We describe a number of conscientious objection cases in a liberal Western democracy. These cases strongly suggest that the typical conscientious objector does not object to unreasonable, controversial professional services—involving torture, for instance—but to the provision of professional services that are both uncontroversially legal and that patients are entitled to receive. We analyse the conflict between these patients' access rights and the conscientious objection accommodation demanded by monopoly providers of such healthcare services. It is implausible that professionals who voluntarily join (...) a profession should be endowed with a legal claim not to provide services that are within the scope of the profession's practice and that society expects them to provide. We discuss common counterarguments to this view and reject all of them. (shrink)

Terrorist attacks throughout the world and particularly within the United States have given rise to a new chapter in the ongoing debate over liberty versus security. The most recent manifestation of this dispute focuses on whether Muslim refugees can be denied entry as a class into the United States, based on their religion alone, for fear they might be harboring potential terrorists. This Essay shows that such a policy cannot be justified under the First Amendment Establishment Clause, as well the (...) United States’ expressed international commitments to preserving international human rights. What can be done is to engage a broader set of investigative approaches that are more likely to provide greater security than any policy focused on religion alone. (shrink)

Mackie drew attention to the distinct semantic and metaphysical claims made by metaethical realists, arguing that although our evaluative discourse is cognitive and objective, there are no objective evaluative facts. This distinction, however, also opens up a reverse possibility: that our evaluative discourse is antirealist, yet objective values do exist. I suggest that this seemingly farfetched possibility merits serious attention; realism seems committed to its intelligibility, and, despite appearances, it isn‘t incoherent, ineffable, inherently implausible or impossible to defend. I argue (...) that reflection on this possibility should lead us to revise our understanding of the debate between realists and antirealists. It is not only that the realist‘s semantic claim is insufficient for realism to be true, as Mackie argued; it‘s not even necessary. Robust metaethical realism is best understood as making a purely metaphysical claim. It is thus not enough for antirealists to show that our discourse is antirealist. They must directly attack the realist‘s metaphysical claim. (shrink)

In this paper, I take up one of Wang Yangming’s most audacious philosophical claims, which is that an achievement that is entirely concerned with correcting one’s own inner states, called “establishing sincerity” (licheng 立誠) can help one to fully grasp (jin 盡) all ethically pertinent matters, including those that would seem to require some ability to know or track facts about the wider world (e.g., facts about people very different from ourselves, facts about the needs of plants and animals). Wang (...) makes a claim to this effect in some of his letters and recorded discussions. -/- I begin with a brief, historical reconstruction of what Wang means by “establishing sincerity” and then turn to two sets of controversies regarding his audacious claim. The first has to do with how we should understand the proposal that establishing sincerity helps or positions a person to fully grasp all ethically significant concerns. On the interpretation of Chen Lai 陳來, Wang doesn’t think that establishing sincerity is sufficient by itself to have this grasp, only that it lays a necessary psychological foundation for all attempts to do so, so that it leaves much more work to do. I largely agree with Chen’s reading but find it isn’t strong enough to capture what’s most important and controversial about Wang’s view. On my stronger reading, Wang doesn’t just think that establishing sincerity provides a necessary foundation for a complete grasp, he also thinks that it describes the most difficult and demanding step or part of the process – the other steps come much more naturally and easily. The second set of controversies has to do with whether we can preserve Wang’s core account of virtuous moral agency without his strong ethical nativism, according to which we have an inherent capacity and disposition to track what is ethically important or salient about people and things very much unlike ourselves. I consider some arguments and interpretations of Wang’s thought that might allow us to bypass his nativist presuppositions, and conclude that they do not succeed. Even if we cannot accept his ethical nativism, however, there is a range of important ethical norms for which Wang’s prescriptions are powerful and prudent. The result of this study, I hope, will be an account of Wang’s thought which better positions us to see what parts are (and are not) worth bringing to ongoing debates about the nature of ethics, moral knowledge, and moral virtue. (shrink)

