ZusammenfassungDurch eine Gesetzesänderung im Dezember 2019 ist im Rahmen von Strafermittlungsverfahren nunmehr der Einsatz des „Forensic DNA Phenotyping“, d. h. von Technologien zur Vorhersage von Haut-, Haar- und Augenfarbe sowie biologischem Alter, erlaubt. Dieser Beitrag diskutiert die Verlässlichkeit, Nützlichkeit und Legitimität von solchen Erweiterten DNATechnologien und damit die Rahmenbedingungen ihres Einsatzes in Deutschland. Dabei wird aufgezeigt wie kompliziert, fehleranfällig, voraussetzungsreich, anspruchsvoll und heikel der Einsatz dieser Technologien in Ermittlungen sein kann, wenn nicht entsprechende Vorkehrungen getroffen werden, und wenn sie nicht (...) auf umsichtig begleitete Einzelfälle beschränkt bleiben. Aufbauend auf dieser Analyse werden schließlich Maßnahmen für die Anwendung und Regulierung Erweiterter DNA-Technologien in Deutschland vorgeschlagen. (shrink)

Feijóo on Cartesianism; a chapter on French influence in Spain.--Feijóo and Malebranche.--The influence of Pierre Bayle on Feijóo.--Fontenelle in the writings of Feijóo.

Please send me an email (fabian[email protected]) if you wish to receive a copy of the book. — 'In this highly ambitious, wide ranging, immensely impressive and ground-breaking work Fabian Dorsch surveys just about every account of the imagination that has ever been proposed. He identifies five central types of imagining that any unifying theory must accommodate and sets himself the task of determining whether any theory of what imagining consists in covers these five paradigms. Focussing on what he (...) takes to be the three main theories, and giving them each equal consideration, he faults the first two and embraces the third, which argues that imagining is a special form of mental agency. The scholarship is immaculate, the writing crystal clear and the argumentation always powerful.' (Malcolm Budd). (shrink)

Philosophy &Public Affairs, Volume 51, Issue 2, Page 166-190, Spring 2023.

Adorno notoriously asserted that there is no 'right' life in our current social world. This assertion has contributed to the widespread perception that his philosophy has no practical import or coherent ethics, and he is often accused of being too negative. Fabian Freyenhagen reconstructs and defends Adorno's practical philosophy in response to these charges. He argues that Adorno's deep pessimism about the contemporary social world is coupled with a strong optimism about human potential, and that this optimism explains his (...) negative views about the social world, and his demand that we resist and change it. He shows that Adorno holds a substantive ethics, albeit one that is minimalist and based on a pluralist conception of the bad - a guide for living less wrongly. His incisive study does much to advance our understanding of Adorno, and is also an important intervention into current debates in moral philosophy. (shrink)

In this paper, I describe and discuss two mental phenomena which are somewhat neglected in the philosophy of mind: focused daydreaming and mind-wandering. My aim is to show that their natures are rather distinct, despite the fact that we tend to classify both as instances of daydreaming. The first difference between the two, I argue, is that, while focused daydreaming is an instance of imaginative mental agency, mind-wandering is not—though this does not mean that mind-wandering cannot involve mental agency at (...) all. This personal-level difference in agency and purposiveness has, furthermore, the consequence that instances of mind-wandering do not constitute unified and self-contained segments of the stream of consciousness—in stark contrast to focused daydreams. Besides, the two kinds of mental phenomena differ in whether they possess a narrative structure, and in how we may make sense of the succession of mental episodes involved. (shrink)

Over the last two decades, Axel Honneth has written extensively on the notion of social pathology, presenting it as a distinctive critical resource of Frankfurt School Critical Theory, in which tradition he places himself, and as an alternative to the mainstream liberal approaches in political philosophy. In this paper, I review the developments of Honneth's writing on this notion and offer an immanent critique, with a particular focus on his recent major work "Freedom's Right". Tracing the use of, and problems (...) internal to, Honneth's concept of social pathology serves to demonstrate his increasing reformism. It also serves to catalogue some of the dead ends that Critical Theory should avoid in taking up the idea of social pathology. The implication is not that this idea should be dropped. Rather, the paper is undertaking the necessary step of clearing the ground for further progress to take place on the question of what role the idea of social pathology can and should play in Critical Theory. The paper is critical in nature (and relentlessly so), but ultimately serves a constructive purpose. (shrink)

