Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.

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)

H. L. A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His analysis of the concept of law is part of the enterprise of demythologising the law, of instilling rational critical attitudes to it. Right from his inaugural lecture in Oxford (...) he was anxious to dispel the philosophical mist which he found in both legal culture and legal theory. In recent years he has shown time and again how much the rejection of the moralizing myths which accumulated around the law is central to his whole outlook. His essays on “Bentham and the Demystification of the Law” and on “The Nightmare and the Noble Dream” showed him to be consciously sharing the Benthamite sense of the excessive veneration in which the law is held in Common Law countries, and its deleterious moral consequences. His fear that in recent years legal theory has lurched back in that direction, and his view that a major part of its role is to lay the conceptual foundation for a cool and potentially critical assessment of the law are evident. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (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)

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)

What experimental game theorists may have demonstrated is not that people are systematically irrational but that human rationality is heavily scaffolded. Remove the scaffolding, and we do not do very well. People are able to get on because they “offload” an enormous amount of practical reasoning onto their environment. As a result, when they are put in novel or unfamiliar environments, they perform very poorly, even on apparently simple tasks. -/- This observation is supported by recent empirically informed shifts in (...) philosophy of mind toward a view of cognition as (to cite the current slogan) “embodied, embedded, enactive, extended.” Andy Clark and others have made a very plausible case for the idea that a proper assessment of human cognitive competence must include environmental components. To limit our attention to what lies within the skin-skull boundary is, in effect, to miss the big story on human rationality. Insofar as we are rational, it is often because of our ingenuity at developing “work-arounds” to the glitches in the fast-and-frugal heuristic problem-solving capabilities that natural selection has equipped us with. And these work-arounds often involve a detour through the environment (so-called offloading of cognitive burdens). -/- When it comes to practical rationality, things are no different. Yet in many discussions of “the will,” there is still a tendency to put too much emphasis on what goes on inside the agent’s head. Our objective in this chapter is to articulate this conception of “the extended will” more clearly, using the strategies that people employ to overcome procrastination for the central set of examples. Procrastination, in our view, constitutes a particular type of self-control problem, one that is particularly amenable to philosophical reflection, not only because of the high volume of psychological research on the subject but also because of the large quantity of “self-help” literature in circulationa literature that provides an invaluable perspective on the everyday strategies that people use in order to defeat (or, better yet, circumvent) this type of self-defeating behavior pattern. In general, what we find is that the internalist bias that permeates discussions of the will gives rise to a set of practical recommendations that overemphasize changing the way one thinks about a task, while ignoring the much richer set of strategies that are available in the realm of environmental scaffolding. In the concluding section, we highlight some of the policy implications of this, particularly regarding social trends involving the dismantling of support structures. (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 ...

It is commonly believed that parents have special duties toward their children—weightier duties than they owe other children. How these duties are acquired, however, is not well understood. This is problematic when claims about parental responsibilities are challenged; for example, when people deny that they are morally responsible for their biological offspring. In this paper I present a theory of the origins of parental responsibilities that can resolve such cases of disputed moral parenthood.

The idea of human-like robots with artificial intelligence (AI) engaging in sports has been considered in the light of robotics, technology and culture. However, robots with AI can also be used to clarify ethical questions in sports such as boxing with its inherent risks of brain injury and even death.This article develops an innovative way to assess the ethical issues in boxing by using a thought experiment, responding to recent medical data and overall concerns about harms and risks to boxers. (...) The thought experiment imagines a fight between a human and a robot. Critical issues about head trauma and brain injuries are then discussed. These can be summed up in two ethical questions: ‘why is it acceptable for a boxer to deliver concussive and recurrent subconcussive punches to a human head (skull and brain), powerful enough to achieve a knockout, or score more points, or to potentially inflict an injury immediately or eventually resulting in death?’, with the reciprocal question, ‘why is it acceptable to allow oneself to be injured in a like manner, possibly fatally, by an opponent?’The two questions are explored using the thought experiment in two matching perspectives: where the human boxer is attacking and the robot boxer is defending; and conversely, where the human boxer is on the receiving end of punches delivered by the robot. Each perspective opens with some general remarks, followed by an analysis of the boxing contest and eliciting some implications for future opportunities for the sport. (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.

