In hard cases of comparison, people are faced with two options neither of which is conceived of as better, worse, or equally good compared to the other. Most philosophers claim that hard cases can indeed be distinguished from cases in which two options are equally good, and can be characterized by a failure of transitive reasoning. It is a much more controversial matter and at the heart of an ongoing debate, whether the options in (...) class='Hi'>hard cases of comparison should be interpreted as incomparable, on par, or roughly equal. So far, however, none of these claims and interpretations have been tested. This paper presents the first empirical investigation on hard cases, intransitive reasoning, and incomparability. Our results reveal that hard cases present real-world dilemmas in which a significant majority of people violate transitivity. After suggesting a way of operationalizing the notion of incomparability, we provide empirical evidence that the options in some hard cases are not considered to be incomparable. Theories of rough equality or parity seem to provide better interpretations of our results. (shrink)

This influential book makes sense of abstract debates about the nature of law and the rule of law by situating them in the real-world context of apartheid-era South Africa. The new edition examines the transformation in South Africa since the end of apartheid, and the shift in debates surrounding the rule of law post 9/11.

It may seem that there is no need to review such a well-known book. This is the second edition of Peter Singer's text, Practical Ethics. The first edition has been widely used and influential; indeed for many it defines the field of applied ethics. The field is lucky; rarely is such popular work so carefully argued, so factually well informed and so well written. In addition, it is unusual for the author of a basic text to be so daring. Peter (...) Singer deserves credit for placing the interests of animals and famine victims on the agenda of applied ethics, and for making that agenda so prominent in public fora. But it behooves us to scrutinize carefully the power of definitive works as well. What sets the agenda is, for that very reason, more difficult to assess critically. (shrink)

In this article, I distinguish boycotts from other kinds of superficially similar types of actions, and argue that boycotts involve at least coordinated activity on the part of the members of a group to abstain on moral grounds from otherwise normal interaction with the members of another group. Boycotts in their minimal forms do not face high justificatory hurdles, since they involve the exercise of freedom of speech, along with the exercise by members of the boycotting group of basic rights (...) and freedoms, such as the right to associate, freedom of movement, and the like. The justificatory hurdles are greater, though not insurmountable, when boycotts involve the coercion of members of the boycotting group who either disagree with the grounds for boycott, or with the appropriateness of boycotting as a strategy to bring about a morally desirable change, or when they involve defeating the reasonable expectations of members of the boycotted group. I describe the justificatory challenges in both these cases, as well as the ways in which they can be met. (shrink)

This article presents a sociological perspective that suggests that technology should be seen as a means for groups to retain or rearrange social relations. Claiming, first, that the sociotechnical systems approach in technology-and-society studies often tend to bring out harmony and cooperation as an ideal and, second, that central social construc tivists tend to interpret closure and stabilization processes in terms of consensus, this article, instead, argues that technology should be regarded as the outcome of conflicting interests and ideas. To (...) make the perspective plausible, a number of analytic concepts are put forth and illustrated, some case studies are reinterpreted in conflict language, and a few tentative research hypotheses are formulated. (shrink)

Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...) conclusion only depends on the premises, and is independent of the argument that leads to the conclusion.This paper opposes the logical approach, and defends a procedural approach to legal reasoning. Legal conclusions are not true or false independent of the reasoning process that ended in these conclusions. In critical cases this reasoning process consists of an adversarial procedure in which several parties are involved. The course of the argument determines whether the conclusion is true or false. The phenomenon of hard cases is used to demonstrate this essential procedural nature of legal reasoning. (shrink)

(OPEN ACCESS) In this article, I explore the implications of three moral grounds for the justification of supported voting – respect as opacity, respect as equal status, and respect as political care. For each ground, I ask whether it justifies surrogate voting for voters unable to either communicate or give effect to their electoral judgments, due to some cognitive or communicative disability. (Henceforth: incommunicability cases.) I argue that respect as opacity does not permit surrogate voting, and equal status does (...) not justify such support – although the latter account can make sense of the value loss involved in the persistent non-participation of individuals with cognitive and communicative disabilities. Finally, I argue that an account of supported voting based on the ethics of political care can accommodate a pro tanto moral permission to provide surrogate voting as a form of support in incommunicability cases, and it can account for the inclusive approach of the UN Convention on the Rights of Persons with Disabilities to supported decision-making. However, I show that in incommunicability cases, what the political community and individual caretakers ultimately owe to adult fellow citizens as equal members of the political community is some adequate form of political care – but not necessarily surrogate voting. (shrink)

