Much of the sustained attention on pandemic preparedness has focused on the ethical justification for plans for the “crisis” phase of a surge when, despite augmentation efforts, the demand for life...

Meta-ethics without normative ethics is empty. In the current climate this hardly needs emphasis: since 1960 or so philosophers in the English-speaking world have put away their earlier reluctance to think about substantive moral issues. For a while, in fact, it seemed that normative ethics would completely dominate the scene in the way metaethics once did, but, happily, this situation has begun to change with the appearance of a stimulating and illuminating body of work on the rational basis of morality. (...) Even those philosophers most intent on solving first-order moral problems have begun to realize that, in the last analysis, normative ethics without meta-ethics is blind. (shrink)

Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first--the value view of rights--argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that (...) the familiar agency view of rights should be replaced with a different version according to which persons' rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory. (shrink)

The important recent book by Schurz ( 2019 ) appreciates that the no-free-lunch theorems (NFL) have major implications for the problem of (meta) induction. Here I review the NFL theorems, emphasizing that they do not only concern the case where there is a uniform prior—they prove that there are “as many priors” (loosely speaking) for which any induction algorithm _A_ out-generalizes some induction algorithm _B_ as vice-versa. Importantly though, in addition to the NFL theorems, there are many _free lunch_ theorems. (...) In particular, the NFL theorems can only be used to compare the expected performance of an induction algorithm _A_, considered in isolation, with the expected performance of an induction algorithm _B_, considered in isolation. There is a rich set of free lunches which instead concern the statistical _correlations_ among the generalization errors of induction algorithms. As I describe, the meta-induction algorithms that Schurz advocates as a “solution to Hume’s problem” are simply examples of such a free lunch based on correlations among the generalization errors of induction algorithms. I end by pointing out that the prior that Schurz advocates, which is uniform over bit frequencies rather than bit patterns, is contradicted by thousands of experiments in statistical physics and by the great success of the maximum entropy procedure in inductive inference. (shrink)

In this paper I defend epistemic circularity by arguing that the “No Self-Support” principle (NSS) is false. This principle, ultimately due to Fumerton ( 1995 ), states that one cannot acquire a justified belief in the reliability of a source of belief by trusting that very source. I argue that NSS has the skeptical consequence that the trustworthiness of all of our sources ultimately depends upon the trustworthiness of certain fundamental sources – sources that we cannot justifiably believe to be (...) reliable. This is a problem, I claim, because if the trustworthiness of all of our sources depends upon sources that we should not believe to be reliable, then a reflective individual should not trust any of his sources at all. The hidden cost of rejecting epistemic circularity is thus the unacceptable skeptical thesis that reflective individuals like you and I have no justified beliefs whatsoever. (shrink)

I distinguish between two conceptually different kinds of physical space: a space of ordinary material bodies, which is the space of points at which I could imaginably place the tip of my finger, or the center of a billiard-ball, and a space of elementary physical determinables, which is the smallest space of points such that stipulating what is happening at each one of those points, at every time, amounts to an exhaustive physical history of the universe. In all classical physical (...) theories, these two spaces happen to coincide – and what we mean by calling a theory “classical”, and all we mean by calling a theory “classical”, is precisely that these two spaces coincide. But once the distinction between these two spaces in on the table, it becomes clear that there is no logical or conceptual reason why they must coincide – and it turns out that a very simple way of pulling them apart from one another gives us quantum mechanics. (shrink)

Inferential Internalists accept the Principle of Inferential Justification (PIJ), according to which one has justification for believing P on the basis of E only if one has justification for believing that E makes probable P. Richard Fumerton has defended PIJ by appeal to examples, and recently Adam Leite has argued that this principle is supported by considerations regarding the nature of responsible belief. In this paper, I defend a form of externalism against both arguments. This form of externalism recognizes what (...) I call the phenomenon of reflective defeat: if one is justified in not believing that E makes probable P, then this defeats whatever justification one has for believing P upon the basis of E. I argue that this modified version of externalism has the virtue of accommodating the intuitions that motivate internalism, without the cost of the vicious regress that makes internalism so unattractive. (shrink)

The public forum has been connected to the functioning of democracy, expressive freedom, and the media's role in society. While the public forum's legal contours have been examined, the ethical foundation of the public forum has not. Relying on archival research, this article argues that ideas about the public forum can be traced to the pragmatism of Grenville Clark, who influenced ideas about the public forum through his work on the American Bar Association's Bill of Rights Committee.

