Lotteries have long been used to resolve competing claims, yet their recent implementation to allocate school places in Brighton and Hove, England led to considerable public outcry. This article argues that, given appropriate selection is impossible when parties have equal claims, a lottery is preferable to an auction because it excludes unjust influences. Three forms of contractualism are discussed and the fairness of lotteries is traced to the fact that they give each person an equal chance, as a surrogate for (...) their equal claim to the good. It is argued that this can be a reason to favour an artificially-constructed lottery to a 'natural' lottery where there is suspicion that the latter may be biased. (shrink)

Language and mind, by N. Chomsky.--Some reflections on the nature of consciousness, by B. A. Farrell.--The two faces of perception, by J. R. Platt.--Building better brains, by R. W. Gerard.--The nature of psychological change and its relation to cultural change, by L. S. Kubie.--Alienation and autonomy, by B. Bettelheim.--Darwin versus Copernicus, by T. Dobzhansky.--Speculations on the problem of man's coming to the ground, by S. L. Washburn.--Revolution and development, by K. E. Boulding.--The peasant revolt of our times, by W. H. (...) McNeill.--Triumph and failure in ancient Egypt, by J. A. Wilson.--The tyranny of progress, by R. Gomer.--Man and mankind in the development of culture and the humanities, by R. McKeon. (shrink)

This essay i) shows how certain key virtues of the practice of Scriptural Reasoning offer correctives to a mode of western rationality that regards itself as “supra‐traditional” and universally valid; and ii) illuminates those virtues with the help of literary theory which shares SR's concern with how texts and their interpretation affect possibilities for human life in any given context. It identifies four “marks” of SR and works with three conversation partners who use literary theory , to offer a positive (...) account of SR's traditioned, critically imaginative character. (shrink)

The American Journal of Bioethics, Volume 11, Issue 6, Page 52-53, June 2011.

Most realist theories of legitimacy are internalist theories, meaning that they regard legitimacy as a function of how subjects view their own rulers. However, some realists seek to qualify their internalism by holding that legitimacy is not simply a matter of whether subjects accept their rulers’ exercise of power. According to one such view, legitimacy requires that rulers’ power be ‘acceptable’ to subjects, in the sense that it can be justified on the basis of values that they accept. Call this (...) acceptability internalism. In this article, I argue that realists should reject acceptability internalism. I first argue that acceptability internalism has the disadvantage of separating the concept of legitimacy from the interests of rulers. I then consider two arguments in favour of acceptability internalism, and argue that both should be rejected. (shrink)

This article provides a conceptual map of the affective terrain while focusing on enduring positive affective attitudes, such as love and happiness. The first section of the article examines the basic characteristics of affective attitudes, i.e., intentionality, feeling, and dispositionality, and classifies the various affective attitudes accordingly. An important distinction in this regard is between acute, extended, and enduring affective attitudes. Then a discussion on the temporality of affective attitudes is presented. The second section discusses major mechanisms that enable long-lasting (...) affective attitudes to endure. These mechanisms include, Hedonic adaptation, which reduces affective intensity, thereby enabling adaptation to a stable, average level of affective intensity; Positive mood offset, which maintains a moderate level of positive mood in the absence of adverse stimuli; The enduring mood of being dissatisfied, thereby keeping the agent’s interest high, and Meaningful development, which underlies the continuation and enhancement of the affective attitude. Each of these mechanisms sustains, in its own unique way, the balance required for enduring affective attitudes. The third section applies the above considerations to two major enduring positive affective attitudes: the mood of lasting happiness and the enduring emotion of profound romantic love. Time is typically a necessary condition for the creation and enhancement of such love. However, it is not a sufficient condition. So only in some cases, but not in all, does loving longer mean loving more. (shrink)

This article contends that close attention to music/language analogies allows us to perceive how language attempts to gain an understanding of its own cognitive nature. The article does so by closely reading Paul de Man's ‘The Rhetoric of Blindness’, an essay in which de Man suggests that a detailed look at the analogies between musical and linguistic structures made by Jean-Jacques Rousseau in his Essay On the Origin of Languages helps reveal how literary criticism becomes ‘blind’ to its own metaphysical (...) presuppositions. Scrutinizing the terms on which de Man engages Rousseau, the article argues that surface inconsistencies in de Man's use of musical concepts reveal a deeper pattern of ‘deafness’ which turns his notion of ‘empty’ subjectivity against itself. It concludes with some suggestions for how we might further develop the study of music/language analogies, a subject that has the potential to invigorate our understanding of the non-conceptual aspects of linguistic meaning. (shrink)

Miller has recently argued that fetuses have the same inherent value as non-disabled adults. However, we do not need to postulate some property possessed equally by all humans, including fetuses, in order to explain the equality of non-disabled adults. It would suffice if there were some property possessed by all non-disabled adults, but not by fetuses.