The development of some COVID-19 vaccines by private companies like Moderna and Sanofi-GSK has been substantially funded by various governments. While the Sanofi CEO has previously suggested that countries that fund this development ought to be given some priority, this suggestion has not been taken seriously in the literature. Considerations of nationalism, sustainability, need, and equitability have been more extensively discussed with respect to whether and how much a country is entitled to advance purchase orders of the vaccine under conditions (...) of absolute scarcity. Yet, little attention has been paid to whether prior investment into developing a vaccine entitles a country to some priority with respect to these orders. Moreover, while not a majority view, some survey results show that a significant minority of the populace does endorse some view like this. This article argues that the minority have a point: recognizing funder countries some priority is justified by the weak Lockean claim (WLC). According to the WLC, the fact that someone has contributed to the development of something gives them some entitlement to the resultant product. This article will defend the WLC, and address objections to the argument, including those pertaining to questions of historical injustice and medical need. This argument does not imply an unconstrained entitlement. Rather, contribution to development is one morally relevant factor that must be tempered by and weighed against potentially more substantial claims to priority based on need, equity, and other considerations. (shrink)

On January 11, 2024, the United Kingdom (U.K.) Supreme Court rendered its judgment in _Paul v Royal Wolverhampton NHS Trust_, restricting the circumstances in which “secondary victims” can successfully claim for damages in clinical negligence cases. This ruling has provided welcome clarity regarding the scope of negligently caused “pure” psychiatric illness claims, but the judgment may well prove controversial. In this article, I trace the facts and opinion from the majority and also discuss an important dissenting opinion. I then (...) reflect on what the ruling means for psychiatric illness claims by secondary victims, and more broadly on the implications for clinical negligence law. I suggest that while much-needed clarity has been injected in this area of the law, it is difficult, reading the majority of the Supreme Court’s emphasis on the restricted scope of a medical practitioner’s duty, to envision a scenario in which secondary victim could ever succeed in a clinical negligence context. (shrink)

On July 3, 1996, in Jones v. United States), the United States District Court for the Northern District of California held that plaintiffs in a wrongful birth action cannot recover costs or damages associated with the birth and upbringing of their daughter absent evidence of causation and proof to satisfy liability requirements. Plaintiffs scientific evidence regarding the alleged interaction between antibiotics and oral contraceptives did not satisfy the Daubertstandard, cert. denied,116 S. Ct. 189 )) for admissibility developed by the Supreme (...) Court. In addition, the plaintiffs failed to meet their burden of persuasion on duty of care and causation.On January 16, 1992, Karyn Jones went to a U.S. Army gynecologist, Dr. James Murphy, to obtain a prescription for birth control pills. (shrink)

In response to Paul Valéry's claim that “philosophy is poetry,” Simone Weil set out to examine the nature of philosophical thinking. She argues that it is above all concerned with value. In the course of her argument, she lays out the grammatical differences between thinking about value, and other epistemological endeavours. These differences mean that inconsistencies are not to be avoided in philosophy, and that philosophy is not a matter of system building. In the end, she also believes that (...) thinking philosophically requires one to possess the value of detachment, and hence a readiness to be transformed. (shrink)

Abstract:Taking its cue from a resonant passage in Stanley Cavell's The Claim of Reason, this essay reflects on the necessity of the figure of the child for Cavell's philosophy and for his understanding of the differences between Austinian and Wittgensteinian criteria. It develops the difference between instruction and initiation by meditating on how we learn the words for love. Finally, I examine briefly the figure of the boy Mamillius, son of the skeptic Leontes, in William Shakespeare's The Winter's Tale, (...) whom Cavell first noticed as central to the play's energies. (shrink)

It was proposed that ethical evaluation of insurance claim padding behavior would be affected by characteristics of the policyholder, insurance agent, and company. These three factors were manipulated in written scenarios and the premise was tested in a factorial experimental design. No significant support was found for an effect of any of the three factors on ethical perceptions of claim padding. However, females found claims padding to be significantly less ethical than males. Given a claim scenario where (...) the actual loss was $500 and the claimed amount was $3000, subjects awarded an average of $986.91 on the claim. Many respondents were willing to compensate victims for intangible losses as well as tangible losses. (shrink)

