Introduction ADAM CURETON AND KIMBERLEY BROWNLEE Disability and disadvantage are interrelated topics that raise important and sometimes overlooked issues in ...

This pioneering collection of original essays aims to remedy the neglect of social needs and rights in human rights theory and practice by exploring the social dimensions of the human-rights minimum.

Locke on natural rights and the natural law -- Self-consciousness, self-ownership, and natural rights -- From natural rights to the natural law -- Natural morality -- Practical applications.

This paper contends that the natural law theory of Saint Thomas Aquinas has been inappropriately removed from its foundation in the classical philosophical traditions of Cicero and Aristotle. Critics charge that because it refers to the eternal law, and hence divine revelation, St. Thomas’s natural law theory is not “natural.” The author in reply demonstrates the Ciceronian and Aristotelian—and therefore pagan, naturalist—roots of the Thomistic theory. St. Thomas’s discussion of natural law in the Summa mirrors Cicero’s attempted derivation of natural (...) law from “a rational encounter with objective reality.” Further, St. Thomas’s Summa includes demonstrations that God is the Cause of all objective reality. This truth does not however deny the “naturalness” of human rational consideration of reality, but rather shows that humans internally apprehend an external order which owes its reality to the First Cause of all being. Human reason and natural law thereby necessarily involve a participation in the eternal law. The author concludes that attempts to dissociate Thomistic natural law theory from its Ciceronian and Aristotelian roots lessen the force and persuasive power of the former. The proper approach involves, not an abandonment of the traditional theory, but its further development and its application to present issues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:How Old Are Modern Rights? On the Lockean Roots of Contemporary Human Rights DiscourseS. Adam SeagraveArguing for the proper placement of John Locke’s natural rights theory within intellectual history is a particularly high-stakes enterprise for historians of political thought and political theorists alike. This is due in large part to the fact that, as Brian Tierney notes in his recent study, it is “widely agreed that Locke’s work was (...) an important influence in the formation of modern liberal ideas, including ideas concerning rights.”1 Our understanding of Locke thus contributes to our reflective self-understanding as “modern liberals” (of one stripe or another) to an extent perhaps unequaled by any other thinker so far removed from our own time.As a result of the rare promise of studying Locke’s natural rights theory, there has been no shortage of scholarly attempts to determine its place in intellectual history on the basis of Locke’s own writings and their relation both to preceding and subsequent traditions and modes of thought. Although John Dunn had argued in his influential study that Locke’s political thought was too thoroughly steeped in theology to remain relevant in the contemporary context, this thesis has since been persuasively challenged (albeit in very different ways) by Simmons, Zuckert and Waldron, among others.2 Each of these scholars has contributed to an emerging agreement [End Page 305] that the thread of Locke’s natural rights theory may indeed be carried all the way up to current political and moral debates in some form or another. The precise length of this thread as it extends in the other historical direction has, however, remained a point of heated controversy. The scholarly literature on this issue may be broadly described in terms of a spectrum determined by two opposing emphases in understanding the relation of Locke’s natural rights theory to its medieval predecessors: a continuity emphasis and a discontinuity emphasis.On the discontinuity end of the spectrum stand those such as Michel Villey, Leo Strauss, C. B. Macpherson and, more recently, Michael Zuckert who argue for the existence of some sort of “Copernican moment” separating medieval natural rights theories from their modern counterparts.3 Whether this moment is identified with William of Ockham in the fourteenth century or Hobbes in the seventeenth century, these scholars tend to emphasize the distinctively “modern” character of Lockean natural rights theory and its significant departures from medieval modes of thought. According to many of the advocates of discontinuity, Lockean natural rights are not only “modern” in their political applications but also in their more profound meaning as foundations for morality, and particularly in their newly conceived relation to the concept of natural law.4The continuity end of the spectrum is, perhaps, more variegated, including scholars such as Tuck, Tierney, Tully, Oakley, Nederman, Coleman, and Swanson, among others.5 Despite their many important differences, [End Page 306] these scholars each focus upon the similarities between various elements or strains of medieval thought and modern natural rights theories rather than the differences between them. Insofar as the scholars on this end of the spectrum explicitly consider Locke’s natural rights theory, they tend to emphasize Locke’s intellectual debt to various preceding traditions and thinkers rather than his innovations upon them. Building explicitly upon the work of Tuck, Tierney and Tully, Janet Coleman finds “some extraordinarily Lockean moments” in the medieval thinkers John of Paris and Godefroid of Fontaines, and argues that Locke ought to be understood as contributing to this medieval tradition of thought rather than departing from it.6 Scott Swanson, in turn, builds upon Coleman’s scholarship in carefully connecting medieval understandings of the rights of subsistence and the principle of extreme necessity to Locke’s natural rights theory. Swanson initially goes even further than Coleman in asserting that “all of Locke’s celebrated doctrine is here [in John of Paris’s writings] offered in a nutshell” before concluding on the more moderate note, echoed by Cary Nederman, that Locke’s “application of natural rights of subsistence to politics” may indeed have been something “new under the sun.”7Brian Tierney, who has long been a prominent... (shrink)