Jennifer Hornsby has defended the Reasons-Knowledge Thesis : the claim that \-ing because p requires knowing that p, where the ‘because’ at issue is a rationalising ‘because’. She defends by appeal to the thought that it provides the best explanation of why the subject in a certain sort of Gettier case fails to be in a position to \ because p. Dustin Locke and, separately, Nick Hughes, present some modified barn-façade cases which seem to constitute counterexamples to and undermine Hornsby’s (...) way of motivating it by rendering their alternative Reasons-Explanation Thesis a better explanation of Hornsby’s datum. This paper defends and Hornsby’s argument for it against those objections. First, I point out that their supposedly intuitive verdict about the relevant barn-façade cases is not as intuitive as they think. Second, I point out that even if we share the intuition: we have strong reason to doubt the verdict anyway. And finally, I point out that since is independently implausible, the two problems can be tackled anyway. (shrink)

It is time for a new paper about open questions in the currently very active area of randomness and computability. Ambos-Spies and Kučera presented such a paper in 1999 [1]. All the question in it have been solved, except for one: is KL-randomness different from Martin-Löf randomness? This question is discussed in Section 6.Not all the questions are necessarily hard—some simply have not been tried seriously. When we think a question is a major one, and therefore likely to be hard, (...) we indicate this by the symbol ▶, the criterion being that it is of considerable interest and has been tried by a number of researchers. Some questions are close contenders here; these are marked by ▷. With few exceptions, the questions are precise. They mostly have a yes/no answer. However, there are often more general questions of an intuitive or even philosophical nature behind. We give an outline, indicating the more general questions.All sets will be sets of natural numbers, unless otherwise stated. These sets are identified with infinite strings over {0, 1}. Other terms used in the literature are sequence and real. (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)

Solid state physics, the study of the physical properties of solid matter, was the most populous subfield of Cold War American physics. Despite prolific contributions to consumer and medical technology, such as the transistor and magnetic resonance imaging, it garnered less professional prestige and public attention than nuclear and particle physics. Solid State Insurrection argues that solid state physics was essential to securing the vast social, political, and financial capital Cold War physics enjoyed in the twentieth century. Solid state’s technological (...) bent, and its challenge to the “pure science” ideal many physicists cherished, helped physics as a whole respond more readily to Cold War social, political, and economic pressures. Its research kept physics economically and technologically relevant, sustaining its cultural standing and policy influence long after the sheen of the Manhattan Project had faded. (shrink)

This book, first published in 1991, offers an integrative approach to the study of formal models in the social and behavioural sciences. The theory presented here unifies both the representation of the social environment and the equilibrium concept. The theory requires that all alternatives that are available to the players be specified in an explicit and detailed manner, and this specification is defined as a social 'situation'. A situation, therefore, not only consists of the alternatives currently available to the players, (...) but also includes the set of opportunities that might be induced by the players from their current environment. The theory requires that all recommended alternatives be both internally and externally stable; the recommendation cannot be self-defeating and, at the same time, should account for alternatives that were not recommended. In addition to unifying the representation and the solution concept, the theory also extends the social environments accommodated by current game theory. (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)

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)

In this paper, I make three arguments regarding Crisis Standards of Care developed during the COVID-19 pandemic. First, I argue against the consideration of third person quality of life judgments that deprioritize disabled or chronically ill people on a basis other than their survival, even if protocols use the language of health to justify maintaining the supposedly higher well-being of non-disabled people. Second, while it may be unavoidable that some disabled people are deprioritized by triage protocols that must consider the (...) likelihood that someone will survive intensive treatment, Crisis Standards of Care should not consider the amount or duration of treatment someone may need to survive. Finally, I argue that, rather than parsing who should be denied treatment to maximize lives saved, professional bioethicists should have put our energy into reducing the need for such choices at all by resisting the systemic injustices that drive the need for triage. (shrink)