In Giving Reasons, Bermejo-Luque rightly claims that a normative model of the speech act of argumentation is more defensible if it rests on an internal aim that is constitutive of the act of arguing than if it rests, as she claims existing normative models do, on an aim that one need not pursue when one argues. She rightly identifies arguing with trying to justify something. But it is not so clear that she has correctly identified the internal aim of arguing (...) as showing that a target-claim is correct on the basis that a reason offered in its support is correct. First, if arguing is as she claims an attempt to justify, it is best construed as an attempt to justify the action or emotion expressed in its conclusion. Second, it is doubtful that qualified reasons and conclusions can always be reasonably reconstructed as unqualified claims, and even more doubtful that non-constative reasons and conclusions can always be reasonably reconstructed as indirect claims. Third, she needs to explain and justify her introduction of the concepts of showing and correctness in her analysis of the act of arguing. (shrink)

In 1870, Hermann von Helmholtz criticized the Kantian conception of geometrical axioms as a priori synthetic judgments grounded in spatial intuition. However, during his dispute with Albrecht Krause (Kant und Helmholtz über den Ursprung und die Bedeutung der Raumanschauung und der geometrischen Axiome. Lahr, Schauenburg, 1878), Helmholtz maintained that space can be transcendental without the axioms being so. In this paper, I will analyze Helmholtz’s claim in connection with his theory of measurement. Helmholtz uses a Kantian argument that can (...) be summarized as follows: mathematical structures that can be defined independently of the objects we experience are necessary for judgments about magnitudes to be generally valid. I suggest that space is conceived by Helmholtz as one such structure. I will analyze his argument in its most detailed version, which is found in Helmholtz (Zählen und Messen, erkenntnistheoretisch betrachtet 1887. In: Schriften zur Erkenntnistheorie. Springer, Berlin, 1921, 70–97). In support of my view, I will consider alternative formulations of the same argument by Ernst Cassirer and Otto Hölder. (shrink)

Many people accept, at least implicitly, what I call the asymmetry claim: the view that moral realism is more defensible than aesthetic realism. This article challenges the asymmetry claim. I argue that it is surprisingly hard to find points of contrast between the two domains that could justify their very different treatment with respect to realism. I consider five potentially promising ways to do this, and I argue that all of them fail. If I am right, those who (...) accept the asymmetry claim have a significant burden of proof. (shrink)

In this article I consider whether Aquinas’ arguments for the claim that God is His essence are conclusive, and what was his purpose of upholding this thesis. I show his proofs from Summa Theologiae and Summa Contra Gentiles to be problematic and argue that the defense of Aquinas’ views on that matter suggested by certain remarks of P. T. Geach is flawed.

In lieu of an abstract, here is a brief excerpt of the content:DIKTAT OR DIALOGUE? ON GADAMER'S CONCEPT OF THE ART WORK'S CLAIM by John Pizer How do we experience a work of art? Put another way, how does die work of art engage and address us? Hans-Georg Gadamer devoted much of his magnum opus, Truth and Method, to answering these questions, and he takes up the task again in a brief essay entided "Aesthetics and Hermeneutics" (1964). Earlier positions (...) on the nature of hermeneutical reflection, the historical context of aesthetic interpretation and the linguistic character underlying the apprehension of all modes of art are reformulated here. At first glance, the essay appears to be more the summary of a previous epistemology than a venture into new terrain. There is, in fact, almost nothing in this work which seems to contradict Gadamer's previous view. Nevertheless, the closing lines of the essay give his concept of art a dimension not directly perceptible in Truth and Method. This is the notion that the work of art challenges us, on a personal level, to change the course of our existence: "The intimacy with which the work of art touches us is at the same time, in enigmatic fashion, a shattering and a demolition of the familiar. It is not only the 'This art thou!' disclosed in ajoyous and frightening shock; it also says to us: 'Thou must alter thy life'!" {PH, p. 104).1 Whereas Truth and Method focuses on the heightened reflexivity gained in a dialogue with an aesthetic object, Gadamer's citation of Rilke's admonition would appear to turn the dialogue into a command, or at least an unmediated personal challenge, issued by the work of art. 272 John Pizer273 This is not to say that Truth andMethod is free ofpowerful, even violent language in its description of aesthetic experience. In discussing the concept of "Erlebnis" as it came to be the dominant term in phenomenological investigations ofconsciousness, Gadamer represents aesthetic experience as paradigmatic of all experience. Like the hermeneutic circle, consciousness is grounded in the interplay of discrete, individual experience and the experience oflife as a whole. Life as a whole consists of unique, episodic experiences, and yet these experiences only acquire meaning in the context of life in its totality. As Joel Weinsheimer puts it: "An experience is something the meaning ofwhich accompanies one through life, determining that life and being determined by it."2 An exceptional experience is an adventure, which gives a disruptivejolt to the even flow of life. But it allows one to experience life in its richness, fullness, and totality even as it tears one from life's quotidian context. In this, the aesthetic experience has the character ofan adventure: "The work of art seems destined to become an aesthetic experience. This means the person experiencing it is wrenched at one blow from the context of his life while at the same time he is related back to the whole of his existence" {WM, p. 66).3 But while Gadamer's terminology here in describing the experience of art is as violent as that of "Aesthetics and Hermeneutics," he does not suggest in Truth and Method that the work of art issues a command or injunction. Rather, by reflecting on the essence of experience as the dialectic of "exile and reunion," 4 our dialogue with the art work enriches our ability to understand and find truth in life as a whole. Of course, even in Truth and Method Gadamer distinguishes clearly between the silent dialogue between art work and spectator, particularly between reader and text, and the colloquy of individuals engaged in conversation. Nevertheless, he makes it clear that in both cases an openended dialectic ofquestion and answer motivates the engagement. Does the notion that a work of art "shatters" the familiar and admonishes us to change our lives contradict the earlier, seemingly more democratic parameters established by Gadamer as defining the search for ontological truth, and, more narrowly, the attempt at legitimate interpretation? The purpose of this paper will be to demonstrate that it does not. First ofall, we must note Gadamer's concept ofexperience {Erfahrung) in relationship to the text implies an openness to it rather than a detached, objective... (shrink)

