanism proposals, given their inherently universalistic thrust. Today, however, we are acutely aware that in failing to give difference its due, we stand to perpetrate a significant injustice through negating precisely what differentiates diverse groupings and confers on them their identity. Moreover, in an increasingly pluralistic and multicultural world it has become clear that doing justice to difference is an essential prerequisite for the internal flourishing as well as peaceable (...) coexistence of diverse cultural and other groupings. Accordingly, as a corrective for the homogenising presuppositions of highly a universalistic and decontextualised template like the Habermasian, the present paper defends the need for a situated, dialogical approach that can not only accommodate difference but also treat it as a resource for promoting mutual understanding and potentially transformative learning.In thus defending the merits of a situated, dialogical template, the present paper also seeks to shed light on the conditions of its possibility. To this end, I argue the need to transcend significant structural limitations inherent in the Habermasian discourse model, while aspring to preserve and enhance its distinctive strengths. Accordingly, I press the case for a thoroughgoing reappropriation of such core Habermasian tenets as the symmetrical reciprocity requirement, the anticipation of consensus as outcome, and a one-sided emphasis on argumentative deliberation as the sole acceptable means of achieving this. Proceeding thus, I defend the merits of a situated cosmopolitanism grounded in plurivocal transformative dialogue as a counterbalance to an unqualified universalism. Correlatively, I defend openness to otherness under appropriately structured dialogical conditions as the primary prerequisite for a viable cosmopolitanism capable of meeting the needs of an increasingly pluralistic and globalised world. In the process, some notable points of contrast with Richard Shapcott's dialogical template are identified. (shrink)

This paper is a response to an earlier paper by Mark Nelson in which he argues for the claim that the best judges of the merits of arguments for the existence of God are theists whose belief in God is properly basic. I criticise Nelson's argument, and pursue some questions about the significance of the conclusion for which he argues.

Since other readers of Mr. Creed's recent interesting article may find themselves in a similar puzzlement to my own over certain statements there made, I offer this reply in the hope of providing elucidation. It is clear that someone named Adkins has perpetrated something heinous; but that ‘someone’ manifestly holds views which differ in a number of important respects from my own. The most convenient method of demonstrating this fact would be to juxtapose passages of Creed with passages of my (...) Merit and Responsibility; but since space does not permit the juxtaposition of whole passages, I confine myself in the first part of this article to juxtaposing the references. (shrink)

According to the two-tragedies argument proponents of pro-life can justifiably prioritize efforts to prevent abortion rather than miscarriages due to the fact that abortions in contrast to miscarriages involves usually the act of killing. William Simkulet has recently argued against this argument claiming that it fails as it is in conflict with the common sense pro-life view on abortion and leads to an overestimation of the moral value of preventing the ‘second tragedy’, namely the act of killing, compared (...) with the value of preventing the death of an individual. In this article, I argue against to his charges against the two tragedies argument by demonstrating that this argument is not only compatible but also in line with the common sense pro-life view and that the argument does not overestimate moral significance of the act of killing. (shrink)

J. L. Schellenberg’s “problem of divine hiddenness” has generated much discussion. Swinburne has replied with his “responsibility argument,” according to which God allows some nonresistant nonbelief in order to foster the good of human responsibility, with some people tasked with leading others to belief in God. Schellenberg has supplied detailed replies to Swinburne. My goal is to provide a new formulation of the responsibility argument that defuses Schellenberg’s objections.

This chapter examines the case for health care policies aimed at holding obese individuals responsible for their weight and for obesity-related health issues. In particular, it considers the merits of two arguments for policies that would seek to make obese individuals bear some of the higher health care costs associated with being that way. On the fairness argument, it is claimed that such policies would serve the interests of fairness by holding obese individuals to account for irresponsible lifestyle choices (...) that are linked to their higher weight and its associated health risks. On the public health promotion argument, it is claimed that adopting such policies could produce impressive public health benefits: encouraging people to make healthier lifestyle choices, reducing obesity rates, and reducing obesity-related health care spending. Both arguments face serious objections. Contrary to the fairness argument, policies aimed at holding obese individuals responsible for their weight or for related health problems would neither treat people as they deserve to be treated nor make the distribution of health care resources fairer. And contrary to the public health promotion argument, those policies would not produce better health outcomes for society at large. Indeed, they would tend to do just the opposite. Reflection on the shortcomings of those arguments reveals that their conclusion is false: society should not adopt policies aimed at holding obese individuals responsible for their weight or for obesity-related health problems. (shrink)