In this article, I defend the view that we can acquire factual knowledge – that is, contingent propositional knowledge about certain (perceivable) aspects of reality – on the basis of imaginative experience. More specifically, I argue that, under suitable circumstances, imaginative experiences can rationally determine the propositional content of knowledge-constituting beliefs – though not their attitude of belief – in roughly the same way as perceptual experiences do in the case of perceptual knowledge. I also highlight some philosophical consequences of (...) this conclusion, especially for the issue of whether imagination can help us to learn something from fictions. (shrink)

The problem of algorithmic fairness is typically framed as the problem of finding a unique formal criterion that guarantees that a given algorithmic decision-making procedure is morally permissible. In this paper, I argue that this is conceptually misguided and that we should replace the problem with two sub-problems. If we examine how most state-of-the-art machine learning systems work, we notice that there are two distinct stages in the decision-making process. First, a prediction of a relevant property is made. Secondly, a (...) decision is taken based (at least partly) on this prediction. These two stages have different aims: the prediction is aimed at accuracy, while the decision is aimed at allocating a given good in a way that maximizes some context-relative utility measure. Correspondingly, two different fairness issues can arise. First, predictions could be biased in discriminatory ways. This means that the predictions contain systematic errors for a specific group of individuals. Secondly, the system’s decisions could result in an allocation of goods that is in tension with the principles of distributive justice. These two fairness issues are distinct problems that require different types of solutions. I here provide a formal framework to address both issues and argue that this way of conceptualizing them resolves some of the paradoxes present in the discussion of algorithmic fairness. (shrink)

Abstractabstract:Was there a linguistic turn in Frankfurt School Critical Theory before Habermas's communications-theoretic one? Might later Wittgenstein and the early Frankfurt School have adopted similar pictures of language? I propose that both questions should be answered affirmatively, focusing on Horkheimer's Eclipse of Reason. I argue that, thanks to the picture of language that Horkheimer and Adorno share with (later) Wittgenstein, we can reconstruct their theory in a way that renders it more defensible. Insofar as the human life form and language (...) are inseparable, language can be an inextinguishable reservoir of what Horkheimer called "objective reason." Recognizing this allows us to answer Habermas's critique of Horkheimer and Adorno. Moreover, paying attention to this inseparableness can enable us to engage in disclosing social critique (for example, regarding current debates about sustainability). (shrink)

Theodor W. Adorno inspired much of Germany’s 1960s student movement, but he came increasingly into conflict with this movement about the practical implications of his critical theory. Others – including his friend and colleague Herbert Marcuse – also accused Adorno of a quietism that is politically objectionable and in contradiction with his own theory. In this article, I recon- struct, and partially defend, Adorno’s views on theory and (political) praxis in Germany’s 1960s in 11 theses. His often attacked and maligned (...) stance during the 1960s is based on his analysis of these historical circumstances. Put provocatively, his stance consists in the view that people in the 1960s have tried to change the world, in various ways; the point – at that time – was to interpret it. (shrink)

The article argues that persons should be conceived as self-owners and entitled to acquire private property within justifiable property conventions because they should be able to live as project pursuers. This is the ‘project pursuit argument’. It leads to a conception of self-ownership that is stringent, but weaker than standard libertarian notions of self-ownership, and to an understanding of private property as a convention that has to meet a sufficientarian threshold in order to be justifiable.