The Claims of Common Sense investigates the importance of ideas developed by Cambridge philosophers between the World Wars for the social sciences concerning common sense, vague concepts and ordinary language. John Coates examines the thought of Moore, Ramsey, Wittgenstein and Keynes, and traces their common drift away from early beliefs about the need for precise concepts and a canonical notation in analysis. He argues that Keynes borrowed from Wittgenstein and Ramsey their reappraisal of vague concepts, and developed the novel argument (...) that when analysing something as complex as social reality, theory might be simplified by using concepts which lack sharp boundaries. Coates then contrasts this conclusion with the view shared by two contemporary philosophical paradigms - formal semantics and Continental post-structuralism - that the vagueness of ordinary language inevitably leads to interpretive indeterminacy. Developing a link between Cambridge philosophy and work on complexity, vague predicates and fuzzy logic, he argues that Wittgenstein's and Keynes's ideas on the economy of ordinary language present a mediating route for the social sciences between these philosophical paradigms. (shrink)

Since the publication of Kuhn’s The Structure of Scientific Revolutions in 1962, the notion of paradigms has shaped the way that philosophy views scientific discovery and how changes in what is regarded as empirical fact occur. This drew heavily on examples from the history of the natural sciences to support Kuhn’s hypothesis. However, some argue that medicine is different from the natural sciences. Gillies has proposed another theory of how paradigms apply to medicine; that of composite paradigms. In doing so, (...) Gillies uses the example of Helicobacter pylori and the shift from the excess-acid theory to the current bacterial-infection theory of gastric ulcers to illustrate these fundamental differences between medicine and the natural sciences.Upon analysis of Gillies’ claim, it is evident that traditional Kuhnian paradigms are also composite and that the manner in which Gillies proposes disease is classified is insufficient in describing medicine. Furthermore, new local paradigms are demonstrably introduced and the change was accompanied by many of the markers of paradigmatic change including changes in worldview, resistance, incommensurability and the introduction of new questions that could not have existed under the previous paradigm. Whilst this change may not be on the scale of the Chemical revolution, it can still be considered paradigm shift.Thagard also proposes an alternate view of discovery using the case of H. pylori. This has much in common with Kuhnian paradigms but Thagard’s theory offers further elucidation and refinement. This allows it to better characterise all of the associated features of discovery relevant in the case of H. pylori, thus provides a preferable tool for examination of this important recent discovery. (shrink)

