This paper discusses some of the practical difficulties confronting Jeff McMahan’s proposal of a jus ad bellum court of experts for deciding the justice of war, and recommends two revisions. First, following the earlier proposals of Vitoria, Suarez, and Grotius, leaders could have a say in appointing judges to the ad bellum court; second, the court could be an organ of the International Criminal Court. Though significant practical challenges remain, these revisions make McMahan’s proposal fairer to democratic governments, and give (...) the court a better chance for successful implementation in the prevailing Westphalian system of state sovereignty. (shrink)

ABSTRACT“A legal system exists,” Joseph Raz claims, “if and only if it is in force.” By this he means to suggest that the efficacy of law—that is, its capacity to control the population to which it applies—is necessary for its identity as such. Despite widespread recognition that efficacy is a condition of the existence of law, however, little time has been spent analyzing the notion. This article begins an attempt to make up the deficit. I make the case for efficacy (...) as necessary for law and go on to develop and defend an account of the concept that is broadly Kelsenian in spirit. In doing so I address questions concerning the relationship between obedience and enforcement in an account of the existence of a legal system as well as relating the discussion to that concerning the ontological status of international law. (shrink)

Decisions are affected by the potential consequences as much as any factor during the decision-making process. This prospective influence represents another flaw overlooked by most experiments that raises questions about the use of certain laboratory paradigms. Lethal force encounters are a prime example of this problem, where negative consequences of slow decisions and wrong decisions should be considered alongside behavior.

This essay considers Brian Leiter’s arguments for ‘replacement naturalism’ in the domain of adjudication, his thesis being that we should reject as plausible the ‘normative theory of adjudication’ and replace it witha posterioritheory which best explains the causes of judicial decisions. My central claim is that his ‘naturalizing’ argument is incomplete in the following way: it is against a bad kind of philosophical theory and leaves scope for a better, non-naturalistic, account. Both Leiter’s original arguments for the position and his (...) more recent suggestions in response to critics are considered. (shrink)

Music teachers are often inclined to advocate the aesthetic value of music that is uncritically propagated by their conservatory training.1 Consequently, a host of misleading assumptions that music is a "fine" art that exists solely to promote aesthetic experience is simply taken for granted as the benefits of art and music education—thus ignoring the differences of purpose between school music and university-level training. Just offering routine musical activities and performances is thereby assumed to kindle students' aesthetic appreciation. Whether the experiences (...) provided have led to an enriched life of playing and enjoying... (shrink)

In a series of recent papers, Walter Sinnott-Armstrong has used findings in social psychology to put pressure on the claim that our moral beliefs can be non-inferentially justified. More specifically, he has suggested that insofar as our moral intuitions are subject to what psychologists call framing effects, this poses a real problem for moral intuitionism. In this paper, we are going to try to add more fuel to the empirical fire that Sinnott-Armstrong has placed under the feet of the intuitionist. (...) Along the way, we first provide an overview of what Sinnott-Armstrong calls the Master Argument against intuitionism. Then we examine some of the literature on framing effects—especially as it pertains to moral philosophy. Finally, we present the results of a new study which create yet another hurdle intuitionists must clear if they want to motivate their view. It appears that in addition to being influenced by framing effects, our moral intuitions are also influenced by an actor–observer bias as well—a bias whereby we hold other people to different moral standards than we would hold ourselves even if we were in the same situation. If we’re right, the burden is on the moral intuitionist to explain why we should have faith in our moral intuitions despite the gathering evidence concerning their seeming unreliability. And by our lights, this is something that simply cannot be done from the armchair. (shrink)

In the free will literature, some compatibilists and some incompatibilists claim that their views best capture ordinary intuitions concerning free will and moral responsibility. One goal of researchers working in the field of experimental philosophy has been to probe ordinary intuitions in a controlled and systematic way to help resolve these kinds of intuitional stalemates. We contribute to this debate by presenting new data about folk intuitions concerning freedom and responsibility that correct for some of the shortcomings of previous studies. (...) These studies also illustrate some problems that pertain to all of the studies that have been run thus far. (shrink)

A number of philosophers have recently become increasingly interested in the potential usefulness of fictitious and illusory beliefs.As a result, a wide variety of fictionalisms and illusionisms have sprung up in areas ranging anywhere from mathematics and modality to morality.1 In this paper, we focus on the view that Saul Smilansky has dubbed “free will illusionism”—for example, the purportedly descriptive claim that the majority of people have illusory beliefs concerning the existence of libertarian free will, coupled with the normative claim (...) that because dispelling these illusions would produce negative personal and societal consequences, those of us who are unfortunate enough to know the dangerous and gloomy truth about the nonexistence of libertarian free will should simply keep quiet in the name of the common good. (shrink)