Studying via the Internet using information tools is a common activity for students in higher education. With students accessing their subject material via the Internet, studies have shown that students have difficulty understanding the complete purpose of an assessment which leads to poor information search practices. The selection of relevant information for particular learning assessments is the topic of this paper as it describes a case study that focuses on the information tool use of a small group of participants and (...) is a continuation of similar research studies. The study and discussed research findings point to the benefit of students use of a visualisation tool to provide relevant learning cues and to transition to improved engagement with online assessment. (shrink)

Two hard cases have generated controversy regarding the application of the principle of double effect in recent years. As regards the first, the case of the conjoined twins of Malta, there has been considerable convergence: most natural law ethicists seem to agree that separation of the twins was morally permissible. By contrast, the so-called “Phoenix case,” involving an abortion at a Catholic hospital for a woman with pulmonary arterial hypertension, has become a touchstone of disagreement between defenders of (...) the so-called “new” natural law theory, and more “traditional” Thomists. I argue in this essay that, contrary to widespread opinion, the two cases were alike in the following respect: in neither need the principal agents have intended the death of anyone. (shrink)

In the case of Jean-Marie Guyau, declared humanist and sociologist, there is the debt of a French thinker to English thought, ...

In this paper I will be concerned with the question as to whether expressivist theories of meaning can coherently be combined with deflationist theories of truth. After outlining what I take expressivism to be and what I take deflationism about truth to be, I’ll explain why I don’t take the general version of this question to be very hard, and why the answer is ‘yes’. Having settled that, I’ll move on to what I take to be a more pressing (...) and interesting version of the question, arising from a prima facie tension between deflationism about truth and the motivations underlying expressivism for what I take to be two of its most promising applications: to indicative conditionals and epistemic modals. Here I’ll argue that the challenge is substantive, but that there is no conceptual obstacle to its being met, provided that one’s expressivism takes the right form. (shrink)

Bioethics, Volume 35, Issue 7, Page 680-687, September 2021.

The field of AI safety seeks to prevent or reduce the harms caused by AI systems. A simple and appealing account of what is distinctive of AI safety as a field holds that this feature is constitutive: a research project falls within the purview of AI safety just in case it aims to prevent or reduce the harms caused by AI systems. Call this appealingly simple account The Safety Conception of AI safety. Despite its simplicity and appeal, we argue that (...) The Safety Conception is in tension with at least two trends in the ways AI safety researchers and organizations think and talk about AI safety: first, a tendency to characterize the goal of AI safety research in terms of catastrophic risks from future systems; second, the increasingly popular idea that AI safety can be thought of as a branch of safety engineering. Adopting the methodology of conceptual engineering, we argue that these trends are unfortunate: when we consider what concept of AI safety it would be best to have, there are compelling reasons to think that The Safety Conception is the answer. Descriptively, The Safety Conception allows us to see how work on topics that have historically been treated as central to the field of AI safety is continuous with work on topics that have historically been treated as more marginal, like bias, misinformation, and privacy. Normatively, taking The Safety Conception seriously means approaching all efforts to prevent or mitigate harms from AI systems based on their merits rather than drawing arbitrary distinctions between them. (shrink)

The Toulmin model has been proved useful in law and argumentation theory. This model describes the basic process in justifying a claim, which comprises six elements, i.e., claim (C), data (D), warrant (W), backing (B), qualifier (Q), and rebuttal (R). Specifically, in justifying a claim, one must put forward ‘data’ and a ‘warrant’, whereas the latter is authorized by ‘backing’. The force of the ‘claim’ being justified is represented by the ‘qualifier’, and the condition under which the claim cannot be (...) justified is represented as the ‘rebuttal’. To further improve the model, (Goodnight, Informal Logic 15:41–52, 1993) points out that the selection of a backing needs justification, which he calls legitimation justification. However, how such justification is constituted has not yet been clarified. To identify legitimation justification, we separate it into two parts. One justifies a backing’s eligibility (legitimation justification 1 ; LJ 1 ); the other justifies its superiority over other eligible backings (legitimation justification 2 ; LJ 2 ). In this paper, we focus on LJ 1 and apply it to the legal justification (of judgements) in hard cases for illustration purposes. We submit that LJ 1 refers to the justification of the legal interpretation of a norm by its backing, which can be further separated into several orderable subjustifications. Taking the subjustification of a norm’s existence as an example, we show how it would be influenced by different positions in the philosophy of law. Taking the position of the theory of natural law, such subjustification is presented and evaluated. This paper aims not only to inform ongoing theoretical efforts to apply the Toulmin model in the legal field, but it also seeks to clarify the process in the justification of legal judgments in hard cases. It also offers background information for the possible construction of related AI systems. In our future work, LJ 2 and other subjustifications of LJ 1 will be discussed. (shrink)