Empirical findings about intuitions putatively cast doubt on the traditional methodology of philosophy. Herman Cappelen and Max Deutsch have argued that these methodological concerns are unmotivated as experimental findings about intuitions are irrelevant for assessments of the methodology of philosophy—I dub this the ‘Irrelevance Claim’. In this paper, I first explain that for Cappelen and Deutsch to vindicate the Irrelevance Claim from a forceful objection, their arguments have to establish that intuitions play no epistemically significant role whatsoever in (...) philosophy—call this the ‘Orthogonality Claim’. I then argue that even under a charitable reading of their views Cappelen and Deutsch fail to establish the Orthogonality Claim. Lastly, I discuss empirical evidence that the Orthogonality Claim is false. The arguments in this paper will demonstrate that Cappelen and Deutsch cannot motivate the Irrelevance Claim and that their replies to recent experimental attacks on traditional methodology of philosophy do not succeed. (shrink)

Beginning by offering an overview on legal aesthetic humanisms as a specific embodiment of critical discourse, and discussing the ways the recreation of juridical experience, rationality, and culture underpinning such a criticism, leaving behind monolithic views on textuality, judgment, and subjectivity, positively contributes to unsettling the main assumptions underlying typical understandings of law’s autonomy—mostly those of formal specification of juridical “sources” and “scientific” isolation of legal thought—, this paper argues that simply reproducing aesthetic heterodoxy as the epitome of a humanist (...) ‘alternative to law’, without first debating the very orthodox-heterodox binomial, ends up overlooking the discursive and methodological specificity of law, as a particular experience of practical and normative validity. In this way, it introduces, from an axiological-normative and juridically oriented standpoint, a different—jusaesthetic—argument for re-examining the relationship between law’s praxis, nomos, and community. (shrink)

Richard Thaler and Cass Sunstein, in Nudge: Improving Decisions About Health, Wealth, and Happiness, assert that rejecting the use nudges is ‘pointless’ because ‘[i]n many cases, some kind of nudge is inevitable’. Schlomo Cohen makes a similar claim. He asserts that in certain situations surgeons cannot avoid nudging patients either toward or away from consenting to surgical interventions. Cohen concludes that in these situations, nudging patients toward consenting to surgical interventions is uncriticizable or morally permissible. I call this argument: (...) The Unavoidability Argument. In this essay, I will respond to Cohen's use of the unavoidability argument in support of using nudges during the process of informed consent. Specifically, I argue that many so-called ‘unavoidable nudges’ are, in fact, avoidable. Although my argument is directed toward Cohen's use of the unavoidability argument, it is applicable to the unavoidability argument more generally. (shrink)

One often hears a version of the following: “A poem is never finished, just abandoned.” I have always found this proposition irksome. The fact that Paul Valéry seems to be the source of it, in something like the above form, makes me feel a certain trepidation in writing this. But I do find myself thinking, when I hear people say that their poems are never finished, only abandoned: why don’t you just finish them? I want a poem to be finished. (...) But is this the same as demanding it be perfect? This article is resolutely opposed to perfection, whether it comes in poetry or any other art. I start by citing a passage from Kant, as a way of offering an initial sketch of that opposition. I then turn to two brief... (shrink)

The article examines whether fulfilling one's potential and doing one's best are sufficient or necessary conditions for having a meaningful life. It concludes that they are just contributing factors and can sometimes even diminish life's meaning.

In this paper, I show that a phenomenological concept of normality can be helpful to understand the experiential side of post-truth phenomena. How is one’s longing for, or sense of, normality related to what we deem as real, true, or objective? And to what extent is the sense for “what (really) is” related to our beliefs of what should be? To investigate this, I combine a phenomenological approach to lived normality with a genealogical account of represented normality that sheds light (...) on the social and historical contingency of definitions of normality and their intertwinement with structures of power. It is my contention that such an approach to normality is well-suited to investigate how is and ought are interrelated within subjective experience and practice. This might in turn help overcoming one-sided debates on post-truth, which rely on the strict opposition of objectivity versus subjectivity, universal truth versus subjective experience, facticity versus meaning, or reason versus stupidity. It also sheds light on the ambivalent or contested status of experience within debates of post-truth and feminist theory. I will conclude that post-truth is related to what Hannah Arendt has termed the lack of a common world (i.e., normality), arguing that a plurality of experiences is needed to let the “real world” stand its ground again. (shrink)