This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her (...) legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right. (shrink)

Can we understand what makes someone the same person without understanding what it is to be a person? Prereflectively we might not think so, but philosophers often accord these questions separate treatments, with personal-identity theorists claiming the first question and free-will theorists the second. Yet much of what is of interest to a person—the possibility of survival over time, compensation for past hardships, concern for future projects, or moral responsibility—is not obviously intelligible from the perspective of either question alone. Marya (...) Schechtman encourages us to adopt a more unified perspective. (shrink)

Optimistic predictions that genetic and genomic testing will provide health benefits have been tempered by the concern that individuals who receive their results may experience negative psychosocial outcomes. This potential ethical and clinical concern has prompted extensive conversations between policy‐makers, health researchers, ethicists, and the general public. Fortunately, the psychosocial consequences of such testing are subject to empirical investigation, and over the past quarter century, research that clarifies some of the types, likelihood, and severity of potential harms from learning the (...) results of the testing has accumulated. I aim to provide an overview of the findings of this research by looking at selected systematic reviews. This will convey the gist of the literature’s quality and coverage, reveal gaps in existing knowledge, and highlight promising areas for future scholarship. (shrink)

Philosophers of music often appeal to intuition to defend ontological theories of musical works. This practice is worrisome as it is rather unclear just how widely shared are the intuitions that philosophers appeal to. In this paper, I will first offer a brief overview of the debate over the ontology of musical works. I will argue that this debate is driven by a conflict between two seemingly plausible intuitions—the repeatability intuition and the creatability intuition—both of which may be defended on (...) the grounds that they are reflective of our actual musical practices. The problem facing philosophers within this debate is that there is no clear way to determine which of the two conflicting intuitions is more reflective of our musical practices. Finally, I offer discussion of an experimental study that was designed to test participants' intuitions regarding the repeatability of musical works. The evidence presented there suggests that the participants broadly accept the repeatability of musical works, but in a much narrower way than philosophers would likely accept. (shrink)

Seth Shabo has presented a new argument that attempts to codify familiar worries about indeterminism, luck, and control. His ‘Assimilation Argument’ contends that libertarians cannot distinguish overtly randomized outcomes from exercises of free will. Shabo claims that the argument possesses advantages over the Mind Argument and Rollback Argument, which also purport to establish that indeterminism is incompatible with free will. I argue first that the Assimilation Argument presents no new challenges over and above those presented by the Rollback Argument, and (...) second that the Rollback Argument itself neither presents a deep challenge to, nor raises the cost of, accepting libertarianism. (shrink)

This book is the first to consider the outpouring of photo-based art created in China since the mid-1990s. Ambitious in scale and experimental in nature, these works reflect the turn toward media-based art that characterizes the next generation of younger Chinese artists. In addition to fostering a new understanding of contemporary Chinese art, Between Past and Future also provokes fresh and timely insights into the dynamics of Chinese culture in the 21st century.

In multi-armed bandit problems, information acquired from experimentation is valuable because it tells the agent whether to select a particular option again in the future. This article tests whether people undervalue this information because they are ambiguity averse, or have a distaste for uncertainty about the average quality of each alternative. It is shown that ambiguity averse agents have lower than optimal Gittins indexes, appearing to undervalue information from experimentation, but are willing to pay more than ambiguity neutral agents to (...) learn the true mean of the payoff distribution, appearing to overvalue objectively given information. This prediction is tested with a laboratory experiment that elicits a Gittins index and a willingness to pay on six two-armed bandits. Consistent with the predictions of ambiguity aversion, the Gittins indexes are significantly lower than optimal and willingnesses to pay are significantly higher than optimal. (shrink)

I am very grateful to Jeffrie Murphy for his response to my article1 and to Jonathan Jacobs for the chance to respond in turn to Murphy’s criticisms. It is a particular honor for me to respond to J...

Synthetic biology is a cutting-edge area of research that holds the promise of unprecedented health benefits. However, in tandem with these large prospective benefits, synthetic biology projects entail a risk of catastrophic consequences whose severity may exceed that of most ordinary human undertakings. This is due to the peculiar nature of synthetic biology as a ‘threshold technology’ which opens doors to opportunities and applications that are essentially unpredictable. Fears about these potentially unstoppable consequences have led to declarations from civil society (...) groups calling for the use of a precautionary principle to regulate the field. Moreover, the principle is prevalent in law and international agreements. Despite widespread political recognition of a need for caution, the precautionary principle has been extensively criticized as a guide for regulatory policy. We examine a central objection to the principle: that its application entails crippling inaction and incoherence, since whatever action one takes there is always a chance that some highly improbable cataclysm will occur. In response to this difficulty, which we call the ‘precautionary paradox,’ we outline a deliberative means for arriving at threshold of probability below which potential dangers can be disregarded. In addition, we describe a Bayesian mechanism with which to assign probabilities to harmful outcomes. We argue that these steps resolve the paradox. The rehabilitated PP can thus provide a viable policy option to confront the uncharted waters of synthetic biology research. (shrink)