Using fMRI, we investigated how right temporal lobe gliomas affecting the posterior superior temporal sulcus alter neural processing observed during speech perception and production tasks. Behavioural language testing showed that three pre-operative neurosurgical patients with grade 2, grade 3 or grade 4 tumours had the same pattern of mild language impairment in the domains of object naming and written word comprehension. When matching heard words for semantic relatedness (a speech perception task), these patients showed under-activation in the tumour infiltrated right (...) superior temporal lobe compared to 61 neurotypical participants and 16 patients with tumours that preserved the right postero-superior temporal lobe, with enhanced activation within the (tumour-free) contralateral left superior temporal lobe. In contrast, when correctly naming objects (a speech production task), the patients with right postero-superior temporal lobe tumours showed higher activation than both control groups in the same right postero-superior temporal lobe region that was under-activated during auditory semantic matching. The task dependent pattern of under-activation during the auditory speech task and over-activation during object naming was also observed in eight stroke patients with right hemisphere infarcts that affected the right postero-superior temporal lobe compared to eight stroke patients with right hemisphere infarcts that spared it. These task-specific and site-specific cross-pathology effects highlight the importance of the right temporal lobe for language processing and motivate further study of how right temporal lobe tumours affect language performance and neural reorganisation. These findings may have important implications for surgical management of these patients, as knowledge of the regions showing functional reorganisation may help to avoid their inadvertent damage during neurosurgery. (shrink)

“Supererogation” is now a technical term in philosophy for a range of ideas expressed by terms such as “good but not required,” “beyond the call of duty,” “praiseworthy but not obligatory,” and “good to do but not bad not to do” (see Duty and Obligation; Intrinsic Value). Examples often cited are extremely generous acts of charity, heroic self-sacrifice, extraordinary service to morally worthy causes, and sometimes forgiveness and minor favors. These concepts are familiar in institutional contexts, for example, when teachers (...) give points for “extra credit” work, corporations give “bonuses” for profitable leadership, and armies award medals for extraordinary service and valor. Moral philosophers, however, have generally focused on whether or not some of these terms refer to a fundamental moral category and, if so, how the category should be defined, which acts the category includes, and whether various moral theories adequately acknowledge it. The idea that acts can be good and praiseworthy but beyond duty has seemed puzzling for several reasons. For example, it seems that “good and praiseworthy” appeals to scalar standards of (“more or less”) value and virtue whereas “duty,” “required,” and “obligatory” invoke nonscalar norms that make (“all or nothing”) demands. This raises the theoretical question whether morality presupposes two distinct conceptual schemes, and, if so, to what extent and how these can be unified in a consistent and coherent moral theory. (shrink)

Part of a special issue, Ontologies of Living Beings, guest-edited by A. M. Ferner and Thomas Pradeu.

Immanuel Kant is known for his ideas about duty and morally worthy acts, but his conception of virtue is less familiar. Nevertheless Kant’s understanding of virtue is quite distinctive and has considerable merit compared to the most familiar conceptions. Kant also took moral education seriously, writing extensively on both the duty of adults to cultivate virtue and the empirical conditions to prepare children for this life-long responsibility. Our aim is, first, to explain Kant’s conception of virtue, second, to highlight some (...) distinctive and potentially appealing features of the Kantian account of virtue, third, to summarize and explain Kant’s prescriptions for educating young children and youth as well as the duty of moral self-improvement that he attributes to all adults, and, fourth, to respond to some common objections that we regard as misguided or insubstantial. (shrink)

Coral reefs have been challenged by the current rate and severity of environmental change that might outpace their ability to adapt and survive. Current research focuses on understanding how microbial communities and epigenetic changes separately affect phenotypes and gene expression of corals. Here, we provide the hypothesis that coral‐associated microorganisms may directly or indirectly affect the coral's phenotypic response through the modulation of its epigenome. Homologs of ankyrin‐repeat protein A and internalin B, which indirectly cause histone modifications in humans, as (...) well as Rv1988 histone methyltransferase, and the DNA methyltransferases Rv2966c, Mhy1, Mhy2, and Mhy3 found in coral‐associated bacteria indicate that there are potential host epigenome‐modifying proteins in the coral microbiome. With the ideas presented here, we suggest that microbiome manipulation may be a means to alter a coral's epigenome, which could aid the current efforts to protect coral reefs. Also see the video abstract here: https://youtu.be/CW9GbChjKM4. (shrink)

