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)

Model theoretic considerations purportedly show that a certain version of structural realism, one which articulates the nvtion of structure via Ramsey sentences, is in fact trivially true. In this paper we argue that the structural realist is by no means forced to Ramseyfy in the manner assumed in the formal proof. However, the structural realist's reprise is short-lived. For, as we show, there are related versions of the model theoretic argument which cannot be so easily blocked by the structural realist. (...) We examine various ways in which the structural realist may respond, and conclude that the best way of blocking the model theoretic argument involves formulating his Ramseyfied theories using intensional operators. Introduction The model theoretic arguments On Ramseyfying away predicates The model theoretic argument bites back Restricting the second order quantifiers 5.1 Naturalness 5.2 Intrinsic 5.3 Qualitative 5.4 Contingent and causal Intensional operators and relations between properties Conclusion. (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 volume collects new, previously unpublished articles on Kaplan, analyzing a broad spectrum of topics ranging from cutting edge linguistics and the ...

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)

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.

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)

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)

Few issues in business ethics are as polarizing as the practice of risk classification and underwrit­ ing in the insurance industry. Theorists who approach the issue from a background in economics often start from the assumption that policy-holders should be charged a rate that reflects the ex­ pected loss that they bring to the insurance scheme. Yet theorists who approach the question from a background in philosophy or civil rights law often begin with a presumption against socalled “actuarially fair” premiums (...) and in favor of “community rating,” in which everyone is charged the same price. This paper begins by examining and rejecting the three primary argu­ ments that have been given to show that actuarially fair premiums are unjust. It then considers the two primary arguments that have been offered by those who wish to defend the practice of risk classification. These arguments overshoot their target, by requiring a “freedom to under­ write” that is much greater than the level of freedom enjoyed in most other commercial transac­ tions. The paper concludes by presenting a defense of a more limited right to underwrite, one that grants the legitimacy of the central principle of risk classification, but permits specific deviations from that ideal when other important social goods are at stake. (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 ...

This is the first article in a two-part series describing subject and family perspectives from the central thalamic deep brain stimulation for the treatment of traumatic brain injury using the Medtronic PC + S first-in-human invasive neurological device trial to achieve cognitive restoration in moderate to severe traumatic brain injury, with subjects who were deemed capable of providing voluntary informed consent. In this article, we report on interviews conducted prior to surgery wherein we asked participants about their experiences recovering from (...) brain injury and their perspectives on study enrollment and participation. We asked how risks and benefits were weighed, what their expectations and fears were, and how decisions were reached about trial participation. We found that informed consent and enrollment decisions are fraught. Subjects and families were often split, with subjects more focused on putative benefits and families concerned about incremental risk. Both subjects and families viewed brain injury as disruptive to personal identity and relationships. As decisions were made about study enrollment, families struggled with recognizing the re-emergent agency of subjects and ceding decision-making authority to subjects who had previously been dependent upon them for protection and guidance. Subjects and family members reported a hope for the relief of cognitive disabilities, improved quality of life, normalization of interpersonal interactions, and a return to work or school as reasons for study participation, along with altruism and a desire to advance science. Despite these aspirations, both subjects and families appreciated the risks of the intervention and did not suffer from a therapeutic misconception. A second essay to be published in the next issue of Cambridge Quarterly of Healthcare Ethics—Clinical Neuroethics will describe interviews conducted after surgery, the effects of cognitive restoration for subjects, families, and challenges presented to the social structures they will call upon to support them through recovery. This subsequent article will be available online prior to its formal publication in October 2023. (shrink)

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)

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)