In the last two chapters of his book ‘From Normativity to Responsibility’, Joseph Raz developed, in outline, an intriguing account of responsibility, which is based on what he called the Rational Functioning Principle and on the idea of a domain of secure competence. With these two ideas, Raz argued, we could best delimit the scope of ‘responsibility’ in the sense of something ‘being to one’s credit or discredit as a rational agent’. In the following, I will argue that, while (...) identifying some crucial aspects of our being agents ‘in the world’, Raz’s account does not fully capture the extent of the kind of responsibility he was interested in. In particular, unintentional failures that are due to the malfunctioning of capacities which are too unreliable to count as secure competences may well fall within the scope of responsibility thus understood. I will suggest Raz’s account should be supplemented by considerations drawn from ‘quality of will’ approaches, which can (inter alia) deal better with such cases. (shrink)

Ernst Mayr''s contributions to 20th century biology extend far beyond his defense of certain elements in evolutionary theory. At the center of mid-century efforts in American evolutionary studies to build large research communities, Mayr spearheaded campaigns to create a Society for the Study of Evolution and a dedicated journal,Evolution, in 1946. Begun to offset the prominence ofDrosophila biology and evolutionary genetics, these campaigns changed course repeatedly, as impediments appeared, tactics shifted, and compromises built a growing coalition of support. (...) Preserved, however, were designs to balance the community and journal with careful equation of status and explicit partitioning of responsibilities within the working coalition. Choice terms such as cooperation and unity carried a strong political message. Mayr''s editorship ofEvolution provides a superb example of these balancing efforts. The mid-century infrastructural activities described herein also represented aggressive attempts to leverage control across several layers of community. Leaders of these campaigns sought: (1) to promote evolutionary studies as a modernized research discipline and place it at the center of American biology, (2) to promote evolutionary studies within existing disciplines — e.g. systematics, genetics, and paleontology, (3) to foster certain research styles within evolutionary studies, and (4) to emphasize certain solutions to prominent research questions. Throughout, Mayr interjected his priorities, tactics and energy. (shrink)

Ernst Mayr argued that the emergence of biology as a special science in the early nineteenth century was possible due to the demise of the mathematical model of science and its insistence on demonstrative knowledge. More recently, John Zammito has claimed that the rise of biology as a special science was due to a distinctive experimental, anti-metaphysical, anti-mathematical, and anti-rationalist strand of thought coming from outside of Germany. In this paper we argue that this narrative neglects the important role (...) played by the mathematical and axiomatic model of science in the emergence of biology as a special science. We show that several major actors involved in the emergence of biology as a science in Germany were working with an axiomatic conception of science that goes back at least to Aristotle and was popular in mid-eighteenth-century German academic circles due to its endorsement by Christian Wolff. More specifically, we show that at least two major contributors to the emergence of biology in Germany—Caspar Friedrich Wolff and Gottfried Reinhold Treviranus—sought to provide a conception of the new science of life that satisfies the criteria of a traditional axiomatic ideal of science. Both C.F. Wolff and Treviranus took over strong commitments to the axiomatic model of science from major philosophers of their time, Christian Wolff and Friedrich Wilhelm Joseph Schelling, respectively. The ideal of biology as an axiomatic science with specific biological fundamental concepts and principles thus played a role in the emergence of biology as a special science. (shrink)

John McDowell and Hubert L. Dreyfus are philosophers of world renown, whose work has decisively shaped the fields of analytic philosophy and phenomenology respectively. Mind, Reason, and Being-in-the-World: The McDowell-Dreyfus Debate opens with their debate over one of the most important and controversial subjects of philosophy: is human experience pervaded by conceptual rationality, or does experience mark the limits of reason? Is all intelligibility rational, or is there a form of intelligibility at work in our skilful bodily rapport with the (...) world that eludes our intellectual capacities? McDowell and Dreyfus provide a fascinating insight into some fundamental differences between analytic philosophy and phenomenology, as well as areas where they may have something in common. Fifteen specially commissioned chapters by distinguished international contributors enrich the debate inaugurated by McDowell and Dreyfus, taking it in a number of different and important directions. Fundamental philosophical problems discussed include: the embodied mind, subjectivity and self-consciousness, intentionality, rationality, practical skills, human agency, and the history of philosophy from Kant to Hegel to Heidegger to Merleau-Ponty. With the addition of these outstanding contributions, Mind, Reason, and Being-in-the-World is essential reading for students and scholars of analytic philosophy and phenomenology. (shrink)