In lieu of an abstract, here is a brief excerpt of the content:Reply to Jiwei CiBen Cross (bio)I am very grateful to Jiwei Ci for his thoughtful and considerate response to my article. I think my understanding of Weber, legitimacy, political realism, and Ci's own work has benefited greatly as a result.I. What's the Problem with Performance Legitimacy?Ci and I both accept that legitimacy is best understood in terms of Weber's "descriptively de jure legitimacy." Put simply, we both think that (...) a state is legitimate if and only if a large enough number of its constituents think it is legitimate. According to this view, therefore, a source of legitimacy is any type of belief—or narrative, as many political realists tend to prefer—that constituents take to give them sufficient reason for regarding the state as legitimate.On the surface, understanding legitimacy in this way seems open to the possibility of a very wide variety of sources of legitimacy. All that matters is whether the source of legitimacy can persuade people to regard the state as legitimate. Weber's study of legitimacy focuses on three particular sources: [End Page 165] legal, traditional, and charismatic. However, as Ci (2024, pp. 149–150) rightly points out, Weber can allow for other sources of legitimacy as well, provided that they have the requisite persuasive power.1The question that Ci and I are interested in here is whether the state's good performance can be a viable source of legitimacy. In my view, it might be possible for a government to secure its legitimacy in this fashion if two conditions are met:(1). the state can reliably maintain good performance—or at least can reliably convince its constituents that it maintains good performance.(2). the state has a sufficiently large constituency of people who possess a shared interest that is served by good performance.I previously expressed doubts about whether the second condition can be reliably met (Cross 2024, pp. 139–143). Hence, I am somewhat skeptical about the possibility of performance legitimacy, but this skepticism does not stem from a categorical distinction between performance and legitimacy. Nor does this skepticism stem from doubts about the ability of any state to maintain good performance. Rather, it stems from doubts about whether the existence of a shared interest is a reliable basis for identifying the constituency of legitimacy.Ci, on the other hand, does think that good performance and legitimacy are categorically distinct, albeit interrelated. He holds that good performance can enhance an existing source of legitimacy. He also holds that it can offer some compensation for the absence of an existing source of legitimacy. However, he denies that good performance can ever count as a source of legitimacy in its own right. Furthermore, Ci's arguments for this claim, as I understand them, are not reducible to the further claim that it is unlikely that any state can reliably sustain the kind of unwaveringly good performance that reliably serves the shared interests of its constituency. That is, although he appears highly skeptical of the state's capacity to satisfy (1) and (2), this skepticism is not, strictly speaking, essential to his arguments.Our main disagreement, then, concerns the correct basis for skepticism about performance legitimacy. Although I think it would be fair to say that Ci's skepticism is stronger and more general than my own, this appears to stem from our different reasons for this skepticism. In what follows, I will try to briefly summarize Ci's objections to performance legitimacy and the extent of my disagreements with them.II. The Genealogical ArgumentI previously suggested that Ci's distinction between performance-enhancing legitimacy and performance that ameliorates a lack of legitimacy may be a distinction without a difference (Cross 2024, pp. 132–135). What reason do rulers have to prefer the former to the latter? [End Page 166]Ci's response helpfully clarifies what he takes to be at stake in this distinction. Legitimacy, he argues, is meant to provide a justification specifically for the state's monopoly of violence. As Ci rightly notes, I did not address the significance of this point. I did not distinguish between a justification for the state's monopoly of... (shrink)

Are property rights absolute? This paper attempts to reframe this question by drawing on insights from the field of social ontology. My main claim is that, even if we accept the most extreme view of the absoluteness of property rights, there are some non-normative conceptual limitations to these rights. The conceptual limitations are based on two claims about the nature of property rights and their subject matter, namely objects in the world: (1) property law regulates relations between persons through the (...) use of objects, and not relations between persons and objects; (2) even when owned, objects retain some of their ‘independent’, unowned, existence. Taken together, these claims confine property law to the institutional meaning that is given to objects, which is distinct from their social and natural meanings. Since property law defines objects in a certain way, it makes space for other social considerations but without the need to qualify property rights. (shrink)

Name der Zeitschrift: Naharaim Jahrgang: 11 Heft: 1-2 Seiten: 5-11.

Witness preparation before trial constitutes one of the lawyers’ most important and fundamental tools in the practice of criminal law. It fulfills the lawyer's professional duties both towards thei...

The importance of education and its profound effect on people's life make it a central issue in discussions of distributive justice. However, promoting distributive justice in education comes at a price: prioritising the education of some, as is often entailed by the principles of justice, inevitably has negative effects on the education of others. As a result, all theories of distributive justice in education face the challenge of balancing their requirements with conflicting interests. This article aims to contribute to developing (...) an account of conflicting interests by identifying a category of conflicting interests—non-positional conflicting interests—the realisation of which does not necessarily disrupt distributive justice. Non-positional conflicting interests include, for example, the interest in realising one's full potential and parents’ interest in familial relations. The article argues that the core dimensions of non-positional conflicting interests can usually be realised without upsetting distributive justice, and that actions that do upset distributive justice tend to be peripheral to these interests. Either way, there is no severe friction between distributive justice and non-positional conflicting interests: in the former cases, both are realised simultaneously. In the latter, tension exists; however, because the infringement on the conflicting interest is of relatively little weight, it is often justified, all things considered, in order to promote distributive justice. The conclusion is that while there are indeed cases in which distributive justice must retreat in the face of other interests, the friction between distributive justice and other interests is actually weaker than meets the eye. (shrink)

Melville’s Benito Cereno (1855) concentrates a historico-political problematic in the figure of a ship named ›SAN DOMINICK‹. This paper focuses on the distinctive political character of the slave ship in revolt.The partisan uprising produces an interrogation of the concept of sovereignty and the operations of exclusion on which it is premised. Superimposing the sovereign ship of state and the slave ship, Melville’s novella presents a relation constitutive of the Atlantic world.

