Background Record linkage is a useful tool for health research. Potential benefits aside, its use raises discussions on privacy issues, such as whether a written informed consent for access to health records and linkage should be obtained. The authors aim to systematically review studies that assess consent proportions to record linkage. Methods 8 databases were searched up to June 2011 to find articles which presented consent proportions to record linkage. The screening, eligibility and inclusion of articles were conducted by two (...) independent reviewers. The authors carried out meta-regression, subgroup and sensitivity analyses to assess heterogeneity. Results Of the 141 studies identified, only 11 presented empirical consent proportions and were included in the systematic review. The consent proportion varied widely from 39% to 97%. Seven studies presented consent proportions of 88% or higher, one of 72%, and only three presented consented proportion equal to or lower than 53%. None of the studies' characteristics evaluated explained heterogeneity. Conclusion The results of this review show that, in general, individuals tend to consent to the use of their data for record linkage, with exceptions in specific populations or minorities. The authors believe that this, as well as the cited literature, lends support to policies that, while keeping relevant ethical controls in place, do not require individual informed consent for each and every study that relies on secondary data. (shrink)

Kant famously declares that “although all our cognition commences with experience, … it does not on that account all arise from experience”. This marks Kant’s disagreement with empiricism, and his contention that human knowledge and experience require both sensation and the use of certain a priori concepts, the Categories. However, this is only the surface of Kant’s much deeper, though neglected view about the nature of reason and judgment. Kant holds that even our a priori concepts are acquired, not from (...) sensation, but “originally,” because our mind has a fundamental capacity to judge that, upon sensory stimulation, generates the Categories through its basic logical functions of judgment. This “epigenesis” of reason and our fundamental capacity to judge that drives it is the topic of Longuenesse’s fascinating book, and the source of her title. (shrink)

In this engaging study, the authors put casuistry into its historical context, tracing the origin of moral reasoning in antiquity, its peak during the sixteenth and early seventeenth century, and its subsequent fall into disrepute from the mid-seventeenth century.

This article reviews 1 decade of research on cheating in academic institutions. This research demonstrates that cheating is prevalent and that some forms of cheating have increased dramatically in the last 30 years. This research also suggests that although both individual and contextual factors influence cheating, contextual factors, such as students' perceptions of peers' behavior, are the most powerful influence. In addition, an institution's academic integrity programs and policies, such as honor codes, can have a significant influence on students' behavior. (...) Finally, we offer suggestions for managing cheating from students' and faculty members' perspectives. (shrink)

This book, published in 1976, presents an entirely original approach to the subject of the mind-body problem, examining it in terms of the conceptual links between the physical sciences and the sciences of human behaviour. It is based on the cybernetic concepts of information and feedback and on the related concepts of thermodynamic and communication-theoretic entropy. The foundation of the approach is the theme of continuity between evolution, learning and human consciousness. The author defines life as a process of energy (...) exchange between organism and environment, and evolution as a feedback process maintaining equilibrium between environment and reproductive group. He demonstrates that closely related feedback processes on the levels of the behaving organism and of the organism’s nervous system constitute the phenomena of learning and consciousness respectively. He analyses language as an expedient for extending human information-processing and control capacities beyond those provided by one’s own nervous system, and shows reason to be a mode of processing information in the form of concepts removed from immediate stimulus control. The last chapter touches on colour vision, pleasure and pain, intentionality, self-awareness and other subjective phenomena. Of special interest to the communication theorist and philosopher, this study is also of interest to psychologists and anyone interested in the connection between the physical and life sciences. (shrink)

Much has been written about what corporations owe society and whether it is appropriate to hold them responsible. In contrast, little has been written about whether anything is owed to corporations apart from what is owed to their members. And when this question has been addressed, the answer has always been that corporations are not worthy of any distinct moral consideration. This is even claimed by proponents of corporate agency. In this paper, I argue that proponents of corporate agency should (...) recognize corporations as worthy of moral consideration. Though particular views of moral status are often taken for granted in the literature, corporations can satisfy many views of moral status given the capacities often ascribed to them. They can even meet the conditions of the views assumed. I conclude by suggesting that recognizing the moral status of corporations may not be as drastic or harmful as we might imagine. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

The Systematicity Arguments is the only book-length treatment of the systematicity and productivity arguments.

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...) as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. -/- This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities. (shrink)

Probes the nature of linguistic or symbolic action as it relates to specific novels, plays, and poems.