In this paper we argue that the difference between standard measurement and proxy measurement in paleoclimatology should not be understood in terms of ‘directness’. Measurements taken by climatologists to be paradigmatically non-proxy exhibit the kinds of indirectness that are thought to separate them proxy measurement. Rather, proxy measurements and standard measurements differ in how they account for confounding causal factors. Measurements are ‘proxy’ to the extent that the measurements require vicarious controls, while measurements are not proxy, but rather ‘standard’, to (...) the extent that the measurement apparatus provides sufficient physical control on its own. Guided by this account of proxy measurement, we then consider some of the challenges specific to historical proxy measurement and how it is that historical scientists address these challenges. Historical scientists rely on significant causal dependencies and naturally preserved signals to mitigate the influence of destructive processes over time. (shrink)

Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like other rights, to be contingent on social conditions, and in (...) particular on the nature of the international system. (shrink)

Discussion of the ethics of memory modification technologies has often focused on questions about the limits of their permissibility. In the current paper, I focus primarily on a different issue: when is it rational to prefer MMTs to alternative interventions? My conclusion is that these conditions are rare. The reason stems from considerations of autonomy. When compared with other interventions, MMTs do a particularly poor job at promoting the autonomy of their users. If this conclusion is true, moreover, it provides (...) a fresh perspective on debates about the permissibility of MMTs. On the one hand, for those who would limit the use of MMTs to a narrow range of circumstances, the conclusion that MMTs are rarely preferable gives them further reason to eye MMTs with suspicion. On the other hand, for those who view MMTs as permissible in a wide range of circumstances, the conclusion may deflate their endorsement. (shrink)

Modernism in the philosophy of science demands a unified story about what makes an inquiry scientific (or a successful science). Fine's "natural ontological attitude" (NOA) is "postmodern" in joining trust in local scientific practice with suspicion toward any global interpretation of science to legitimate or undercut that trust. I consider four readings of this combination of trust and suspicion and their consequences for the autonomy and cultural credibility of the sciences. Three readings take respectively Fine's trusting attitude, his emphasis upon (...) local practice, and his antiessentialism about science as most fundamental to NOA. A fourth, more adequate reading, prompted by recent feminist interpretations of science, offers less restrictive readings of both Fine's trust and his suspicion toward approaching science with "ready-made philosophical engines" (Fine 1986b, 177). (shrink)

This survey of major developments in North American philosophy of science begins with the mid-1960s consolidation of the disciplinary synthesis of internalist history and philosophy of science (HPS) as a response to criticisms of logical empiricism. These developments are grouped for discussion under the following headings: historical metamethodologies, scientific realisms, philosophies of the special sciences, revivals of empiricism, cognitivist naturalisms, social epistemologies, feminist theories of science, studies of experiment and the disunity of science, and studies of science as practice and (...) culture. A unifying theme of the survey is the relation between historical metamethodologists and scientific realists, which dominated philosophical work in the late 1970s. I argue that many of the alternative cognitive naturalisms, social epistemologies, and feminist theories that have been proposed can be understood as analogues to the differences between metamethodological theories of scientific rationality and realist accounts of successful reference to real causal processes. Recent work on experiment, scientific practice, and the culture of science may, however, challenge the underlying conception of the field according to which realism and historical rationalism (or their descendants) are the important alternatives available, and thus may take philosophy of science in new directions. (shrink)

A good therapeutic relationship in mental health services is a predictor of positive clinical outcomes for people who seek help for distressing experiences, such as voice hearing and paranoia. One factor that may affect the quality of the therapeutic relationship and raises further ethical issues is the impact of the clinical encounter on users’ sense of self, and in particular on their sense of agency. In the paper, we discuss some of the reasons why the sense of epistemic agency may (...) be especially fragile in young people with unusual experiences and beliefs. We argue that it is important to identify and avoid behaviours that can undermine young people’s contributions as epistemic agents in the clinical encounter. (shrink)