As controversial as Lockean interpretation relating to the ideas of the law of nature and natural rights has always been, few would dispute the inextricable connection between them in the context of John Locke's thought. The historical development of natural rights language out of the natural law tradition is mirrored to a certain extent in the order within and between Locke's own writings. Locke intimates a persuasive account of the concurrent univocal property of God and the human being in the (...) particular human being herself. The particular human being is the property of God and herself in the very same sense of the word "property", i.e. the product of workmanship or labor. Both slavery and suicide fall foul of Locke's doctrine of the law of nature and natural rights: slavery is a violation of self‐ownership, and suicide is as direct a violation of divine ownership as one can imagine. (shrink)

This chapter discusses the flaws of Clark’s extended mind hypothesis. Clark’s hypothesis assumes that the nature of the processes internal to an object has nothing to do with whether that object carries out cognitive processing. The only condition required is that the object is coupled with a cognitive agent and interacts with it in a certain way. In making this tenuous connection, Clark commits the most common mistake extended mind theorists make; alleging that an object becomes cognitive once it is (...) connected to a cognitive agent is a “coupling-constitution fallacy.” From this fallacy, many hastily proceed to the conclusion that the object or process constitutes part of the agent’s cognitive apparatus or cognitive processing. (shrink)

Among philosophers, there are at least two prevalent views about the core concept of intentional action. View I (Adams 1986, 1997; McCann 1986) holds that an agent S intentionally does an action A only if S intends to do A. View II (Bratman 1987; Harman 1976; and Mele 1992) holds that there are cases where S intentionally does A without intending to do A, as long as doing A is foreseen and S is willing to accept A as a (...) consequence of S’s action. Joshua Knobe (2003a) presents intriguing data that may be taken to support the second view.1 Knobe’s data show an asymmetry in folk judgements. People are more inclined to judge that S did A intentionally, even when not intended, if A was perceived as causing a harm (e.g. harming the environment). There is an asymmetry because people are not inclined to see S’s action as intentional, when not intended, if A is perceived as causing a benefit (e.g. helping the environment). In this paper we will discuss Knobe’s results in detail. We will raise the question of whether his ordinary language surveys of folk judgments have accessed core concepts of intentional action. We suspect that instead Knobe’s surveys are tapping into pragmatic aspects of intentional language and its role in moral praise and blame. We will suggest alternative surveys that we plan to conduct to get at this difference, and we will attempt to explain the pragmatic usage of intentional language. (shrink)

Many critics, Descartes himself included, have seen Hobbes as uncharitable or even incoherent in his Objections to the Meditations on First Philosophy. I argue that when understood within the wider context of his views of the late 1630s and early 1640s, Hobbes's Objections are coherent and reflect his goal of providing an epistemology consistent with a mechanical philosophy. I demonstrate the importance of this epistemology for understanding his Fourth Objection concerning the nature of the wax and contend that Hobbes's brief (...) claims in that Objection are best understood as a summary of the mechanism for scientific knowledge found in his broader work. Far from displaying his confusion, Hobbes's Fourth Objection in fact pinpoints a key weakness of Descartes's faculty psychology: its unintelligibility within a mechanical philosophy. (shrink)