In the Logical Investigations, Ideas I and many other texts, Husserl maintains that perceptual consciousness involves the intentional “animation” or interpretation of sensory data or hyle, e.g., “color-data,” “tone-data,” and algedonic data. These data are not intrinsically representational nor are they normally themselves objects of representation, though we can attend to them in reflection. These data are “immanent” in consciousness; they survive the phenomenological reduction. They partly ground the intuitive or “in-the-flesh” aspect of perception, and they have a determinacy of (...) character that we do not create but can only discover. This determinate, non-representational stratum of perceptual consciousness also serves as a bridge between consciousness and the world beyond it. I articulate and defend this conception of perceptual consciousness. I locate the view in the space of contemporary positions on phenomenal character and argue for its superiority. I close by briefly arguing that the Husserlian account is perfectly compatible with physicalism (this involves disarming the Grain Problem). (shrink)

Business students have long been noted for their differential proclivity to engage in academic misconduct. Unfortunately, the potential for misconduct has been exacerbated in recent years by rapid advances in technology, easy access to information, competitive pressures, and the proliferation of websites that provide students access to information that allows them to directly circumvent the learning process. Using a convenience sample of 631 students matriculating in various business majors at four U.S. universities and structural equations modeling procedures, this study assesses (...) the effects of psychological factors on business students’ propensities to utilize the services of homework assistance websites. Specifically, we examine how “Dark Triad” personality traits (i.e., narcissism, Machiavellianism, and psychopathy) interact with Fraud Diamond elements to influence student decisions to engage the services of these websites. We find that each Dark Triad trait exerts a significant influence on at least one of the Fraud Diamond elements, which in turn have a significant direct or indirect positive association with students’ reported intentions to utilize, and reported utilization of, these websites. (shrink)

Proponents of the no-miracles argument contend that scientific realism is “the only philosophy that doesn’t make the success of science a miracle.” Bas van Fraassen argued, however, that the success of our best theories can be explained in Darwinian terms—by the fact they are survivors of a winnowing process in which unsuccessful theories are rejected. Critics of this selectionist explanation complain that while it may account for the fact we have chosen successful theories, it does not explain why any particular (...) one of those theories succeeds. Against this I defend the claim that if selectionists manage to account for the former, they have no burden to account for the latter; the success of any particular one of our best theories might as well be an extraordinary coincidence. I refer to this enhanced selectionist reply as “coincidentalism” and argue that it is a serious but underappreciated response to the no-miracles argument. More generally, I argue the considerations raised in favor of this response show that versions of the no-miracles argument focusing on the success of particular theories are misguided. (shrink)

Anne Conway’s Principles of the Most Ancient and Modern Philosophy, first published in 1690, is probably the most ambitious contribution to early modern metaphysics by a woman writing in the English language. This beautifully prepared edition makes Conway’s treatise available to twentieth-century readers in an accessible English translation of the 1690 Latin text—itself a translation of an original English manuscript that has long been lost.

It is a constitutive aim of a work of art to express a point of view, but points of view are only had by persons. From this it follows that all works of art aspire to personhood. If a work of art ever succeeded in this aspiration, it would have a profound kind of value, but it cannot, and so its value, at least with respect to this aim, can never be other than that of a noble failure.

Emergence is typically discussed in the context of mental properties or the properties of the natural sciences, and accounts of emergence within these contexts tend to look a certain way. The emergent property is taken to emerge instantaneously out of, or to be proximately caused by, complex interaction of colocated entities. Here, however, I focus on the properties instantiated by the elements of certain systems discussed in social ontology, such as being a five-dollar bill or a pawn-movement, and I suggest (...) that these properties emerge in a distinctive way. They emerge in part because of a system that is far beyond and typically before the object that instantiates them. I characterize how emergence occurs in these cases, juxtaposing it with how emergence is typically discussed. I then consider whether their emergence is best framed as weak or strong as these notions are characterized in the literature, and I reveal what debates are central to answering this question. Though I will not resolve these debates, I do show a collection of views that would vindicate these properties as strongly emergent and downwardly causing. (shrink)

The will of an omnipotent being would be perfectly efficacious. Alexander Pruss and I have provided an analysis of perfect efficacy that relies on non-trivial counterpossible conditionals. Scott Hill has objected that not all of the required counterpossibles are true of God. Sarah Adams has objected that perfect efficacy of will (on any analysis) would be an extrinsic property and so is not suitable as a divine attribute. I argue that both of these objections can be answered if the divine (...) will is taken to be the ground, rather than the cause, of its fulfillment. (shrink)

This article considers claims that biology should seek general theories similar to those found in physics but argues for an alternative framework for biological theories as collections of prototypical interlevel models that can be extrapolated by analogy to different organisms. This position is exemplified in the development of the Hodgkin‐Huxley giant squid model for action potentials, which uses equations in specialized ways. This model is viewed as an “emergent unifier.” Such unifiers, which require various simplifications, involve the types of heuristics (...) discussed in Wimsatt’s writings on reduction, but with a twist. Here, the heuristics are used to generate emergent rather than reductive explanations. †To contact the author, please write to: Department of History and Philosophy of Science, University of Pittsburgh, 1017 Cathedral of Learning, Pittsburgh, PA 15260; e‐mail: [email protected]. (shrink)