Globalization leads to cross-border business transactions between societies with very different norms and regulations regarding bribery. Bribery in international business transactions can be seen as a function of not only the demand for such bribes in different countries, but the supply, or willingness to provide bribes by multinational firms and their representatives. This study addresses the propensity of firms from 30 different countries to engage in international bribery. The study incorporates both domestic (economic development, culture, and domestic corruption in the (...) supplying country) and international factors (those countries’ patterns of trade and involvement in international accords) in explaining the willingness to bribe abroad. The propensity to provide bribes was the lowest when corruption was not tolerated in the multinational firms’ home countries, when the firms’ countries were signatories of the Organization for Economic Cooperation and Development (OECD) anti-bribery convention, and when those countries traded heavily with wealthier nations. Further, these findings are maintained when controlling for levels of economic development and cultural values in the supplying country. In terms of culture, firms from high power distance countries showed a somewhat greater propensity for providing bribes in transactions with less-developed nations. (shrink)

How can thinking be effective in enabling us to meet our goals? If we answer this in terms of representation relations between thoughts and the world, then we are challenged to explain what representation is, which no one has been able to do. If we drop the appeal to representation, then it is hard to explain why certain inferences are good and others are not. This paper outlines a strategy for a nonrepresentationalist account of the way in which the structure (...) of reality may drive cognition. It begins by restricting our attention to certain paradigm cases of linguistically-mediated cooperative exchange. Second, it introduces a kind of nonconceptual thinking -- thinking in mental images. Third, in terms of imagistic cognition, the nonnormative conditions under which sentences are asserted and accepted is explained. Fourth, in terms of these conditions, the possibility of successful linguistic exchange in the paradigm cases is to be explained. Fifth, the strategy calls for an explanation how a language can be internalized and become a medium of intrapersonal thought. Finally, the norms of discourse can be conceived as norms that supervise the processes of linguistic exchange so explained. In this paper only the first three steps of the overall strategy will be carried out in any detail. But a strategy for completing the last three steps will be sketched. (shrink)

This paper explores foreign travel as an affective experience, embodied practice and form of learning. Drawing on ethnographic fieldwork on tourism and pilgrimage in the Himalayan region, the phenomenological notions of “home world” and “alien world” are employed to discuss how perceptions of strangeness and everyday practices are shaped by enculturation and socialisation processes. It is shown that travellers bring the habitus and doxa acquired in the home world to foreign situations, where these embodied knowledge schemes and abilities for skilful (...) coping can break down. In a home world, cultural patterns offer actors “trustworthy recipes for interpreting the social world” (Schütz, 1944, pp. 501–502) that allow everyday experience to go largely unnoticed and unquestioned. In alien worlds, however, travellers – as strangers – encounter differences and disturbances that disrupt experience and cause things normally overlooked to become “lit up”. Using Husserlian and Heideggerian notions of “light breaks” and Dewey's theory of challenge, the author argues that foreign travel generates a form of embodied learning. This occurs first on the level of the pre-reflexive body that is affected and solicited by the new and unfamiliar demands of an alien world. Ultimately, through continuous adjustment of habits and practices in foreign environments, an embodied cosmopolitanism is generated via accumulated travel experience. This calls attention to the role of the lived body in travel experience, as well as the role of place and environment in shaping human practices, perceptions and modes of dwelling. (shrink)

Recent debate on the relationship between cyber threats, on the one hand, and both strategy and ethics on the other focus on the extent to which ‘cyber war’ is possible, both as a conceptual question and an empirical one. Whether it can is an important question for just war theorists. From this perspective, it is necessary to evaluate cyber measures both as a means of responding to threats and as a possible just cause for using armed kinetic force. In this (...) paper, I shift the focus away from ‘war’ as such in order to ask whether some cyber threats might justifiably be characterized as a form of ‘violence.’ Some theorists argue that the term violence ought to be defined so as to encompass things like ‘structural’ harm or harm by neglect and thereby question implicitly the focus of just war theorists on armed force. This paper draws on a theory of violence I developed elsewhere as a defence of just war theory’s narrow understanding of violence. According to the ‘Double-Intent’ theory, a distinctive form of ‘Violent Agency’ is the factor uniting the category of violence while partly accounting for the peculiar moral connotations of the term. Here, I argue that the resulting definition of violence reshapes the category in a way that includes some forms of cyber-attack. This may help us to see where cyber might fit in relation to just war theory and the ethics of kinetic attack. (shrink)

Throughout history, war seems to have had an iron grip on humanity. In this short book, internationally renowned philosopher of war, Christopher Coker, challenges the view that war is an idea that we can cash in for an even better one - peace. War, he argues, is central to the human condition; it is part of the evolutionary inheritance which has allowed us to survive and thrive. New technologies and new geopolitical battles may transform the face and purpose of (...) war in the 21st century, but our capacity for war remains undiminished. The inconvenient truth is that we will not see the end of war until it exhausts its own evolutionary possibilities. (shrink)