The Argument from Vagueness for Universalism contends that any non-arbitrary restriction on composition must be vague, but that vague composition leads to unacceptable count indeterminacy. One common response to the argument is that borderline cases of composition don’t necessarily lead to count indeterminacy because a determinately existing thing may be a borderline case of a presently existing concrete composite object. We can collectively refer to such views as versions of the Status Response. This paper argues that (...) the Status Response cannot handle count indeterminacy about various categories of things, such as events, states of affairs, tropes, holes, shadows, and created abstracta, when these are understood in the right way. This makes the Status Response objectionablfy ad hoc, which should lead us to look for alternative ways of resisting the Argument from Vagueness. (shrink)

The anti-metaphysical argument against scientific realism is the following: Knowledge of unobservable entities implies metaphysical knowledge; There is no metaphysical knowledge. Therefore, there is no knowledge of unobservable entities. This argument has strangely received little attention in the profuse literature on scientific realism. This paper claims that the AMA is logically more fundamental than both the pessimistic meta-induction and the underdetermination argument. The second and main claim of this paper is that the instrumentalists’ use of AMA is (...) incoherent. The gist of my argument is that experimental knowledge requires minimally metaphysical knowledge, and that minimally metaphysical knowledge—when associated with empirical knowledge—suffices to yield a minimal knowledge of the unobservable. I then examine and reject two possible responses: minimally metaphysical instrumentalism and algebraic instrumentalism. (shrink)

The failure of the UN Security Council to adequately and effectively address the Syrian crisis has brought renewed scrutiny to the veto and its capricious use during mass atrocity situations. In response to these concerns, the idea of a code of conduct to regulate the exercise of the veto during humanitarian situations is now being increasingly advanced by several states, including France and the United Kingdom. This paper disputes the utility of such a code and argues that it would (...) not make any significant difference to the way mass atrocity crimes are addressed. I examine three core arguments often extended to justify the merit and the utility of the norm: the circumvention argument, the naming and shaming argument, and the Charter reform argument. I show how each of these arguments is undermined by mistaken notions about the norm's procedural effectiveness, and the role the veto plays in cases of what Simon Chesterman calls “inhumanitarian noninterventions.” Additionally, drawing on interviews conducted with diplomats at the United Nations in New York, I present evidence that resistance to a code of conduct comes not only from the permanent five members of the Council but also from the nonpermanent members, further imperiling the idea's capacity to effect change. Ultimately, I contend that the current global effort to curtail the influence of the veto is nothing more than a journey down the rabbit hole: exciting, but ultimately distracting. (shrink)

In two recent articles in this journal Kenneth Himma has launched an attack on what he describes as the of the Free-Will Argument, the first of which he describes as version and the second of which he identifies with Plantinga's Free-Will Defence in God, Freedom, and Evil (1974). In this article I argue for three main claims: (i) that Himma's objections against Free-Will Argument are directed at a straw man; (ii) that Himma's critique of Plantinga's Free-Will Defence is (...) based on a misunderstanding; and (iii) that Himma's critique nevertheless is relevant to Plantinga's relatively neglected (also found in Plantinga's God, Freedom, and Evil), but fails to undermine this further defence due to its reliance on the unjustified assumption that the afterlife is irrelevant to the problem of evil. (shrink)

Having the emotion of pride requires taking oneself to stand in some special relation to the object of pride. According to agency accounts of this pride relation, the self and the object of pride are suitably related just in case one is morally responsible for the existence or excellence of the object of one's pride. I argue that agency accounts fail. This argument provides a strong prima facie defence of an alternate account of pride, according to which the self (...) and the object of pride are suitably related just in case one's relation to the object of pride indicates that one's life accords with some of one's personal ideals. I conclude that the pride relation, though distinct from the relation of moral responsibility, is nonetheless a relation of philosophical interest that merits further attention. (shrink)