Recent neuroscientific evidence brings into question the conclusion that all aspects of consciousness are gone in patients who have descended into a persistent vegetative state (PVS). Here we summarize the evidence from human brain imaging as well as neurological damage in animals and humans suggesting that some form of consciousness can survive brain damage that commonly causes PVS. We also raise the issue that neuroscientific evidence indicates that raw emotional feelings (primary-process affects) can exist without any cognitive awareness of those (...) feelings. Likewise, the basic brain mechanisms for thirst and hunger exist in brain regions typically not damaged by PVS. If affective feelings can exist without cognitive awareness of those feelings, then it is possible that the instinctual emotional actions and pain "reflexes" often exhibited by PVS patients may indicate some level of mentality remaining in PVS patients. Indeed, it is possible such raw affective feelings are intensified when PVS patients are removed from life-supports. They may still experience a variety of primary-process affective states that could constitute forms of suffering. If so, withdrawal of life-support may violate the principle of nonmaleficence and be tantamount to inflicting inadvertent "cruel and unusual punishment" on patients whose potential distress, during the process of dying, needs to be considered in ethical decision-making about how such individuals should be treated, especially when their lives are ended by termination of life-supports. Medical wisdom may dictate the use of more rapid pharmacological forms of euthanasia that minimize distress than the de facto euthanasia of life-support termination that may lead to excruciating feelings of pure thirst and other negative affective feelings in the absence of any reflective awareness. (shrink)

Environmental ethicists have frequently criticized ancient Greek philosophy as anti-environmental for a view of philosophy that is counterproductive to environmental ethics and a view of the world that puts nature at the disposal of people. This provocative collection of original essays reexamines the views of nature and ecology found in the thought of Plato, Aristotle, the Stoics, and Plotinus. Recognizing that these thinkers were not confronted with the environmental degradation that threatens contemporary philosophers, the contributors to this book find that (...) the Greeks nevertheless provide an excellent foundation for a sound theory of environmentalism. (shrink)

This collection of essays, commissioned by the President’s Council on Bioethics, explores a fundamental concept crucial to today’s discourse in law and ethics in general and in bioethics in particular. Since its formation in 2001, the council has frequently used the term “human dignity” in its discussions and reports. In this volume scholars from the fields of philosophy, medicine and medical ethics, law, political science, and public policy address the issue of what the concept of “human dignity” entails and its (...) proper role in bioethical controversies. __Human Dignity and Bioethics_ _is an attempt to clarify a controversial concept, one that is a critical component in the decisions of policymakers. (shrink)

The future harbours the potential for myriad threats to the fitness of organisms, and many species prepare accordingly based on indicators of hazards. Here, we distinguish between defensive responses on the basis of sensed cues and those based on autocues generated by mental simulations of the future in humans. Whereas sensed threat cues usually induce specific responses with reference to particular features of the environment or generalized responses to protect against diffuse threats, autocues generated by mental simulations of the future (...) enable strategic preparation for hazards that may not require an immediate response. The overlap of these mechanisms makes defence effective and versatile, yet can manifest as contemporary anxiety disorders in humans. (shrink)

The acquisition and display of material artefacts is the raison d’être of museums. But what constitutes a museum artefact? Contemporary medicine is increasingly producing artefacts that do not fit the traditional museological understanding of what constitutes a material, tangible artefact. Museums today are therefore caught in a paradox. On the one hand, medical science and technologies are having an increasing pervasive impact on the way contemporary life is lived and understood and is therefore a central part of the contemporary world. (...) On the other hand, the objects involved in medical diagnostics and therapies are becoming increasingly invisible and intangible and therefore seem to have no role to play as artefacts in a museum context. Consequently, museums are at risk of becoming alienated from an increasingly important part of contemporary society. This essay elaborates the paradox by employing Gumbrecht’s distinction between ‘presence’ and ‘meaning’.Keywords: Exhibitions; Material culture/materiality; Contemporary science; Technology and medicine; Presence effects; Public engagement with science; History of medical science. (shrink)

Hoerl & McCormack discuss the possible function of meta-representations in temporal cognition but ultimately take an agnostic stance. Here we outline the fundamental role that we believe meta-representations play. Because humans know that their representations of future events are just representations, they are in a position to compensate for the shortcomings of their own foresight and to prepare for multiple contingencies.

We respond to a Letter to the Editor regarding "Principlism and contemporary ethical considerations for providers of transgender health care." We address criticisms by Castle & Klein (2024) of blatant fatphobia related to the ethical elements concerning BMI restrictions for gender-affirming surgery. Our response corrects several mischaracterizations of the article and clarifies our position. My co-authors and I remain focused on advocating for patient-centered, ethically sound, evidence-based, and equitable healthcare policies.