The COVID-19 Pandemic a stress test for clinical medicine and medical ethics, with a confluence over questions of the proportionality of resuscitation. Drawing upon his experience as a clinical ethicist during the surge in New York City during the Spring of 2020, the author considers how attitudes regarding resuscitation have evolved since the inception of do-not-resuscitate orders decades ago. Sharing a personal narrative about a DNR quandry he encountered as a medical intern, the author considers the balance of patient rights (...) versus clinical discretion, warning about the risk of resurgent physician paternalism dressed up in the guise of a public health crisis. (shrink)

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)

Moral rationalism has long been an attractive position within moral philosophy. However, among empirical-minded philosophers, it is widely dismissed as scientifically untenable. In this essay, I argue that moral rationalism’s lack of uptake in the empirical domain is due to the widespread supposition that moral rationalists must hold that moral judgments and actions are produced by rational capacities. But this construal is mistaken: moral rationalism’s primary concern is not with the relationship between moral judgments and rational capacities per se, but (...) rather with developing a conception objectivity normativity that avoids Platonism. In light of this, I develop an alternative approach to translating moral rationalism into the empirical domain that builds on the common rationalist view that normative requirements are explained by the relationship between agents and the social structures and practices in which they are embedded. I propose that this social conception of normativity can be translated into a scientific framework by interpreting it as a claim about the importance of constraint-based explanation when accounting for norm-governed behavior. In order to develop this point more concretely and show that it is empirically tractable, I turn to research on macaque social organization that highlights the ways in which normative standards are generated by empirically observable social structures. The insights garnered from the macaque case allow me to then locate moral rationalism’s core claims about the relationship between morality and the standards of practical rationality within an empirically plausible framework. (shrink)

Mainstream epistemology has typically taken for granted a traditional picture of the metaphysics of mind, according to which cognitive processes (e.g. memory storage and retrieval) play out entirely within the bounds of the skull and skin. But this simple ‘intracranial’ picture is falling in- creasingly out of step with contemporary thinking in the philosophy of mind and cognitive science. Likewise, though, proponents of active exter- nalist approaches to the mind—e.g. the hypothesis of extended cognitition (HEC)—have proceeded by and large without (...) asking what epistemological ramifications should arise once cognition is understood as criss-crossing the bounds of brain and world. This paper aims to motivate a puzzle that arises only once these two strands of thinking are brought in contact with one another. In particular, we want to first highlight a kind of con- dition of epistemological adequacy that should be accepted by proponents of extended cognition; once this condition is motivated, the remainder of the paper demonstrates how attempts to satisfy this condition seem to inevitably devolve into a novel kind of epistemic circularity. At the end of the day, proponents of extended cognition have a novel epistemological puzzle on their hands. (shrink)

In this article, I ask whether the martial virtues can serve as a role morality for soldiers. In it I compare three role morality theories and ask, according to each, whether the role of ‘soldier’ is the kind of role that generates a role morality. I conclude that the cultivation of the martial virtues may be a necessary condition for martial morality, but it is not a sufficient one. Finally, I present a positive account of a role morality for soldiers (...) that creates the space for crucial, if not traditionally martial, virtues such as respect for human life and human dignity. (shrink)

Is God happy? In the tradition of classical theism, the answer has long been “Yes.” And, just as God is not merely powerful, but all-powerful, so too God is not merely happy, but all-happy or infinitely happy. Far from being empty praise, God’s happiness does important work, in particular, in explaining both human existence and human destiny. This essay is an attempt to give divine happiness the serious philosophical treatment it deserves. It turns out that, as with many divine traits, (...) ascribing all-happiness to God is not without potential problems. I raise and attempt to address what I take to be the most serious problem, which I call “The Subjective Problem of Evil.”. (shrink)

This book explores the threshold between phenomenology and lived religion in dialogue with three French luminaries: Michel Henry, Jean-Luc Marion and Jean-Yves Lacoste. Through close reading and critical analysis each chapter touches on how a liturgical and ritual setting or a spiritual vision of the body can shape and ultimately structure the experience of an individual's surrounding world. The volume advances debate about the scope and limits of the phenomenological analysis of religious themes and disturbs the assumption that theology and (...) phenomenology are incapable of constructive interdisciplinary dialogue. (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)