Organ donation after cardiac or circulatory death (DCD) has been introduced to increase the supply of transplantable organs. In this paper, we argue that the recovery of viable organs useful for transplantation in DCD is not compatible with the dead donor rule and we explain the consequential ethical and legal ramifications. We also outline serious deficiencies in the current consent process for DCD with respect to disclosure of necessary elements for voluntary informed decision making and respect for the donor's autonomy. (...) We compare two alternative proposals for increasing organ donation consent in society: presumed consent and mandated choice. We conclude that proceeding with the recovery of transplantable organs from decedents requires a paradigm change in the ethics of organ donation. The paradigm change to ensure the legitimacy of DCD practice must include: (1) societal agreement on abandonment of the dead donor rule, (2) legislative revisions reflecting abandonment of the dead donor rule, and (3) requirement of mandated choice to facilitate individual participation in organ donation and to ensure that decisions to participate are made in compliance with the societal values of respect for autonomy and self-determination. (shrink)

This article introduces an intuitive conservation dilemma called the Canyon Dilemma: Is it possible to condemn the mining of the Grand Canyon, even by a poor generation, while also permitting this generation’s mining of an unremarkable small canyon? It then argues that not one of several prominent theories of environmental justice, including various forms of egalitarianism, welfarism, deep-ecological theories, communitarianism and free-market environmentalism, can navigate this dilemma. The article concludes by highlighting the dilemma-navigating potential of the equal-claims idea – the (...) idea that the natural world is something to which every human being, present and future, has an equal, substantive claim. (shrink)

This volume collects new, previously unpublished articles on Kaplan, analyzing a broad spectrum of topics ranging from cutting edge linguistics and the ...

What is special about legal reasoning? In what way is it distinctive? How does it differ from reasoning in medicine, or engineering, physics, or everyday life? The answers range from the very ambitious to the modest. The ambitious claim that there is a special and distinctive legal logic, or legal ways of reasoning, modes of reasoning which set the law apart from all other disciplines. Opposing them are the modest, who claim that there is nothing special to legal reasoning, that (...) reason is the same in all domains. According to them, only the contents of the law differentiate it from other areas of inquiry, whereas its mode of reasoning is the one common to all domains of inquiry. (shrink)

In support of my longstanding claim that the traditional divide between natural law and legal positivist theories of law, the present paper explores a variety of necessary connections between law and morality which are consistent with theories of law traditionally identified as positivist.

Volume 20, Issue 3, March 2020, Page 44-46.

In early 2017, Nevada amended its Uniform Determination of Death Act, in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology’s guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within twenty-four hours with limited exceptions. (...) Neurologists have generally supported Nevada’s amendments for clarifying the diagnostic standard and limiting the ability of family members to challenge it. However, it is more appropriate to view the Nevada amendments with concern. Even though the primary purpose of the UDDA is to ensure that all functions of a person’s entire brain have ceased, the AAN guidelines do not accurately assess this. In addition, by characterizing the determination of death as solely a clinical decision, the Nevada legislature has improperly ignored the doctrine of informed consent, as well as the beliefs of particular faiths and cultures that reject brain death. Rather than resolving controversies regarding brain death determinations, the Nevada amendments may instead instigate numerous constitutional challenges. (shrink)

We evaluate the literature on the memorability of supernatural concepts, itself part of a growing body of work in the emerging cognitive science of religion. Specifically, we focus on Boyer’s Minimally Counterintuitive hypothesis according to which supernatural concepts tap a cognitively privileged memory-enhancing mechanism linked to violations of default intuitive inferences. Our assessment reveals that the literature on the MCI hypothesis is mired in empirical contradictions and methodological shortcomings which makes it difficult to assess the validity of competing theoretical models, (...) including the MCI hypothesis itself. In light of this fractured picture, we make the case for an account of the MCI effect which dispenses with a memory mechanism specific to supernatural concepts. This account has several desirable properties. First, it preserves Boyer’s pioneering insights regarding the ontological status of supernatural concepts and the cognitive mechanisms that give rise to their cultural prevalence. Second, our account is based on independently-motivated mechanisms that are well-established in the literature. Third, this account offers a principled resolution of the tension in the extant literature between studies that do replicate the MCI effect and those that seemingly fail to do so. Finally, because the proposed mechanisms are not specific to supernatural concepts, the scope of the MCI effect may be extended to account for a broader range of highly transmissible concepts than those it was originally intended to explain. We conclude with a set of theoretical and methodological prescriptions designed to guide future research on the memorability of supernatural concepts. (shrink)