When patients are admitted to the hospital, they are generally expected to remain in or within close proximity to their assigned rooms in order to promote their safety and appropriate medical care. Although there are circumstances when patients may safely leave their hospital room or floor, guidance within the medical literature for the management of patient movement within the hospital are lacking. Excessive restrictions on patient movement may be seen as overly paternalistic, while lax requirements may interfere with high quality (...) care, patient safety and efficient hospital practice. As a result, guidance in the form of institutional policy is warranted. Such policy development should take into consideration the potential clinical, legal, and ethical concerns in balancing the competing values of patients’ preferences and respect for autonomy, while ensuring high quality, safe, and efficacious medical care. This paper will provide a framework for hospitals to create institution-specific patient movement policies that are fair, systematic, and transparent. (shrink)

According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of punishment for an offense. According to the forfeiture view, criminals can justly be punished because they have forfeited certain rights in virtue of their crimes. The paper defends three theses about these two views. (1) The self-defense view is false because the right to threaten retaliation is not independent of the right to carry out that threat. (2) A more (...) plausible account of the right to threaten says instead that the right to retaliate is primary to the right to threaten, and that the former right in turn arises because aggressors forfeit the right not to suffer retaliation. (3) The ?fair warning thesis,? according to which just punishment must be preceded by a threat, is less plausible than first appearances suggest and is therefore no serious obstacle to the view of threats described above. (shrink)

In this paper, I consider the question of whether crime victims can be said to have a moral right to see their victimizers punished that could explain why they often feel wronged or cheated when the state fails to punish offenders. In the first part, I explain what I mean by a “right to punishment” and what it is for such a right to “explain” the frustrated crime victim’s reaction. In the second part, I distinguish such a right from a (...) Lockean-style right to punish, which is also shown incapable of providing the needed explanation. In the third part I argue that it is difficult to identify any benefit such that the right to punishment could plausibly be understood as a right to that benefit. I discuss two main candidates here: the vaguely Hegelian idea that punishment is itself some sort of restitution for the wrong done to the victim; and the idea, due to Victor Tadros, that punishment is a form of compensation for wrongdoing by contributing indirectly to protecting victims from future harm. In the final section, I suggest instead that the frustrated crime victim’s reaction, when justified, is best explained, not by the violation of any right to punishment, but rather by the state’s failure to treat the victim as an equal. (shrink)

This book provides an exploration of the ethics of cardiology practice. The chapters are divided by five broad areas of practice: beginning-of-life, end-of-life, transplantation and allocation of expensive or scarce resources, professionalism, and research.

Book reviewed in this article: Madness and the Criminal Law. By Norval Morris. The Insanity Plea: The Uses and Abuses of the Insanity Defense. By William J. Winslade and Judith Wilson Ross.