Justin Garson has recently argued that proper functions are proximal activities of traits selected by phylogenetic or ontogenetic selection processes, and that traits are dysfunctional only if they cannot perform their proper functions for constitutional reasons. We partially agree with Garson, but reject the view that functions are proximal activities, as well as his account of dysfunctions. Instead, we propose our own theory that biological functions are selected dispositions and that a trait is dysfunctional in virtue of not having the (...) dispositions for which it was selected. This account can explain both defects (or dysfunctions in Garson’s sense) and dysfunctions due to environmental factors. Moreover, it offers a neat way to explain the graduality of dysfunction. (shrink)

Sufficientarian libertarianism is a theory of justice that combines libertarianism’s focus on property rights and non-interference with sufficientarianism’s concern for the poor and needy. Persons are conceived as having stringent rights to direct their lives as they see fit, provided that everyone has enough to live a self-guided life. Yet there are different ways to combine libertarianism and sufficientarianism and hence different types of sufficientarian libertarianism. In the article I present and discuss three types, and I argue that the last (...) one overcomes the problems of the other two. The first type combines libertarianism with a sufficiency principle in what is sometimes called the ‘ethics of distribution’. The second incorporates modest welfare rights into a libertarian theory of justice. The third endorses a sufficientarian Lockean proviso for practices of private property within a libertarian theory of justice. I argue that it is superior to the others. (shrink)

In this article, I present two objections against the view that aesthetic judgements – that is, judgemental ascriptions of aesthetic qualities like elegance or harmony – are justified non‐inferentially. The first is that this view cannot make sense of our practice to support our aesthetic judgements by reference to lower‐level features of the objects concerned. The second objection maintains that non‐inferentialism about the justification of aesthetic judgements cannot explain why our aesthetic interest in artworks and other objects is limited to (...) only some of their lower‐level features that realise their higher‐level aesthetic qualities. Although my concern with the view that aesthetic judgements are subject to non‐inferential justification is very general, my discussion is primarily structured around Sibley's well‐developed and influential version of this view. (shrink)

This chapter overviews Hume’s thoughts on the nature and role of imagining and focusses primarily on three important distinctions that Hume draws among our conscious mental episodes: (i) between impressions and ideas; (ii) between ideas of the memory and ideas of the imagination; and (iii), among the ideas of the imagination, between ideas of the judgement and ideas of the fancy. In addition, the chapter considers Hume’s views on the imagination as a faculty of producing ideas, as well as on (...) the part that imagining plays in the acquisition of modal knowledge and in the comprehension of, and resistance to, false or fictional opinions. (shrink)

Doxasticism about our awareness of normative (i.e. justifying) reasons – the view that we can recognise reasons for forming attitudes or performing actions only by means of normative judgements or beliefs – is incompatible with the following triad of claims: -/- (1) Being motivated (i.e. forming attitudes or performing actions for a motive) requires responding to and, hence, recognising a relevant reason. -/- (2) Infants are capable of being motivated. -/- (3) Infants are incapable of normative judgement or belief. -/- (...) It should be clear that (3) is true, given that infants lack the required reflective and conceptual capacities. So doxasticists have to reject either (1) or (2) (or both). But this forced choice may be understood as a dilemma for doxasticism. On the hand, doxasticists may adopt a Kantian approach and reject (2), precisely because they think that motivation presupposes the doxastic recognition of reasons, and because infants lack the capacity to doxastically recognise reasons. But this choice seems to wrongly reduce the responses of infants to mere reflexes or instinctive reactions. On the other hand, doxasticists may choose a Humean route and deny (1) by espousing a purely causal or teleological account of motivation. But this would mean detrimentally ignoring the normative nature of (some instances of) motivation. -/- One elegant way of avoiding this dilemma is to give up doxasticism and instead endorse experientialism – the view that we enjoy some experiential access to reasons, which is independent of, and perhaps more fundamental than, our capacity to form normative judgements and beliefs. In this talk, I would like to provide an argument for the existence of such a non-doxastic form of access to reasons. More specifically, I aim to defend the claim that our basic awareness of reasons is phenomenal in nature. What this means is that it forms part of our access from the inside to those of our mental episodes that provide us with access to reasons. In other words, when we introspectively attend to reason-giving mental episodes and what they are about, we have the impression of the presence of a reason for us. My defence of this experientialist alternative to doxasticism will primarily focus on perceptual reasons for first-order beliefs about the external world. (shrink)