The impermanence of human affairs is a major theme in Spinoza’s discussions of political histories, and from our present-day perspective it is both intriguing and ironic to see how this very theme has played out in the evolving fate of Spinoza’s association with atheism. While Spinoza’s contemporaries charged him with atheism in order to impugn his philosophy (and sometimes his character), in our times many lay readers and some scholars portray Spinoza as an atheist in order to commemorate his role (...) as a founder of modern secularism. In this paper, I will argue that Spinoza deserves neither vilification nor praise for being an atheist, for the simple reason that he was not one (unless one employs the term ‘atheism’ in a very peculiar sense). I have chosen the current topic as my contribution to a volume focused on the TTP, the Ethics, and their interrelations because it is precisely these two books which brought about the common reactionary accusation of atheism by Spinoza’s contemporaries. Addressing Spinoza’s 1663 book, Descartes’ Principles of Philosophy, Bayle writes: “Spinoza appears as orthodox in that book about the nature of God.” As we shall shortly see, Descartes too was accused of atheism by some of his contemporaries (though not so by Bayle). The latter designates his target quite explicitly: “[Spinoza’s] Tractatus Theologico Politicus, printed in Amsterdam, in the year 1670, is a pernicious and execrable book which contains all the seeds of the Atheism he plainly discovered in his Opera Posthuma.” François Lamy, in his 1696 Le nouvel athéisme renversé, also focused on the Ethics and the TTP in his attack on Spinoza’s atheism. Bayle’s reference to the Opera Posthuma is ostensibly targeting the Ethics at least primarily, if not uniquely. Even the most suspicious and distrustful mind would have to labor hard in order to find atheism in the Hebrew Grammar, or even in the Tractatus Politicus where Spinoza argues that it is not within the power, and hence right, of the commonwealth to induce people to adopt utterly absurd beliefs, such as “that the whole is greater than its part or that God does not exist.” The TTP and the Ethics are the works where Spinoza launches his merciless attack on anthropocentric thinking and anthropomorphic religion. Spinoza’s panentheism (“quicquid est, in Deo est”) constitutes the metaphysical foundation of the Ethics, and it is repeatedly and clearly alluded to in the TTP. Since it is these two elements – (1) Spinoza’s open assertions of panentheism and (2) his critique of andromorphic conceptions of God – which are the historical grounds for the atheism charge, it seems natural that the merit of this charge should be decided primarily by examination of these two foundational works. I will proceed in the following manner. In the first part of the paper, we will make our first acquaintance with the imputation of atheism by Spinoza’s contemporaries and Spinoza’s response to the charge (or lack thereof). In the second part, I discuss three broad strategies, or hermeneutic avenues, that have been pursued to impute atheism to Spinoza. The first of the three was dominant in Spinoza’s time, while the latter two were employed more recently. These strategies are not mutually exclusive and we can find occasionally various combinations of different shades of these three strategies. In this part, I will also raise some preliminary questions about the cogency of the hermeneutics employed by each strategy. In the third and fourth parts of the paper, I will discuss a small selection of key texts from the Ethics and the TTP, respectively, and argue that the atheist readings fail to make sense of these key passages (unless one adopts an extreme hermeneutics of suspicion which could allegedly find any view harbored in any text). Let me stress that this selection of passages is far from comprehensive, and that dozens of other passages can be adduced to establish the very same point. I hope by the end of the fourth part to convince the reader of the deep problems besetting the atheist readings. In the fifth and last part, I show that both panentheism and the critique of anthropomorphic religion and anthropomorphic conceptions of providence were quite common within rabbinic discourse. Thus, I will argue that if we are not in the business of announcing that both Maimonides and the Kabbalists were atheists, we should avoid the same imputation to Spinoza. Underlying my argument in this final part is the claim that at least some perceptions of Spinoza as an atheist are instances of what could be termed conceptual colonialism, i.e. the enforcement of the categories of a hegemonic culture (in this case, Western Christianity ) on minority cultures (in the current case, rabbinic Judaism). To be clear, this attitude need not be motivated by ill intentions or racism. It is always tempting and easy to explain the unfamiliar through the familiar, but conceptual stagnation and insistence on imposing the categories of the familiar on other cultures may quickly lead to deep distortion and blindness, despite one’s best intentions. Unless one is exceedingly careful to avoid the – completely natural – temptation to impose one’s own categories on a foreign culture (and to look for the coin only under the street light), one is likely to end up with distorted conceptions of the relevant alien culture, despite one’s best intentions. (shrink)

Is the law good? How can it be improved? These questions are frequently addressed, both in traditional doctrinal research and in interdisciplinary legal research. In this article, I elaborate a general argumentative framework for justifying evaluations and recommendations for legislative reform, and I identify the chains of argument for making evaluations and recommendations. This may help researchers to make their arguments explicit and transparent, and then to justify the choices made for each of the steps in the argument. (...) This enables readers - as well as authors - to assess whether the argument’s conclusions are sound and convincing. A key problem in making these arguments concerns the choice of standards for evaluation. I suggest that they can be best understood in terms of the underlying values. In order to make all-things-considered evaluations and normative recommendations, interdisciplinary cooperation between doctrinal, socio-legal, and legal-philosophical researchers is necessary. Therefore, individual researchers will usually have to settle for pro tanto evaluations and recommendations. (shrink)