This essay offers a new reading of Heidegger’s early “formally indicative” view of religious life as a broad critique of popular representations of religious life in the human sciences and public discourse. While it has frequently been understood that Heidegger’s work aims at the “enactment” of religious life, the logic and implications of this have been rather unclear to most readers. Presenting that logic, I argue that Heidegger’s point parallels that of Alfred Schutz in suggesting that typical academic discussions of (...) religion constitute a determinate, deficient way of relating to religious individuals and groups and their concerns. Those concerns appear to the researcher herself in a way that they would not if the theorist were actually entertaining them as states of affairs in the real world, leading her to attribute beliefs to a hypothetical “nobody.” Heidegger’s early notion of formal indication explains the logic behind our lack of “realism” toward certain topics of research, and his comments on the study of religious life are a paradigm case for the descriptive fallacies that phenomenology can help to address. (shrink)

In this paper I criticize the standard argument for deontological egalitarianism, understood as the thesis that there is a moral claim to have an equal share of well-being or whatever other good counts. That argument is based on the idea that equals should be treated equally. I connect the debate over egalitarianism with that over comparative justice. A common theme is a general skepticism against comparative claims. I argue (i) that there can be no claim to equality based simply on (...) the fact of equal worth as that fact itself does not have any value for the supposed claim holder; and (ii) intuitions that suggest otherwise can be explained away without appealing to comparative claims. (shrink)

We introduce a framework that can be used to model both mathematics and human reasoning about mathematics. This framework involves stochastic mathematical systems (SMSs), which are stochastic processes that generate pairs of questions and associated answers (with no explicit referents). We use the SMS framework to define normative conditions for mathematical reasoning, by defining a “calibration” relation between a pair of SMSs. The first SMS is the human reasoner, and the second is an “oracle” SMS that can be interpreted as (...) deciding whether the question–answer pairs of the reasoner SMS are valid. To ground thinking, we understand the answers to questions given by this oracle to be the answers that would be given by an SMS representing the entire mathematical community in the infinite long run of the process of asking and answering questions. We then introduce a slight extension of SMSs to allow us to model both the physical universe and human reasoning about the physical universe. We then define a slightly different calibration relation appropriate for the case of scientific reasoning. In this case the first SMS represents a human scientist predicting the outcome of future experiments, while the second SMS represents the physical universe in which the scientist is embedded, with the question–answer pairs of that SMS being specifications of the experiments that will occur and the outcome of those experiments, respectively. Next we derive conditions justifying two important patterns of inference in both mathematical and scientific reasoning: (i) the practice of increasing one’s degree of belief in a claim as one observes increasingly many lines of evidence for that claim, and (ii) abduction, the practice of inferring a claim’s probability of being correct from its explanatory power with respect to some other claim that is already taken to hold for independent reasons. (shrink)

O autor reexamina a crítica de Derrida à fenomenologia de Husserl de forma a mostrar como a sua coerência estrutural emerge não tanto de uma redução a uma doutrina particular, mas antes das exigências de uma concepção unitária, especificamente impostas pelas determinações epistemológicas e metafísicas da presença. PALAVRAS-CHAVE – Desconstrução. Derrida. Fenomenologia. Husserl. Presença. Significado. ABSTRACT – The author reexamines Derrida’s critique of Husserl’s phenomenology, so as to show how its structural coherency arises not so much from the reduction to (...) a particular doctrine, but rather from the demands of a unitary conception, specifically from the demands imposed by the epistemological and metaphysical determinations of presence. KEY WORDS – Deconstruction. Derrida. Husserl. Meaning. Phenomenology. Presence. (shrink)

Terry Eagleton is the foremost Marxist cultural theorist of our time. In the first book-length study of this highly influential figure, David Alderson provides detailed discussions of Eagleton's Marxism and his engagements with postmodernism, as well as an evaluation of his interventions in Irish Studies. Each of the chapters in this important intervention in current theoretical debates offers accessible contextualization of the key issues and provides detailed analyses of Eagleton's literary criticism. Alderson shows that the complex relations between nature, (...) culture and ideology, body, subjectivity and authority are at the heart of Eagleton's ethical and political concerns. He goes on to demonstrate that these relations inform the theorist's critical examinations of such literary works as Wuthering Heights and The Merchant of Venice, and his treatment of W.B. Yeats and Oscar Wilde. (shrink)

David Bohm argues that our fragmented, mechanistic notion of order permeates not only modern science and technology today, but also has profound implications ...

