The criminal law presently distinguishes between actions and omissions, and only rarely proscribes failures to avert consequences that it would be an offense to bring about. Why? In recent years it has been persuasively argued by both Glover and Bennett that, celeris paribus, omissions to prevent a harm are just as culpable as are actions which bring that harm about. On the other hand, and acknowledging that hitherto “lawyers have not been very successful in finding a rationale for it,” Tony (...) Honoré has sought to defend the law's differential treatment. He proposes a “distinct-duties theory” that in addition to the general duties we owe to everyone, we also owe distinct duties to a more limited collection of people and associations, specified by features of our relationship with them. Where a distinct duty holds, breach by omission may well be no better than breach by positive action. But absent a distinct duty, omissions, per Honoré, are less culpable. They are mere failures to intervene and improve or rectify things, whereas actions are positive interventions which make things worse. And, thus, the law has good reason to differentiate between them. (shrink)

In 1956, a few writings of Wittgenstein that he didn't publish in his lifetime were revealed to the public. These writings were gathered in the book Remarks on the Foundations of Mathematics (1956). There, we can see that Wittgenstein had some discontentment with the way philosophers, logicians, and mathematicians were thinking about paradoxes, and he even registered a few polemic reasons to not accept Gödel’s incompleteness theorems.

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is to develop guiding principles (...) for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher. (shrink)

Aristotle's definition of the soul should be interpreted as: 'the soul is the entelechy of a natural body that serves as its instrument'.

The book opens with a description of the smooth transition from Newtonian to Einsteinian behaviour from electrons as their energy is progressively increased, ...

It is often alleged that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves a negative interpersonal response for that transgression, blaming responses such as resentment and indignation being paradigms. Aside from a few exceptions, guilt is cited in recent discussions of moral responsibility, if at all, as merely an effect of being blamed, or as a reliable indicator of moral responsibility, but not itself an explanation of moral responsibility. In this paper, (...) I argue that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves to feel moral guilt for that transgression. I argue that this alternative view offers all that the predominant blame-focused view offers, while also solving some puzzling features of moral responsibility. Specifically, it offers a compelling way to reconcile conflicting intuitions about the suberogatory, and allows those who do not understand what Darwall calls ‘second-personal’ reasons to be morally responsible for their immoral acts. (shrink)

I argue that four-dimensionalism and the desire satisfaction account of well-being are incompatible. For every person whose desires are satisfied, there will be many shorter-lived individuals (‘person-stages’ or ‘subpersons’) who share the person’s desires but who do not exist long enough to see those desires satisfied; not only this, but in many cases their desires are frustrated so that the desires of the beings in whom they are embedded as proper temporal parts may be fulfilled. I call this the frustrating (...) problem for four-dimensionalism. In the first half of the paper I lay the groundwork for understanding the frustrating problem, and then in the second half, I will examine six possible responses to the frustrating problem on behalf of the four-dimensionalist, (i) the Parfit (1984) inspired claim that identity is not what matters, (ii) the personal pronoun revisionism of Noonan (2010), (iii) the indirect concern account of Hudson (2001), (iv) the sensible stages account of Lewis (1986), (v) a multiple-concepts account of desire satisfaction, and (vi) a No Desire View according to which subpersons have no mental states and thus no desires to frustrate. I argue that none of these solutions will help the four-dimensionalist; she does better to reject the desire satisfaction theory, while the defender of the desire satisfaction theory does better to reject four-dimensionalism. (shrink)

A. P. Martinich's The Two Gods of Leviathan appeared in 1992, and J. R. Collins's The Allegiance of Thomas Hobbes in 2005. Martinich offered a revisionist interpretation of Thomas Hobbes's religious commitments. He rebuked the conventional view that Hobbes was an atheist and placed him within particular traditions of reformed Christian theology. Collins's book strongly differed from these conclusions, and reasserted Hobbes's hostility to traditional Christianity as part of a general contextualization of his writings within the period of the English (...) Revolution. The following exchange between Martinich and Collins was first aired in 2007 as a debate at the Southwestern Political Science Association's Annual Conference. (shrink)

This essay lays the groundwork for a novel conception of autonomy that may be called “effective autonomy”—a conception designed to be genuinely action guiding in bioethics. As empirical psychology research on the heuristics and biases approach shows, decision making commonly fails to correspond to people’s desires because of the biases arising from bounded cognition. People who are classified as autonomous on contemporary philosophical accounts may fail to be effectively autonomous because their decisions are uncoupled from their autonomous desires. Accordingly, continuing (...) attempts to value patient autonomy must go beyond existing philosophical conceptions of autonomy to consider the background conditions of human decision making. (shrink)