Both mainstream and disability bioethics sometimes contend that the self-assessment of disabled people about their own well-being is distorted by adaptive preferences that are only held because other, better options are unavailable. I will argue that both of the most common ways of understanding adaptive preferences—the autonomy-based account and the well-being account—would reject blanket claims that disabled people’s QOL self-assessment has been distorted, whether those claims come from mainstream bioethicists or from disability bioethicists. However, rejecting these generalizations for a more (...) nuanced view still has dramatic implications for the status quo in both health policy and clinical ethics. (shrink)

Moral responsibility requires that we are in control of what we do. Many contemporary accounts of responsibility cash out this control in terms of abilities and hold that the relevant abilities are strong abilities, like general abilities. This paper raises a problem for strong abilities views: an agent can plausibly be morally responsible for an action or omission, despite lacking any strong abilities to do the relevant thing. It then offers a way forward for ability‐based views, arguing that very weak (...) abilities can form the basis of moral responsibility for both actions and omissions. (shrink)

As sports fans, we often experience what seem to be strong garden-variety emotions—everything from joy and euphoria to anger, dread and despair. In self-description, in physiology and even in phenomenology, these reactions to sporting events present themselves as genuine emotions. But we don’t act on these ‘sporting emotions’ in the ways one might expect. This is because these reactions are not genuine emotions. Or so I argue. Johan Huizinga suggested that play has a pretend ‘set aside’ ‘extra-ordinary’ character. And Kendall (...) Walton has argued that make-believe is involved in our emotional responses to fiction, as well as to sport. Here I articulate and extend the idea that sporting emotions centrally involve pretense and make-believe in ways that can meet some forceful objections. These extensions draw on a ‘double-consciousness’ I claim to find in the pretense of play. I end by saying why the proper characterization of our sporting emotions is important. (shrink)

If ever I summon before me my highest ideals of men and medicine, I find them sprung from the spirit of Osler. —Wilder Penfield, M.D. Neuroethics is a recently coined term that is shaping our cultu...

The author identifies the major micro-, meso-, and macro-level financial risk shifting factors that contributed to the Great Global Recession and how the absence of a compelling moral vision of responsible financial risk management perpetuated the economic crisis and undermined the recovery by blind reliance upon insufficiently accountable bailouts. The author offers a new theoretical model of Sustainable Stakeholder Capitalism by exercising moral imagination which inclusively and moderately balances four multi-level factors: types of capitalism, moral theories, human nature drives, and (...) credit risk profiles. Finally, the author recommends micro-, meso-, and macro-level practical reforms to prevent a recurrence of the current economic freefall, to re-create systemic global financial institution integrity, and to promote responsible risk management for sustainable global prosperity for current and future generations. (shrink)

Husserl's Original View on Phenomenological Psychology* JOSEPH J.KOCKELMANS Some forty years ago Edmund Husserl spoke publicly for the first time of a ...

According to Macklin & Natanson (2019), one reason unusual practices can be misidentified as usual care is that “instead of using pertinent, accurate information describing usual care, investigators may rely on the opinion of ‘experts’ in the field, whose information may be out of date or otherwise inaccurate." We find Macklin & Natanson’s insights about misattributed expertise crucial, and suggest their discussion can be elucidated further by characterizing it in the context of Ballantyne (2018)’s recent exploration of what he calls (...) epistemic trespassing. What insights can be drawn from this characterization? In this commentary, we highlight two. First, the characterization elucidates the serious consequences that can result from epistemic trespassing. Second, the characterization of Macklin & Natanson’s cases as instances of epistemic trespassing offers us a potential roadmap for overcoming some of the problems the authors identify. (shrink)