John Taurek famously held the view that, when deciding whom to rescue, the numbers don’t count: we should instead give everyone the same chance of surviving. Surprisingly little engagement has taken place between the detailed and rich literature on whether the numbers count in rescue cases, and the practical question of whether certain facts about patients are eligible for consideration in real-world prioritisation, e.g., in emergency triage during a pandemic. I suggest that a position close to Taurek’s maps on to (...) real-world arguments by groups representing disabled individuals. Whereas Taurek is focused on equalising survival chances, some disability rights activists and scholars appear to argue in favour of equalising selection chances. I consider the philosophical promise of this approach by appealing to the idea of “opacity respect”, and suggest a sufficientarian alternative. (shrink)

This introductory chapter offers an overview of the various ways that responsibility may be relevant to health care, in order to situate the chapters in this volume in their broader context. The chapter begins by outlining relevant concepts, and explaining why it is worth considering the role of responsibility in health care. The chapter then turns to various ways in which patients might be held responsible in a health care system, before considering objections to these practices. Finally, the chapter considers (...) the role of responsibility in health care beyond holding patients responsible, by considering the responsibility of medical professionals, and of institutions. (shrink)

There has been much discussion of the justifiability of strikes by healthcare workers, but comparatively little discussion of the political processes through which strikes occur. This article focuses on the Trade Union Act 2016, which currently governs strike ballots in the UK. This legislation has important implications for healthcare workers being balloted on strikes (or other forms of industrial action). The article first explains the legal requirements for a strike mandate and illustrates how votes in strike ballots can be counterproductive, (...) bringing about outcomes opposite of what the voter wanted. Second, it argues that the turnout threshold responsible for these surprising results is undemocratic, since it means that outcomes need not reflect the wishes of those balloted. Third, it suggests that this has consequences for how balloted workers ought to vote, if they want the process to be more democratic. In particular, I propose that those who are neutral or indifferent have reason to cast spoiled ballots, in order to negate the turnout threshold. Further, those who oppose a strike also have reasons—if they value democratic decision-making—to vote, even though this may be less effective than abstaining. As I write, in August 2023, junior doctors in the UK are once again being balloted over strike action.1 While the global picture is more varied, strikes by medical professionals have historically been rare in the UK. When British doctors went on strike in 2012, over changes to pensions, it was the first time since 1975.2 Since then, however, industrial action has become more common. Some attribute this to an erosion of patient-centred professional values, which has made workers more prepared to strike in response to deteriorating pay and conditions.3 4 Whether or not this is the explanation, the increased prevalence of strikes has caused some concern. It is often …. (shrink)

Two important assumptions of behavioral momentum theory are contradicted by existing data. Resistance to change is not due simply to the Pavlovian contingency between a discriminative stimulus and the rate of reinforcement in its presence, because variations in the response-reinforcer contingency, independent of the stimulus-reinforcer contingency, produce differential resistance to change. Resistance to change is also not clearly related to measures of preference, in that several experiments show the two measures to dissociate.

A gedanken experiment that distinguishes locally between acceleration of rotation and linear acceleration is described and discussed.

Attaining and maintaining a substantial Jewish majority in Israel has been one of the basic goals of the State of Israel since its early years. A substantial Jewish majority within the borders of the state is thought to be necessary in order to preserve its Jewish nature. Many believe that the demographic consideration also stood behind the enactment of the Citizenship and Entry into Israel Law , 2003, which prohibits granting Israeli citizenship and residency to Palestinians from the West Bank (...) and the Gaza Strip, and prevents, inter alia, Israeli Arabs from living in Israel with their Palestinian spouses. I examine the legitimacy of the demographic consideration from the perspective of liberal political theory. I conclude that demography can, in principle, be a legitimate consideration in deciding immigration policy, and its justification can be derived from the liberal justification of the right to national self-determination. However, the demographic consideration must be assigned its proper role and weight relative to other important liberal values such as equality and other human rights. I suggest that the demographic consideration might be legitimate only to the extent that it is not used to justify immigration policies that violate constitutional rights. I then discuss the Supreme Court decision concerning the constitutionality of the Citizenship and Entry into Israel Law. I demonstrate that, contrary to statements by the judges themselves, the demographic consideration played a key role in the opinions of several judges. It was, however, a hidden consideration. It was not openly acknowledged and discussed. Consequently, a careful examination and balancing of the demographic consideration could not take place. The result was that the actual influence of the demographic consideration on the outcome of the case was much stronger than can be reasonably justified according to liberal principles of justice. (shrink)