This article examines two recent alternatives to the traditional conception of human rights as natural rights: the account of human rights found in discourse ethics and the ‘political conception’ of human rights influenced by the work of Rawls. I argue that both accounts have distinct merits and that they are not as opposed to one another as is sometimes supposed. At the same time, the discourse ethics account must confront a deep ambiguity in its own approach: are rights derived in (...) a strong sense from the conditions of ‘communicative freedom’ or are they developed from the participants’ own reflection upon their ongoing and continuously changing practices and institutions? The political conception recently proposed by Joshua Cohen can, I argue, contribute to the resolution of this ambiguity, though not without some modifications of its own. Keywords: human rights; discourse ethics; The ‘political conception’ of rights; Seyla Benhabib; John Rawls; Rainer Forst; Michael Ignatieff; Thomas Pogge; Joshua Cohen (Published: 10 March 2009) Citation: Ethics & Global Politics. DOI: 10.3402/egp.v2i1.1938. (shrink)

While the topic of assertion has recently received a fresh wave of interest from Peirce scholars, to this point no systematic account of Peirce’s view of assertion has been attempted. We think that this is a lacuna that ought to be filled. Doing so will help make better sense of Peirce’s pragmatism; further, what is hidden amongst various fragments is a robust pragmatist theory of assertion with unique characteristics that may have significant contemporary value. Here we aim to uncover this (...) theory, and to show that assertion for Peirce is not a mere corollary of pragmatic conceptions of truth, judgement, and belief, but is rather a central aspect of his philosophy. (shrink)

Boulding discusses the image as the key to understanding society and human behavior.

One prominent argument for pragmatic encroachment (PE) is that PE is entailed by a combination of a principle that states that knowledge warrants proper practical reasoning, and judgments that it is more difficult to reason well when the stakes go up. I argue here that this argument is unsuccessful. One problem is that empirical tests concerning knowledge judgments in high-stakes situations only sometimes exhibit the result predicted by PE. I argue here that those judgments that appear to support PE are (...) better interpreted not as judgments that the epistemic demands for knowing increase as one’s practical situation becomes more demanding, but instead as judgments reflecting a different kind of normative epistemic evaluation, namely whether one is acting in an epistemically responsible way. The general idea is that when someone treats a proposition as a reason for acting we can evaluate them epistemically both in terms of whether they know that proposition, as well as in terms of whether they are acting on their knowledge in the right kind of way. My charge against the PE proponent, then, is that she is interpreting judgments that are indicative of whether we are adhering to certain normative epistemic requirements generally as being indicative of whether we have knowledge specifically. There are, however, normative epistemic requirements that make demands of us that are indicative of something other than our possession of knowledge. (shrink)

In Erwiderung auf Kohlbergs Theorie moralischer Entwicklung betont Gilligan (1982, 2. Aufl.: 1993, S. 18 – 9), dass seine Theorie völlig von ihrem postulierten Ziel abhänge, nämlich einer prinzipien-geleiteten Urteilskraft. Hier wird nun analysiert, inwiefern Gilligans Diagnose nur die Spitze eines moralischen sowie theoretischen Eisbergs dadurch beleuchtet, dass ihre Untersuchungen der Klärung dienen, inwiefern Kohlbergs Etappen „Fünf“ und „Sechs“ eine spezifische Theorie des „moralischen Standpunkts“ voraussetzen, bei der Fragen der Gerechtigkeit und zu viel von dem, was wir einander und auch (...) uns selbst schulden, vernachlässigt werden. Um dies zu zeigen, untersuche ich zunächst, wie klassische Gerechtigkeitsfragen für teleologische Ethiktheorien nicht nur einmal, sondern zweimal verloren gegangen sind (§ 2). Ein wichtiges Beispiel dafür ist die radikale Kehre in der „ethischen Theorie“ zu Beginn des anglophonen 20. Jahrhunderts (C.E.), repräsentiert durch die Kehre von Moore, Prichard und Ross hin zu Partikularismus und Intuitionismus und deren prinzipielle Missachtung des tatsächlichen Verhaltens im tatsächlichen Kontext eines jeglichen Agenten (§ 3). Ein zweiter wichtiger Fall betrifft die liberal-individualistische Grundlage von Untersuchungen zu „der“ moralischen Sichtweise aus der Mitte des 20. Jahrhunderts (C.E.) und Vorstellungen von „Unparteilichkeit“, die Kant oft, aber fälschlicherweise zugeschrieben werden (§§ 4 – 7). Diese Überlegungen ermöglichen es, einige zentrale methodologische Verwirrungen zu identifizieren (§ 8), die unvermeidlich auch einige schwerwiegende moralische Verwirrungen erzeugen – Verwirrungen, die Kohlbergs Theorie der moralischen Entwicklung zugrunde liegen, von denen einige durch Gilligans Einwände gegen seine Theorie identifiziert werden (§ 9). Diese kritischen Überlegungen erlauben es mir dann, wesentliche Züge von Kants kritischem Ansatz zur Moralphilosophie zu charakterisieren (§ 10). Kants scharfsinnige Theorie moralischer Urteile und moralischer Rechtfertigung erfordert keine Berufung auf den einzigen inkommensurablen Wert der „Würde“; auch ist seine Darstellung nicht individualistisch: Die „Universalität“, die erforderlich ist, um Prinzipien, Handlungen und unsere moralischen Verpflichtungen, Erlaubnisse oder Verbote zu identifizieren und zu bewerten, ist im Prinzip und in der Praxis kosmopolitisch. Kants ‚konstruktiver‘ Ansatz zu diesen Fragen ist nicht der von Rawls; er wird vielmehr von Onora O’Neill korrekt identifiziert. Kants Explikation des rationalen Urteils und der rationalen Rechtfertigung kann das Pyrrhonsche Kriteriumsdilemma auflösen; alternative Methoden, die in der Moralphilosophie bevorzugt worden sind, können dies nicht. (shrink)