Thomas Hobbes is recognized as one of the fathers of modern philosophy and political theory. In his own time he was as famous for his work in physics, geometry, and religion. He associated with some of the greatest writers, scientists, and politicians of his age. Martinich has written a complete and accessible biography of Hobbes. The book takes full account of the historical and cultural context in which Hobbes lived, drawing on both published and unpublished sources. It will be a (...) great resource for philosophers, political theorists and historians of ideas. The clear, crisp prose style will also ensure that the book appeals to general readers with an interest in the history of philosophy, the rise of modern science and the English Civil War. (shrink)

This paper explores the Offence Principle. It discusses whether two constraints, additional to the criteria stated in conventional analysis, ought to be met before the Offense Principle can be satisfied: (i) that offensive conduct must be a wrong, and (ii) that the conduct must also lead to harm. The nature of the Harm Principle, and its relationship to the Offense Principle, are also considered. The paper suggests that, even if all cases in which offense should be criminalized also involve harm, (...) nonetheless there may be good reasons to retain a separate Offense Principle. (shrink)

Epistemic trust is an unacknowledged feature of medical knowledge. Claims of medical knowledge made by physicians, patients, and others require epistemic trust. And yet, it would be foolish to define all epistemic trust as epistemically responsible. Accordingly, I use a routine example in medical practice to illustrate how epistemically responsible trust in medicine is trust in epistemically responsible individuals. I go on to illustrate how certain areas of current medical practice of medicine fall short of adequately distinguishing reliable and unreliable (...) processes because of a failure to systematically evaluate health outcomes. I conclude by articulating the devastating obstacles to the consilience assumption, which takes intellectual character as the standard for epistemic responsibility. (shrink)

The partitions of a given set stand in a well known one-to-onecorrespondence with the equivalence relations on that set. We askwhether anything analogous to partitions can be found which correspondin a like manner to the similarity relations (reflexive, symmetricrelations) on a set, and show that (what we call) decompositions – of acertain kind – play this role. A key ingredient in the discussion is akind of closure relation (analogous to the consequence relationsconsidered in formal logic) having nothing especially to do (...) with thesimilarity issue, and we devote a final section to highlighting some ofits properties. (shrink)

CHAPTER ONE A 'DREAMING KRONOS' IN A LOST WORK BY ARISTOTLE In the following study we shall be concerned with the interpretation of dreams. ...

A. P. Martinich aims at explaining Hobbes’s criticism of Republicanism. Trying to adopt a middle position between subjection and liberty, Hobbes develops a theory of natural liberty which is compatible with both fear and necessity and civil liberty. He thus defines civil liberty as the extent to which a subject is free from laws and obligations, the degree of freedom not being determined by the kind of government a citizen is obliged to. As far as the liberty of states is (...) concerned, Hobbes establishes that there is no more liberty in the one than in the other. Martinich’s demonstration draws very much on §§ 14 and 15 of chapter 21 of Leviathan, that is, on Hobbes’s theory of political obligation, because in those paragraphs Hobbes answers the objections made by republicans to the theory of alienation which he expounded in his Elements of Law and De cive. In Leviathan, Hobbes has abandoned this former theory in seeking to generate obligation out of authorization. (shrink)

Many of the most serious crimes that fall within the justificatory scope of the harm principle do so constitutively. They do so in the sense that the harm that the crime is designed to prevent is a...