James Tully's account of a ?post?imperial constitutionalism?, in his book Strange Multiplicity, wrongly rejects the ideal of impartiality in modern political theory. Pace Tully, this paper argues for a conception of impartiality called ?justice as provisionality?. This is demonstrated by explaining the concept of a ?contrastive hard case?. These cases, exemplified both by indigenous peoples? struggles for recognition and ?traditional? justifications for violence against women, centrally involve conflicts over the cultural interpretation of value. The paper argues that the (...) just adjudication of these cases depends on understanding two different senses of the term ?provisionality?. These demonstrate that the post?imperial state can give impartial reasons for the rights of parties to ?contrastive? claims in a way that integrates the concerns of both feminists and cultural pluralists. The two senses of provisionality are: first, that consequent upon historical injustice, the post?imperial state should recognize the legitimacy of citizens? partial reasons for their actions and practices; and hence, should recognise that the domain of public, impartial reason is always provisional and incomplete. Second, our capacities for reason are dependent on public and nonpublic provision, protection and care. This is because diverse inequalities and injustices could prevent vulnerable people, in some cases women, from acting according to reasons at all. (shrink)

The determination of death by neurological criteria—“brain death”—has long been legally established as death in all U.S. jurisdictions. Moreover, the consequences of determining brain death have been clear. Except for organ donation and in a few rare and narrow cases, clinicians withdraw physiological support shortly after determining brain death. Until recently, there has been almost zero action in U.S. legislatures, courts, or agencies either to eliminate or to change the legal status of brain death. Despite ongoing academic debates, the (...) law concerning brain death has remained stable for decades. However, since the Jahi McMath case in 2013, this legal certainty has been increasingly challenged. Over the past five years, more families have been emboldened to translate their concerns into legal claims challenging traditional brain death rules. While novel, these claims are not frivolous. Therefore, it is important to understand them so that we can address them most effectively. (shrink)

Purpose This study aims to explore the complexities of methodological, ethical and emotional challenges of studying sensitive and vulnerable communities online from the perspective of simultaneously being a researcher and a research subject. The point of departure for these explorations consists of the author’s past and ongoing studies of the role and use of a closed grief support group on Facebook for bereaved parents – a community of which the author is a member. The aim is not to provide ready (...) solutions for “how to do ethics,” but rather to contribute to the collective and ongoing work initiated by the Association of Internet Researchers, among others, and to recognize the necessity of ethical pluralism, cross-cultural awareness and an interdisciplinary approach. Design/methodology/approach This is an explorative study, drawing on an ethnographic case study. The case serves as a point of departure for discussing the complexities of methodological, ethical and emotional challenges of studying sensitive and vulnerable communities online from the perspective of simultaneously being a researcher and a research subject. Findings Being a researcher and a research subject rolled into one, as it were, presents both opportunities and challenges. To conduct responsible research from both these perspectives pose high demands on the researchers’ ethical as well as emotional capacities and responsibilities. Hopes and expectancies of the community under study might put the researcher into a dilemma, ethical aspects of anonymity and informed consent might have to be reconsidered as well as emotional challenges of engaging in and with sensitive research, all of which makes for a complex balancing act. Ethics and methods are inextricably intertwined, so are the emotional challenges of conducting sensitive research intermingled. Studying vulnerable individuals and closed communities online highlights the necessity for case and context sensitive research and for flexibility, adaptivity and mindfulness of the researcher. It also highlights the importance of discussing and questioning theoretical, methodological and ethical developments for studying everyday life practices online. Originality/value The challenges encountered in this case study contribute to the experientially grounded approach to research ethics emphasized in AoIR’s ethics guidelines. This case offers an opportunity to explore and discuss complex issues arising from the researcher’s insider position in a closed group devoted to the sensitive topic of supporting bereaved parents. Further, it highlights the necessity for research to be case and context sensitive as well as for the researcher and the research design to be flexible and adaptive. Research on vulnerable communities also heightens the demands of ethical responsibility of the researcher and the research process. (shrink)