I defend affirmative action on the ground that it increases certain people’s ability to exercise their basic liberties, rather than because it rectifies injustice in the narrow context of educational admission procedures. I present this justification using a Rawlsian contractualist framework to forge a “nonideal principle of justice.” Drawing on social science, I argue that this principle supports affirmative-action policies like those in the contemporary U.S., and blocks the objection that such policies are unfair. In closing, I show how my (...) account can be used to refine some features of contemporary affirmative-action policies, and I reflect more generally on the value of nonideal principles of justice for tackling exigent topics. (shrink)

In a recent paper, Al Mele (2003) suggests that the Simple View of intentional action is “fiction” because it is “wholly unconstrained” by a widely shared (folk) concept of intentional action. The Simple View (Adams, 1986, McCann, 1986) states that an action is intentional only if intended. As evidence that the Simple View is not in accord with the folk notion of intentional action, Mele appeals to recent surveys of folk judgments by Joshua Knobe (2003, 2004a, 2004b). Knobe’s surveys (...) appear to show that the folk judge unintended but known side effects of actions to be performed intentionally. In this paper we will reject Mele’s suggestion that the Simple View is “fiction.” We will also discuss the relationship between surveys and philosophical theories, and the abilities of surveys to access folk core concepts. We will argue that considerations of both fail to support Mele’s suggestion. (shrink)

Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

Different inferences in probabilistic logics of conditionals 'preserve' the probabilities of their premisses to different degrees. Some preserve certainty, some high probability, some positive probability, and some minimum probability. In the first case conclusions must have probability I when premisses have probability 1, though they might have probability 0 when their premisses have any lower probability. In the second case, roughly speaking, if premisses are highly probable though not certain then conclusions must also be highly probable. In the third case (...) conclusions must have positive probability when premisses do, and in the last case conclusions must be at least as probable as their least probable premisses. Precise definitions and well known examples are given for each of these properties, characteristic principles are shown to be valid and complete for deriving conclusions of each of these kinds, and simple trivalent truthtable 'tests' are described for determining which properties are possessed by any given inference. Brief comments are made on the application of these results to certain modal inferences such as "Jones may own a car, and if he does he will have a driver's license. Therefore, he may have a driver's license.". (shrink)

The difficulty of explaining the outputs of artificial intelligence (AI) models and what has led to them is a notorious ethical problem wherever these technologies are applied, including in the medical domain, and one that has no obvious solution. This paper examines the proposal, made by Luciano Floridi and colleagues, to include a new ‘principle of explicability’ alongside the traditional four principles of bioethics that make up the theory of ‘principlism’. It specifically responds to a recent set of criticisms that (...) challenge the supposed need for such a principle to perform an enabling role in relation to the traditional four principles and therefore suggest that these four are sufficient without the addition of explicability. The paper challenges the critics’ premise that explicability cannot be an ethical principle like the classic four because it is explicitly subordinate to them. It argues instead that principlism in its original formulation locates the justification for ethical principles in a midlevel position such that they mediate between the most general moral norms and the contextual requirements of medicine. This conception of an ethical principle then provides a mold for an approach to explicability on which it functions as an enabling principle that unifies technical/epistemic demands on AI and the requirements of high-level ethical theories. The paper finishes by anticipating an objection that decision-making by clinicians and AI fall equally, but implausibly, under the principle of explicability’s scope, which it rejects on the grounds that human decisions, unlike AI’s, can be explained by their social environments. (shrink)

That about sums up what is wrong with Clark's view.

The original text, written in the language and style of 1909, is almost completely unreadable in 2011. I have taken the liberty of editing it and paraphrasing it for the sake of readability; I have made every effort to preserve the author’s original meaning. Section headings and tables have been added by Prof. Steinhart. Note that Figure 1 is by Adams.