One central fact about hallucinations is that they may be subjectively indistinguishable from perceptions. Indeed, it has been argued that the hallucinatory experiences concerned cannot— and need not—be characterized in any more positive general terms. This epistemic conception of hallucinations has been advocated as the best choice for proponents of experiential (or “naive realist”) disjunctivism—the view that perceptions and hallucinations differ essentially in their introspectible subjective characters. In this chapter, I aim to formulate and defend an intentional alternative to experiential (...) disjunctivism called experiential intentionalism. This view not only enjoys some advantages over its rival but is also compatible with the epistemic conception of hallucinations, as well as with the disjunctivist view that perceptions and hallucinations differ essentially in their third-personal structures (e.g., their causal, informational, or reason-providing links to reality). It also maintains that there are actually two aspects to the subjective indistinguishability of mental episodes: (i) we cannot distinguish their first-personal characters in introspective awareness; and (ii) we cannot distinguish their third-personal structures in experiential awareness—that is, in how they are given to consciousness. While experiential disjunctivism makes the mistake of ignoring (ii) and reducing subjective indiscriminability to (i), experiential intentionalism correctly identifies (ii) as the primary source of the subjective indistinguishability of perception-like hallucinations. Accordingly, the intentional error involved in such hallucinations is due to the fact that we consciously experience them as possessing a relational structure. (shrink)

This book explores the morality of compromising. The author argues that peace and public justification are values that provide moral reasons to make compromises in politics, including compromises that establish unjust laws or institutions. He explains how it is possible to have moral reasons to agree to moral compromises and he debates our moral duties and obligations in making such compromises. The book also contains discussions of the sources of the value of public justification, the relation between peace and justice, (...) the nature of modus vivendi arrangements and the connections between compromise, liberal institutions and legitimacy. In exploring the morality of compromising, the book thus provides some outlines for a map of political morality beyond justice. (shrink)

Martin Heideggers Abendgespräch in einem russischen Kriegsgefangenenlager zwischen einem Jüngeren und einem Älteren ist datiert auf den 8. Mai 1945, den Tag, an dem der Nationalsozialismus besiegt wurde. Der Schlüssel zum Verständnis des Textes ist ein Zitat aus dem klassischen daoistischen Buch Zhuangzi. Warum wendet sich Heidegger an diesem Tag der chinesischen Philosophie zu? Für den Philosophen und Sinologen Fabian Heubel birgt das Abendgespräch die einzigartige Gelegenheit, Heideggers Öffnung für östliches Denken kritisch zu erörtern. Zugleich zeigt sich die Kommunikationsverweigerung (...) zwischen Heidegger und Adorno in neuem Licht, indem das Buch beide mit Hilfe daoistischen paradoxen Denkens ins Gespräch kommen lässt. Im Kommunizieren dieser drei Momente tritt eine transkulturelle Kritik hervor, die durch geschichtliches Bewusstsein von Nöten gezeichnet ist. Heideggers Kehre nach Osten ist gescheitert. Andererseits gibt es keinen philosophischen Weg nach China, der an seinem Denken vorbeiführt."-- Back cover. (shrink)

In the last ten or fifteen years, realism has emerged as a distinct approach in political theory. Realists are skeptical about the merits of abstract theories of justice. They regard peace, order, and stability as the primary goals of politics. One of the more concrete aims of realists is to develop a realist perspective on legitimacy. I argue that realist accounts of legitimacy are unconvincing, because they do not solve what I call the “puzzle of legitimacy”: the puzzle of how (...) some persons can have the right to rule over others, given that all persons are equals. I focus on the realist accounts of legitimacy developed by Bernard Williams and John Horton. (shrink)

A libertarian theory of justice holds that persons are self-owners and have the Hohfeldian moral power to justly acquire property rights in initially unowned external resources. Different variants of libertarianism can be distinguished according to their stance on the famous Lockean proviso. The proviso requires, in Locke’s words, to leave ‘enough and as good’ for others, and thus specifies limits on the acquisition of property. Left-libertarians accept an egalitarian interpretation of the proviso, ‘right-libertarians’ either reject any kind of proviso or (...) accept rather weak versions of it. In be-tween there is room for moderate interpretations of the proviso, and in particular for a sufficientarian interpretation: a ‘sufficiency proviso.’ The resulting theory of justice can be called ‘moderate libertarianism.’ In this article I make a case for moderate libertarianism, so understood. I argue that moderate libertarianism has advantages over both left- and right-libertarianism because it better coheres with the most plausible rationale for endorsing a libertarian theory of justice in the first place. (shrink)