Daniel Putman thinks I am right to hold that for Aristotle a concern to appear before one's peers in a certain way is internal to virtue. He takes me to suppose that things are otherwise under a ‘modern concept of virtue’, and says that I am wrong about this. Putman rightly distinguishes between a desire to look good before one's peers which is a substitute for virtue, and a desire to look good to them because, acting virtuously, ‘we genuinely deserve (...) to be viewed that way’. Once this distinction is made, Putman thinks, we can appreciate that modern ethical understanding is as much dependent on ‘the communitarian foundation of character’ as is Aristotelian virtue. The only thing, says Putman, which gulls us into thinking otherwise is the sociological fact that Aristotle's political community was homogenous, while ours is heterogenous, so that more often virtuous people today will have to act in a way which goes against what many around them think. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vice and Naturalistic OntologyChristopher R. Williams (bio)Keywordscausality, criminality, determinism, medical model, positivismThese questions have been posed: Is vice (encompassing criminal and other wrongful conduct) best regarded as “sick” behavior, “immoral” behavior, or some other type altogether? Are we to understand vice in natural-medical terms, or are we better served by utilizing a moral framework? Is criminality reducible to and best categorized as a metaphysical type the essential features of (...) which are neurological or otherwise biological in nature? Or, perhaps, is criminality closer to a (non-natural) sociological type, the essential features of which can be understood only through reference to social norms and cultural conventions? These are torturously involved philosophical and theoretical questions that have given rise to an equally torturous volume of literature. Without pretending to do justice to these questions or their corresponding literature, several key considerations that must be inserted into and accounted for within the discursive pursuit of these inquiries are worth noting.Where a naturalistic ontology is employed within the study of vice, we reduce the intricacies of deviant behavioral phenomena to what we presume to be their underlying medical/biological properties. It is worth remembering that behavior itself cannot rightfully be said to be “sick”; rather, what we mean to say is that the behavior in question—in our case, various forms of “vice”—is symptomatic of some underlying illness or medical/biological condition. The presumed underlying sickness and the behavior itself are distinct, ontologically linked only through their theorized relationship to one another. This, then, is a key assumption of the medical approach to vice and its ontological classification as a natural-medical kind: that there exists a relationship between the behavior (a symptom) and the underlying illness or medical condition, and that the relationship is of the causal kind. Vice, it is suggested, is a change in state that is caused by (or, at the very least, is a direct consequence of) sickness or illness. Second, to legitimate such attributions, the illness supplying the requisite causal force must be identifiable and its causal connection to the behavior must be or be capable of being sufficiently explicated. In other words, once we have identified the relevant medical/biological properties and the behavior to which they stand in causal relatedness, we must be prepared to characterize this dynamic—we must be able to show exactly how and why such and such a condition gives rise to such and such a behavior.Problematically, causation itself is and has always been a contentious metaphysical specimen. Hume (1955) reminded us of the troubling reality [End Page 39] that we cannot ever “see” one thing cause or necessitate another. We are left, rather, to merely presume the existence of causal relationships between things. How is it, exactly, that disorder in neurodevelopment can necessitate certain behavioral outcomes? Even if we can “see” (in the empirical sense) the disorder and equally “see” the behavior, we cannot of course witness the precise causal action of the former upon the latter. Even if we are content inferring causal action in such cases, we still need to demonstrate the basic conditions of causality. To show that Condition X is causally related Behavior Y, we need to show that they are regularly associated with one another, that Condition X temporally preceded Behavior Y and, most challengingly, that no other conditions or factors have an intervening (e.g., additive, synergistic) influence. Hypothetically, if we were to posit a causal relationship between schizotypal personality traits and violent behavior, we would need to establish: (1) that schizotypal traits and violent behavior regularly coexist; (2) that those traits presented before the manifestation of the violent behavior; and (3) that no other factors (biological, psychological, and/or sociological) contributed in any meaningful way to those manifestations. We would thus need to systematically rule out family dynamics, income, education, intelligence, substance use, and so forth, as contributing factors. If, in turn, we were to determine that the presence of schizotypal traits alone is not sufficient—even if a necessary condition—to produce violent behavior but, rather, that those traits act in concert with other variables to produce the behavior, then we would not truly be... (shrink)

Yates reviews Janicaud’s critique in its first iteration, then observes what the emphases of its later form indicate about the kind of phenomenology he propounds. The paper highlights the contours of Janicuad's rigorous “minimalism,” his qualified “atheism,” and the peculiar manner in which his self-described pursuit of phenomenological “possibilities” is propelled by his rejection of theological possibilities. The author questions the selective appropriation of Husserl in Janicaud’s adherence to phenomenality and neutrality by underlining ambiguities within Husserl’s early focus on intuition (...) and the now famous bracketing of “transcendence” and/or “God” set forth in. (shrink)