Caregiving relationships are often characterized by an imbalance of power between the caregiver and her cared-for. The danger that this power will be abused is a source of serious moral concern. In this article, I argue that the risk of an abuse of power sometimes stems not from the possession of power itself, but from the very nature of caring relationships. This is because carers must be prepared to exercise non-minimal amounts of power over their cared-fors, even if doing so (...) is likely to cause the cared-for distress or even pain. This means that caring itself, rather than the malign influence of power dynamics, generates a risk of unintentional abuse. One of the ways in which this risk can be reduced, I argue, is by trying to avoid an exclusive focus on the outcomes of care, and by paying more attention to the way in which that care is delivered. (shrink)

On January 5, 2019, the Associated Press reported that a woman thought to have been in the vegetative state for over a decade gave birth at a Hacienda HealthCare facility. Until she delivered, the staff at the Phoenix center had not noticed that their patient was pregnant. The patient was also misdiagnosed.Misdiagnosis of patients with disorders of consciousness in institutional settings is more the norm than the exception. Misdiagnosis is also connected to a broad and extremely significant change in the (...) understanding of the vegetative state—a change that the field of bioethics has not yet fully taken into account. In September 2018, the American Academy of Neurology, the American College of Rehabilitation Medicine, and the National Institute on Disability, Independent Living, and Rehabilitation Research issued a comprehensive evidence‐based review on disorders of consciousness and an associated practice guideline on the care of these patients. These landmark publications update the 1994 Multi‐Society Task Force Report on the Vegetative State, which subcategorized the persistent vegetative state as either persistent (once the vegetative state lasted one month) or permanent (once the vegetative state lasted three months after anoxic injury or twelve months after traumatic injury). Noting that 20 percent of patients thought to be permanently unconscious might regain some level of consciousness, the new guideline has eliminated the permanent vegetative state as a diagnostic category, replacing it with the chronic vegetative state. (shrink)

Does the Second Amendment protect those who threaten others by negligently or recklessly wielding firearms? What line separates constitutionally legitimate gun displays from threatening activities that can be legally proscribed? This article finds guidance in the First Amendment doctrine of true threats, which permits punishment of “statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individual.” The Second Amendment, like the First, should (...) not be read to protect those who threaten unlawful violence. And to the degree that the constitution requires a culpable mental state in such circumstances, the appropriate standard should be recklessness. (shrink)

In response to the increasing need for research ethics expertise in low and middle income countries (LMICs), the NIH's Fogarty International Research Ethics Education and Curriculum Development Program has provided grants for the development of training programs in international research ethics for LMIC professionals since 2000. This collection of papers draws upon the combined expertise of Fogarty grantees, trainees, and other experts to assess the state of research ethics in LMICs, and the lessons learned over 12 years of international research (...) ethics education; to assess future needs; and to chart a way forward to meet those needs. In this introductory paper we briefly sketch the evolution of research ethics as applied to LMIC research, the underpinning and evolution of the Fogarty bioethics program, and summarize key conclusions from the other papers in the collection. (shrink)

Toward a Metaphysics of Culture provides an initial, minimal, and original analysis of the concept of uniquely enlanguaged cultures of the human world and of the distinctive metaphysical features of whatever belongs to the things of that world: preeminently, persons, language, actions, artworks, products, history, practices, institutions, and norms. Emphasis is placed on the artifactual and hybrid nature of persons, naturalistic and post-Darwinian evolutionary considerations, and the bearing of the account on a range of disputed inquiries largely centered on the (...) relationship between physical nature and human culture and between the natural and human sciences. The schema offered lays a foundation for a closer analysis of the human mind, cognition, interpretation, nomologicality, normativity, intentionality, realism, and related matters. The central thesis advances the heterodox notion, congruent with post-Darwinian studies in paleoanthropology, that the human person is a natural artifact, a functional transform of the primate members of Homo sapiens, by way of a complexly intertwined biological and encultured evolution, primarily dependent on the invention, transmission, and mastery of true language and the novel hybrid abilities that that makes possible. The emergence of persons is taken to be the obverse side of the mastery of language itself. (shrink)