What is the scope of our conscious mental agency, and how do we acquire self-knowledge of it? Both questions are addressed through an investigation of what best explains our inability to form judgemental thoughts in direct response to practical reasons. Contrary to what Williams and others have argued, it cannot be their subjection to a truth norm, given that our failure to adhere to such a norm need not undermine their status as judgemental. Instead, it is argued that we cannot (...) form judgements at will because we subjectively experience them as responses to epistemic reasons, and because this is incompatible with our experiential awareness of direct mental actions, such as instances of imagining. However, this latter awareness does not extend to indirect agency, which relies on epistemic or causal processes as means. Judging may therefore still count as an indirect action - just like, say, breaking a window by throwing a stone. (shrink)

The imagination poses fascinating philosophical questions across a range of subjects including philosophy of mind, aesthetics and epistemology. However, until now it has been a relatively neglected topic. How do acts of imagining differ from other mental episodes, such as perceptions or judgements? What kind of awareness is involved in imagining? Can imagining ground knowledge and if so, how reliable is it? Is there some unity to the various forms of imagining? In this book Fabian Dorsch considers these questions, (...) introducing and assessing all the main issues and arguments concerning imagination, including: episodic imagining imagining objects propositional imagining imagination and epistemology imagination and aesthetics imagination and cognitive science the unity of imagining. Including chapter summaries, annotated further reading and a glossary, _Imagination_ is an ideal starting point for anyone studying the philosophy of imagination for the first time as well as more advanced students and researchers in philosophy, psychology and related disciplines. (shrink)

This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...) author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain. Fabian Schuppert creates a grand synthesis uniting neo-republican insights on freedom with Hegelian recognition theory. The result is an account of agency that arises from the idea of non-domination whose aim it is to safeguard individual freedom. When combined with Hegelian recognition theory a social focus also emerges. This amalgam comments on many of the major disputes concerning global justice from a cosmopolitan perspective. Because of the broad scope and the many contemporary discussions engaged this book will be of keen interest to scholars as well as a welcome addition to the classroom. (shrink)

Need-claims are ubiquitous within moral and political theory. However, need-based theories are often criticized for being too narrow in scope and too focused on the material preconditions for leading a decent life for grounding a substantial theory of social justice. The aim of this paper is threefold. Firstly, it will investigate the nature and scope of needs by analysing existing conceptualizations of the idea of needs. In so doing, we will get a better understanding of needs, which will help us (...) to carve out the importance and singularity of basic need claims. Secondly, on the basis of the analysis of needs, it will argue for the concept of a fundamental interest in free social agency, which is much better suited than the idea of basic needs actually to ground a theory of social justice, as it highlights the social and institutional conditions for free agency. Thirdly, using the distinction between basic needs and fundamental interests, it will clarify their respective role in and importance for grounding moral principles. Overall, the paper offers a friendly critique of need-based theories, while arguing for a shift of focus to the idea of fundamental interests. (shrink)

My primary aim in this article is to provide a philosophical account of the unity of hallucinations, which can capture both perceptual hallucinations (which are subjectively indistinguishable from perceptions) and non-perceptual hallucinations (all others). Besides, I also mean to clarify further the division of labour and the nature of the collaboration between philosophy and the cognitive sciences. Assuming that the epistemic conception of hallucinations put forward by M. G. F. Martin and others is largely on the right track, I will (...) focus on two main tasks: (a) to provide a satisfactory phenomenology of the subjective character of perceptions and perceptual hallucinations and (b) to redress the philosophers’ neglect of non-perceptual hallucinations. More specifically, I intend to apply one of the central tenets of the epistemic conception—that hallucinations can and should be positively characterised in terms of their phenomenological connections to perceptions—to non-perceptual hallucinations as well. That is, I will try to show that we can positively specify the class of non-perceptual hallucinations by reference to the distinctive ways in which we first-personally experience them and perceptions in consciousness. The task of saying more about their underlying third-personal nature may then be left to the cognitive sciences. (shrink)

According to Karen Neander’s causal-informational teleosemantics, the contents of perceptual states depend on the etiological response functions of sensory-perceptual systems. In this paper, I argue that this theory is, despite its virtues, unable to explain how humans and other animals are capable of perceiving properties with which no sensory-perceptual system has ever been confronted. After rejecting Neander’s own proposal in terms of second-order similarity and a proposal inspired by Ruth Millikan in terms of simplicity, I offer a solution which equates (...) functions with manifestations of dispositions that made a difference to evolutionary success. My suggestion is able to generate determinate and plausible contents for new perceptual states while still preserving the idea that etiological functions explain evolutionary success. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 3 Seiten: 456-469.