Background: In Southeast Asia, the process of obtaining informed consent is influenced by both culture and policy at the hospital and national level. Both physicians and nurses play vital roles in this process, but physicians influence the roles of nurses. Objectives: Since the physicians and nurses often have different perspectives, it is important to investigate their views about the informed consent process and nurses’ roles therein and whether there is a difference between ideal and experienced practice (reality), and whether this (...) differs across hospitals. Methods: A questionnaire was developed and a survey was conducted among physicians and nurses. Using exploratory factor analysis a three factor structure was determined: ‘nurses’ roles’, ‘barriers in informed consent’, and ‘adequacy of information’. Non-parametric tests were applied to compare nurses and physicians, and hospital setting. Participants and research context: Responses were obtained from 129 physicians and 616 nurses from two Indonesian hospitals. Those hospitals differ in ownership, location, and size. Ethical consideration: The study was reviewed by the hospital ethical committee. Participation was voluntary and confidentiality was ensured by keeping the responses anonymous. Findings: Physicians and nurses differ significantly on all three factors. The scores reflecting disparity between ideal and reality regarding nurses’ roles varied across professions, while barriers in informed consent differed between hospitals. Discussion: The differences between ideal and reality indicated that improvement in the informed consent process and nurses’ roles therein is called for. Varying views between physicians and nurses on nurses’ roles may hinder collaboration. The differences between hospital settings showed interventions may have to be customized for different settings. Conclusion: Views on nurses’ roles vary across professions. Views on barriers in informed consent vary across hospitals. Therefore interprofessional education is needed to promote interprofessional collaboration and intervention to improve informed consent practice should be tailored to the hospital context. (shrink)

In animal husbandry in The Netherlands, as in a wide variety of other societal areas, we see an increased awareness of the fact that progress cannot be attained anymore by simply repeating the way we modernized this sector in the decades before, due to the multiplicity of the problems to be dealt with. The theory of reflexive modernization articulates this macro-social phenomenon, and at the same time serves as a prescriptive master-narrative. In this paper, I analyse the relationship between Feenberg's (...) instrumentalization theory and reflexive design; that is, the approach of doing reflexive modernization. Feenberg's analytical distinction between primary and secondary instrumentalization is useful in highlighting the way social and political values are inscribed into technological arrangements, but is not meant as a method. Reflexive design, on the other hand, is meant to be a reflective and deliberative method that aims to articulate, assess and reintegrate hitherto unquestioned values and presuppositions into new designs of production systems. Reflexive design thus may be seen as a conscious strategy of making explicit the separate stages of instrumentalization in advance, instead of criticizing the implicit embedding of dominant values in technological artefacts once they have been realized. The approach is illustrated with a case from animal husbandry. (shrink)

Evolutionary developmental biology (evo-devo) has undergone dramatic transformations since its emergence as a distinct discipline. This paper aims to highlight the scope, power, and future promise of evo-devo to transform and unify diverse aspects of biology. We articulate key questions at the core of eleven biological disciplines—from Evolution, Development, Paleontology, and Neurobiology to Cellular and Molecular Biology, Quantitative Genetics, Human Diseases, Ecology, Agriculture and Science Education, and lastly, Evolutionary Developmental Biology itself—and discuss why evo-devo is uniquely situated to substantially improve (...) our ability to find meaningful answers to these fundamental questions. We posit that the tools, concepts, and ways of thinking developed by evo-devo have profound potential to advance, integrate, and unify biological sciences as well as inform policy decisions and illuminate science education. We look to the next generation of evolutionary developmental biologists to help shape this process as we confront the scientific challenges of the 21st century. (shrink)

Ideal interpretation is understanding a text in the best possible way. It is usually used when the text has a canonical status, such as the Bible or the U.S. Constitution. We argue that Zhu Xi’s view about interpreting the Four Books and Ronald Dworkin’s view about constitutional interpretation are examples of ideal interpretation and that their basic principles are similar. Each holds, roughly, that their target text contains moral truth; that the author’s mind requires the mediation of learning; that the (...) purpose of interpretation is not only to lead the reader to the moral truth but to become a better person; that all propositions are about the same moral truth or about political justice; that the interpretation ultimately must come from oneself, purged of prejudices; and that the only correct interpretation is one that captures the original meaning. (shrink)

This article is based on a discussion held in Athens in April 2002, in the framework of a research visit, supported by the National Technical University of Athens, among the following participants: Alexander Pavlovits Ogurtsov (APO), Svetlena Sergeevna Neretina (SSN), and Michalis Assimakopoulos (MA) who translated and annotated the Russian text. The later wishes to thank his Russian teachers in philosophy, E.A. Mamchur and language, A.A. Nekrasova The translation was reviewed and emended by E.M. Swiderski, editor of SEET.Svetlana Neretina is (...) senior researcher in the Institute of Philosophy of the Russian Academy of Sciences (RAS), doctor of philosophy, titled professor for medieval philosophy, author of: The Conceptualism of Peter Abelard (1994), Believing Reason (1995), Tropes and Concepts (1999), Time of Culture (2000, with A. Ogurtsov), articles and translations on Philosophy of culture, email, [email protected]. (shrink)