In addition to being a founder of American pragmatism, Charles Sanders Peirce was a scientist and an empiricist. A core aspect of his thoroughgoing empiricism was a mindset that treats all attitudes as revisable. His fallibilism seems to require us to constantly seek out new information, and to not be content holding any beliefs uncritically. At the same time, Peirce often states that common sense has an important role to play in both scientific and vital inquiry, and that there cannot (...) be any “direct profit in going behind common sense.” Our question is the following: alongside a scientific mindset and a commitment to the method of inquiry, where does common sense fit in? Peirce does at times directly address common sense; however, those explicit engagements are relatively infrequent. In this paper, we argue that getting a firm grip on the role of common sense in Peirce’s philosophy requires a three-pronged investigation, targeting his treatment of common sense alongside his more numerous remarks on intuition and instinct. By excavating and developing Peirce’s concepts of instinct and intuition, we show that his respect for common sense coheres with his insistence on the methodological superiority of inquiry. We conclude that Peirce shows us the way to a distinctive epistemic position balancing fallibilism and anti-scepticism, a pragmatist common sense position of considerable interest for contemporary epistemology given current interest in the relation of intuition and reason. (shrink)

The chapters in this book have evolved from talks originally presented at The First International Workshop on Human and Machine Cognition.

Includes generous selections from the Essay, topically arranged passages from the replies to Stillingfleet, a chronology, a bibliography, a glossary, and an index based on the entries that Locke himself devised.

The Causal Exclusion Problem is raised in many domains, including in the metaphysics of macroscopic objects. If there is a complete explanation of macroscopic effects in terms of the microscopic entities that compose macroscopic objects, then the efficacy of the macroscopic will be threatened with exclusion. I argue that we can avoid the problem if we accept that macroscopic objects are ontically vague. Then, it is indeterminate which collection of microscopic entities compose them, and so information about microscopic entities is (...) insufficient to provide a complete explanation of certain properties of macroscopic objects. After outlining this solution, I consider several objections. (shrink)

Catholic evolutionists have proposed to reconcile evolutionary anthropogenesis with Catholic doctrine by suggesting that a created soul could be infused into a body produced by evolution from an animal body. Could such an infusion yield not just a Platonic composite but a being with the unity of substance required by a Thomistic philosophy of nature? How could such a soul be the form of the body into which it was infused? This paper suggests that animals seem to have sense-powers with (...) a level of complexity, if not sufficient to underlie the abstraction of concepts in a being that also has a rational soul, then at least nearly so. The burden of proof lies rather on those who think that evolutionary development of such powers is not possible. In its final section, the paper argues that the existence of Eve as a second, and the only additional, initial rational being does not create special problems for the view here articulated. (shrink)

Even philosophers who believe there is a single “problem of personal identity” conceive of that problem in different ways. They differ not only in their ways of stating the problem, but in the parts of philosophy to which they assign it, and in the resources they feel entitled to call upon in their attempts to deal with it. My topic in this paper is an eighteenth-century uncertainty about the place within philosophy of the problem of personal identity. Is it a (...) problem in metaphysics, or a problem in ethics? Here I try to show that the boundary between ethics and metaphysics was—for a line of philosophers beginning with Locke, continuing with Shaftesbury, and ending with Hume—a shifting and sometimes disputed one. I hope what I have to say will help to clarify a longstanding problem in the interpretation of Hume: his motive for repudiating, in the Appendix to the Treatise, the account of judgments of personal identity and simplicity he had provided in Book I. (shrink)