John Locke is generally seen as an unequivocal defender of private property. However, taken normatively, certain aspects of his argument leave room for interesting loopholes with relevance to some of today’s social and political crises. This paper focuses largely on the spoilage proviso—in which Locke warns against appropriating more than one can make use of—and its possible application to abandoned buildings and the potential for legitimate productive use to be made of them by people other than the legal owner. Using (...) two case studies in which squatters have actively reversed the dereliction of abandoned buildings, this article aims to build a defence of certain types of squatting based on the limitations Locke has placed on the appropriation and the retention of property. (shrink)

Rights have two properties which prima facie appear to be inconsistent. The first is that they are conditional in the sense that one some occasions it is always justifiable for someone to act in a way which appears to be inconsistent with someone else's rights, such as when the defence of necessity applies. The second is that rights are indefeasible in the sense that they are not subject to being defeated our outweighed by utilitarian or policy considerations. If we view (...) rules and the rights which they establish as being subject to a ceteris paribus clause, the form of which generates out the exceptions, the conditionality of rights becomes reconcilable with their nondefeasibility. Such a view of rules and rights would entail that the goals of the law and their orderings be considered as a part of the law. When so viewed, propositions about goals and their orderings become legitimate premises for legal reasoning, furnishing solutions to hard cases in the law of torts, without resort to balancing of interests or judicial discretion. (shrink)

In its narrative, dramatic, and representational genres, art regularly depicts contexts for human emotions and their expressions. It is not surprising, then, that these artforms are often about emotional experiences and displays, and that they are also concerned with the expression of emotion. What is more interesting is that abstract art genres may also include examples that are highly expressive of human emotion. Pure music – that is, stand-alone music played on musical instruments excluding the human voice, and without words, (...) literary titles, or associated texts connected to it by its composer – is often characterized as the expressive art par excellence. Yet how could that be possible, given that such music lacks semantic or representational content? Pure music presents the hardest and most vivid philosophical challenge to any account of expressiveness in the arts, which is why it is crucial to consider the musical case for the light it sheds on the underlying principles and issues. In this chapter I consider two accounts of expressiveness in pure music. Both regard expressiveness as an objective property of such music. I argue for the position I call appearance emotionalism and against the alternative, which I label hypothetical emo- tionalism. But before I get to that, there is a different mode of musical expression to be acknowledged. Even instrumental music comes charged with associations. Some of these are private to the listener, but many are widely shared. The latter may be included in a piece by accident but are, more often, deliberately placed for their effects. For instance, when a song is quoted in an instrumental work, its title or words may be brought to mind. Certain melodies (e.g., “Ode to Joy”), styles (e.g., tarantella), idioms (e.g., fanfares), forms (e.g., minuet), modalities (e.g., church modes), and instruments (e.g., fifes and snare drums) recall particular social events, geocultural regions, historical periods, ideas, and sensibilities, and in this way can hook up with affective life-experiences. Though it is music’s associative ties that are likely to be referred to when most people are asked about music’s significance, philosophers say little about them.. (shrink)

This book investigates the architecture of the language faculty by considering what the properties of language reveal about the mental abilities and processes involved in language acquisition. The language faculty, the author argues, must be able not only to accommodate what is general, exceptionless, and universal in language, but must also be capable of dealing with what is irregular, exceptional, and idiosyncratic. In Syntactic Nuts Peter Culicover shows that this is true not only of the lexicon, but for syntax. Marginal (...) and exceptional cases, where there is no straightforward form-meaning correspondence, are dealt with by the language faculty easily and precisely as the general cases. In considering how and why this should be the author argues against the prevailing trend in generative grammar, which takes the learner as either incorporating maximally global generalisations as part of its innate capacity for language, or projecting global generalisations from a very limited input on the basis of innate mechanisms. He suggests that the learning mechanism does not generalize significantly beyond the evidence presented to it, and further that it seeks to form generalizations based on all and only the evidence presented to it. Syntactic Nuts makes a fundamental contribution to generative grammar and syntactic theory. It situates syntactic theory within cognitive science in a novel way. It contributes to an alternative, and yet in many ways traditional, perspective on the manner in which knowledge is represented and processed in the mind. (shrink)

Decentralizing Knowledges examines the way modern western thought has attempted to bring all knowledge under its own order, a process of placing all thinking into a single colonial system and looks at the way that this centering process might be undone. The contributors present a complex, multiple and uneven set of decentering processes, that gradually open thinking to what has been excluded, whether that exclusion was gender, race, or sexuality based, or indigenous or culturally different. The collection makes a case (...) for "epistemic decentralizing," or the redistribution and reorientation of resources, institutional support, and authority to peripheral actors, emphasizing the agency to produce new knowledge. The book's theoretical and empirical analyses provide a comprehensive overview of the complex processes required to challenge mainstream thinking, as well as the contending nature of the initiatives analyzed. Decentralizing Knowledges clearly points out that the processes of decentering and decentralization are useful analytical tools to account for widely documented epistemic asymmetries in the social sciences and humanities. (shrink)