In this chapter, I argue against empiricist positions which claim that empirical evidence can be sufficient to defeasibly justify aesthetic judgements, or judgements about the adequacy of aesthetic judgements, or sceptical judgements about someone's capacity to form adequate aesthetic judgements. First, empirical evidence provides neither inferential, nor non-inferential justification for aesthetic opinions. Second, while empirical evidence may tell us how we do respond aesthetically to artworks, it cannot tell us how we should respond to them. And, third, empirical insights into (...) the irrationality of many of our aesthetic judgements do not warrant the sceptical conclusion that we ought to refrain from forming aesthetic opinions. As a consequence of these limitations to aesthetic empiricism, we should endorse the rationalist position that aesthetic criticism is largely a matter of reasoning and, moreover, a collective undertaking. (shrink)

Farben sind für uns sowohl objektive, als auch phänomenale Eigenschaften. In seinem Buch argumentiert Fabian Dorsch, daß keine ontologische Theorie der Farben diesen beiden Seiten unseres Farbbegriffes gerecht werden k ann. Statt dessen sollten wir akzeptieren, daß letzterer sich auf zwei verschiedene Arten von Eigenschaften bezieht: die repräsentierten Reflektanzeigenschaften von Gegenständen und die qualitativen Eigenschaften unserer Farbwahrnehmungen, die als sinnliche Gegebenheitsweisen ersterer fungieren. Die Natur der Farben gibt einen detaillierten Überblick über die zeitgenössischen philosophischen und naturwissenschaftlichen Theorien der Farben (...) und bietet sich aufgrund seines systematischen und umfassenden Charakters auch als ein seminar- oder vorlesungsbegleitendes Textbuch an. (shrink)

In many critical investigations of machine vision, the focus lies almost exclusively on dataset bias and on fixing datasets by introducing more and more diverse sets of images. We propose that machine vision systems are inherently biased not only because they rely on biased datasets but also because theirperceptual topology, their specific way of representing the visual world, gives rise to a new class of bias that we callperceptual bias. Concretely, we define perceptual topology as the set of those inductive (...) biases in machine vision systems that determine its capability to represent the visual world. Perceptual bias, then, describes the difference between the assumed “ways of seeing” of a machine vision system, our reasonable expectations regarding its way of representing the visual world, and its actual perceptual topology. We show how perceptual bias affects the interpretability of machine vision systems in particular, by means of a close reading of a visualization technique called “feature visualization”. We conclude that dataset bias and perceptual bias both need to be considered in the critical analysis of machine vision systems and propose to understand critical machine vision as an important transdisciplinary challenge, situated at the interface of computer science and visual studies/Bildwissenschaft. (shrink)

Philip Pettit’s republican conception of freedom is presented as an alternative both to negative and positive conceptions of freedom. The basic idea is to conceptualize freedom as non-domination, not as non-interference or self-mastery. When compared to negative freedom, Pettit’s republican conception comprises two controversial claims: the claim that we are unfree if we are dominated without actual interference, and the claim that we are free if we face interference without domination. Because the slave is a widely accepted paradigm of the (...) unfree person, the case of a slave with a non-interfering master is often cited as providing a good argument for the first republican claim and against a negative conception of freedom. One aim of this article is to raise doubts about whether this is true. The other aim of the article is to show that the prisoner—also a paradigm of the unfree person—presents a good argument against the second republican claim and in favour of a negative conception of freedom. This is called the ‘prisoner-argument’. It will be argued that neither Pettit’s distinction between free persons and free choices nor his distinction between compromising and conditioning factors of freedom can help to rebut the charge of the prisoner-argument. (shrink)