Michael Hand argues that at least some moral standards can be robustly justified and that because of this educators can legitimately cultivate subscription to t.

Detectar una influencia filosófica constituye un ejercicio meticuloso aún más tratándose de un filósofo; Ortega y Gasset, sobre un campo específico; la filosofía de la técnica, en un continente; Hispanoamérica. ¿Como se produce ésta? ¿Por qué caminos y contradicciones u oposiciones eventuales pasa? ¿Qué papel desempeñaron los transterrados, entre ellos; José Gaos (México) y Juan David García Bacca (Venezuela)? ¿En qué medida la precocidad orteguiana en esta disciplina se reflejaría sobre un filosofar continental? A cuestionamientos específicos sobre una influencia (...) que queda por determinar se juntarán otros sobre la naturaleza de la influencia (filosófica) en general, sus características y modos de acción. (shrink)

In this paper I offer a partial defense of a constitutivist view according to which it is possible to defend fundamental requirements of practical reason by appeal to facts about what is constitutive of rational agency. I show how it is possible for that approach to circumvent the ‘is’/’ought’ problem as well as the requirement that it be possible to act contrary to practical reason. But I do not attempt to establish any particular fundamental requirement. The key ideas are that (...) such a requirement is not genuine if it is arbitrary, and that it is arbitrary just in case (a) it needs explanation and (b) that explanation could not, even in principle, be provided. (shrink)

This article studies the main actions of the three years of the Catalan government and parliament that culminated in the unilateral declaration of independence on October 27th, 2017. We mainly focus on the following issues: the so-called right to decide; the international and European Union support for the Catalan secessionist project; their economic viability ; the legal, social and democratic framework breakdown in Catalonia and some of the informational battle about the secessionist project.

The article discusses three research projects that I may never undertake: a genealogy of Nietzsche interpretations devolving from Bataille and Heidegger; a discussion of Derrida’s strange mix of biology and biography in his work on Nietzsche; and an account of meetings I had on various occasions with Heidegger, Arendt, and Derrida.

Religious education is situated on the threshold between the environment of students and theology. As a commuter across these borders religious education knows about the dialectical relation and importance of transgression and protection of borders. The article focuses on the risks of un–limited life, which can be related with a lack of capacity of orientation like the sociological phenomenon of the so–called »existentially–indifferent youth« is showing. The second part tries to connect these analysis with the literary phenomenon of the zombie, (...) as the particular figure of transgressing the ultimate border and still living — without borders. In the third part the article asks for the theological points of contact for religious education and tries to explain the potential of religious education in the context of a youth which is struggling with necessary transgression of borders and the living in a situation, where borders are more and more eliminated. (shrink)

This essay weaves together the history of political and legal thought, contemporary democratic theory, and recent debates in legal scholarship to examine the ambivalent relationship between political parties and democracy. Celebrated as a structural necessity for the mechanics of democratic government, political parties are also handled with suspicion for their hybrid nature—neither entirely public nor completely private—and for their always-possible regression into factions. Anti-factionalism, I show, has been a powerful ideal driving constitutional imagination and practice over the centuries, from antiquity (...) (with its emphasis on parts and its horror over factions), to the age of democratic revolutions (with its signature anxieties about divisions), up through the present. However, this long historical process has not extinguished the long-lived concern with the nature and implications of party spirit, nor has it made party democracy completely safe from revamped forms of factionalism. Two manifestations of factional politics stand out in the contemporary political landscape: authoritarian regime changes and populist constitutionalism. While the former is easy to diagnose but hard to prevent, the latter exemplifies a torsion of the constitutional and democratic imagination from within. Despite their differences, both scenarios remind us that constitutions need to envision mechanisms to prevent parties from undermining the liberal democratic order they have been designed to serve. At the same time, they call for renewed attention to the study of parties in the domains of democratic theory and constitutional scholarship. (shrink)