John Searle's forthcoming book ‘Rationality in Action’ presents a sophisticated and innovative account of the rationality of action. In the book Searle argues against what he calls the classical model of rationality. In the debate that follows Barry Smith challenges some implications of Searle's account. In particular, Smith suggests that Searle's distinction between observer-relative and observer–independent facts of the world is ill suited to accommodate moral concepts. Leo Zaibert takes on Searle's notion of the gap. The gap exists between the (...) reasons that we have for acting and our actions. According to Searle, whenever there is no gap, our actions exhibit irrationality. Zaibert points out a certain obscurity in Searle's treatment of the gap, particularly in connection with Searle's notion of ‘recognitional rationality’. Finally, Josef Moural examines the interactions between Searle's theory of institutions and his theory of rationality, with emphasis on the connections between intentionality and Searle's notion of the ‘background’. (shrink)

Governments are widely viewed by academics and practitioners as the key societal actors who are capable of compelling businesses to practice corporate social responsibility. Arguably, such government involvement could be seen as a technocratic device for encouraging ethical business behaviour. In this paper, we offer a more politicised interpretation of government engagement with CSR where “CSR” is not a desired form of business conduct but an element of discourse that governments can deploy in structuring their relationships with other social actors. (...) We build our argument through a historical analysis of government CSR discourse in the Russian Federation. Laclau and Mouffe's social theory of hegemony underpins our research. We find that “CSR” in the Russian government’s discourse served to legitimise its power over large businesses. Using this case, we contribute to wider academic debates by providing fresh empirical evidence that allows the development of critical evaluation tools in relation to governments’ engagement with “CSR”. We find that governments are capable of hijacking CSR for their own self-interested gain. We close the paper by reflecting on the merit of exploring the case of the Russian Federation. As a “non-core”, non-western exemplar, it provides a useful “mirror” with which to reflect on the more widely used test-bed of Western industrial democracies when scrutinising CSR. Based on our findings, we invite other scholars to adopt a more critical, politicised stance when researching the role of governments in relation to CSR in other parts of the world. (shrink)

The discipline of economics can benefit from a more explicit, systematic, and sustained concern with ontology; that is, with the philosophical analysis of the nature of the social world. Contrary to the argument advanced in these pages by Gerry Steele , critical-realist ontological analysis encourages fruitful economic research in a number of ways: by helping to identify research methods suitable for analyzing economic issues; by promoting the development of key substantive economic concepts; and by helping to reveal and resolve (...) inconsistencies in existing research. (shrink)

I am grateful to Criminal Law & Philosophy for organizing this symposium on my book, Prosecuting Domestic Violence: A Philosophical Analysis (OUP 2009)—and am especially indebted to Professors Kinports and Cowan for their careful, generous, and challenging engagements with my arguments. I am relieved to find that Professors Kinports and Cowan are mostly positive in their evaluation of the book’s merits and delighted to find their critical reflections have offered me the opportunity to think more deeply about the project I (...) undertook in the book.I found much with which to agree in both commentaries. Indeed, I will have little to offer in response to Professor Kinports’ article until the end of my own comments here, except to note that I found her critique of prosecutors-as-community-representatives as illuminating as it was disheartening. Perhaps one way to increase the likelihood that prosecutors might someday act as genuine representatives of their communities (in whole or in part) wou .. (shrink)

The discipline of economics can benefit from a more explicit, systematic, and sustained concern with ontology; that is, with the philosophical analysis of the nature of the social world. Contrary to the argument advanced in these pages by Gerry Steele (2005), critical-realist ontological analysis encourages fruitful economic research in a number of ways: by helping to identify research methods suitable for analyzing economic issues; by promoting the development of key substantive economic concepts; and by helping to reveal and resolve (...) inconsistencies in existing research. (shrink)

In the preceding article John Hunter attempts to show that my criticisms of his position on freedom and responsibility are defective. Hunter believes that my first criticism is directed against his explanation of why so many people have come to believe in the freedom principle. But at no point in my paper do I even consider the merit of that explanation. What Hunter calls my first criticism is in fact merely a preliminary point I make before attacking his arguments against (...) the freedom principle itself. The preliminary point is that in evaluating Hunter's arguments one must bear the following in mind: in some of the examples of unfreedom he provides it is doubtful that the actions are unfree at all; they are at best borderline cases of unfree acts. (shrink)