Normative pluralism is the view that practical reason consists in an irreducible plurality of normative domains, that these domains sometimes issue conflicting recommendations and that, when this happens, there is never any one thing that one ought simpliciter to do. Here I argue against this view, noting that normative pluralism must be either unrestricted or restricted. Unrestricted pluralism maintains that all coherent standards are reason-generating normative domains, whereas restricted pluralism maintains that only some are. Unrestricted pluralism, depending on how it (...) is cashed out, is either nihilism about practical reason or else it is subjectivism. Neither view is consistent with normative pluralism; hence, pluralism must be restricted. Restricted pluralism, however, faces two problems. The first stems from the question: “Why is it that some standards are normative domains while others are not?” The question seems to demand an answer, but it is hard to give any answer without appealing to considerations that imply facts about what we ought simpliciter to do. Second, restricted pluralism has difficulty accounting for our intuitions about cases in which one option is optimal in all domains, but not better than each alternative in any one domain. The unique option that is optimal in every domain seems better than its competitors, though it isn’t better within any domain. This is different than the widely discussed argument from notable-nominal comparisons. So I conclude that we have good reason to reject restricted pluralism, the only form of normative pluralism really worthy of that name. (shrink)

Transitive proxy voting (or "liquid democracy") is a novel form of collective decision making, often framed as an attractive hybrid of direct and representative democracy. Although the ideas behind liquid democracy have garnered widespread support, there have been relatively few attempts to model it formally. This paper makes three main contributions. First, it proposes a new social choice-theoretic model of liquid democracy, which is distinguished by taking a richer formal perspective on the process by which a voter chooses a proxy. (...) Second, it examines the model from an axiomatic perspective, proving (a) a proxy vote analogue of May's Theorem and (b) an impossibility result concerning monotonicity properties in a proxy vote setting. Third, it explores the topic of manipulation in transitive proxy votes. Two forms of manipulation specific to the proxy vote setting are defined, and it is shown that manipulation occurs in strictly more cases in proxy votes than in classical votes. (shrink)

This paper argues that suicide is very important for Cicero’s articulation and defense of the philosophical life. Happiness, according to Cicero, is dependent upon a willingness to commit suicide. I explain why this is the case through a discussion of On Ends and the Tusculan Disputations. I conclude with some critical remarks about Cicero’s argument, with reference to book XIX of Augustine’s City of God.

In Wilkinson v. Kitzinger, the petitioner (Susan Wilkinson) sought a declaration of her marital status, following her marriage to Celia Kitzinger in British Columbia, Canada in August 2003. The High Court refused the application, finding that their valid Canadian marriage is, in United Kingdom law, a civil partnership. In this note, I focus on Sir Mark Potter’s adjudication of the human rights issues under Articles 8, 12 and 14 of the European Convention on Human Rights (E.C.H.R.), highlighting his restatement of (...) the ideology of the ‹traditional’ family as natural, normative and desirable. I argue that this case shows that the exclusion of same sex couples from marriage is a feminist issue, because denying same sex couples access to marriage works to sediment patriarchal ideas and re-inscribe gender roles within the family. (shrink)

This book addresses the problem of fully explaining Socrates’ motives for philosophic interlocution in Plato’s dialogues. Why, for instance, does Socrates talk to many philosophically immature and seemingly incapable interlocutors? Are his motives in these cases moral, prudential, erotic, pedagogic, or intellectual? In any one case, can Socrates’ reasons for engaging an unlikely interlocutor be explained fully on the grounds of intellectual self-interest? Or does his activity, including his self-presentation and staging of his death, require additional motives for adequate (...) explanation? Finally, how, if at all, does our conception of Socrates’ motives help illuminate our understanding of the life of reason as Plato presents it? By inviting a multitude of authors to contribute their thoughts on these question—all of whom share a commitment to close reading, but by no means agree on the meaning of Plato’s dialogues—this book provides the reader with an excellent map of the terrain of these problems and aims to help the student of Plato clarify the tensions involved, showing especially how each major stance on Socrates entails problematic assumptions that prompt further critical reflection. (shrink)