Purpose This study aims to analyse the impacts of Edward Snowden’s revelations in Spain focusing on issues of privacy and state surveillance. This research takes into consideration the Spanish context from a multidimensional perspective: social, cultural, legal and political. Design/methodology/approach The paper reviews the Spanish privacy and state surveillance situation. Responses to a questionnaire were collected from 207 university students studying at Universitat Rovira i Virgili or Burgos University. The quantitative responses to the survey were statistically analysed as well as (...) qualitative considerations of free-text answers. Findings The survey outcomes demonstrate that a majority of respondents are aware of Snowden’s revelations, but only a few have even considered taking serious actions to improve their online privacy. One of the most relevant findings is that Spanish citizens find it acceptable to lose privacy and be subject to state surveillance if that provides a benefit in security. Practical implications The research points out the importance of privacy in a multicultural environment. A sensitised society is a keystone for the healthy and balanced development of state surveillance policy and practice. Social implications Training programmes are a critical dimension to ensure awareness across society regarding privacy and digital technologies. Suitable educational policies and curricula at all levels should be fostered. Originality/value Privacy and state surveillance based on information and communication technologies is an emerging research topic with important consequences for social values and ethics. This study provides an overview of Spanish higher education students’ attitudes in these areas. (shrink)

This article critically engages with Castoriadis’s elucidation of autonomy. It does so by taking into account the implications of Castoriadis’s enduring interest in the ecological devastation of the natural world, on the one hand, and the changing configuration of his philosophical anthropology, on the other—especially in regard to his reconsideration of the creativity of nature in the 1980s and the reconfiguration of the nomos and physis problematic. It contextualizes these movements in his thought within a broader hermeneutic of modernity that, (...) following Johann Arnason, emphasizes the cultural currents of both Romanticism and the Enlightenment as constitutive of modernity as a field of tensions. In an extension of Arnason’s elaboration, however, the present article argues that a latent opening towards an ecological worldhood is implicit to Castoriadis’s hermeneutic of modernity that, conversely, also finds Castoriadis at the limits of autonomy. (shrink)

This paper traces the application of information theory to philosophical problems of mind and meaning from the earliest days of the creation of the mathematical theory of communication. The use of information theory to understand purposive behavior, learning, pattern recognition, and more marked the beginning of the naturalization of mind and meaning. From the inception of information theory, Wiener, Turing, and others began trying to show how to make a mind from informational and computational materials. Over the last 50 years, (...) many philosophers saw different aspects of the naturalization of the mind, though few saw at once all of the pieces of the puzzle that we now know. Starting with Norbert Wiener himself, philosophers and information theorists used concepts from information theory to understand cognition. This paper provides a window on the historical sequence of contributions made to the overall project of naturalizing the mind by philosophers from Shannon, Wiener, and MacKay, to Dennett, Sayre, Dretske, Fodor, and Perry, among others. At some time between 1928 and 1948, American engineers and mathematicians began to talk about `Theory of Information' and `Information Theory,' understanding by these terms approximately and vaguely a theory for which Hartley's `amount of information' is a basic concept. I have been unable to find out when and by whom these names were first used. Hartley himself does not use them nor does he employ the term `Theory of Transmission of Information,' from which the two other shorter terms presumably were derived. It seems that Norbert Wiener and Claude Shannon were using them in the Mid-Forties. (shrink)

Courts and jurors sometimes refuse to assign liability to defendants on the basis of statistics alone, despite their apparent reliability. I argue that this refusal is best understood as a recognition of defendants’ right to security. Understood as a robust good in Philip Pettit’s sense, security requires that someone risking harm to others’ protected interests adopt a disposition of concern that controls against wrongfully harming them. Since trials risk harm, the state must adopt such a disposition. Statistics leave open the (...) possibility of innocence and so wrongful harm in a way that the state cannot ignore; if it does use such statistics, it makes defendants wrongfully insecure. This explanation of the problem of bare statistical evidence is especially apt because security grounds the right to a fair trial and judicial procedural rights more generally. (shrink)

Ideal theory has been extensively contested on the grounds that it is ideology: namely, that it performs the distorting social role of reifying and enforcing unjust features of the status quo. Indeed, a growing number of philosophers adopt a nonideal methodology—which dispenses with ideal theory—because of this ideology critique. I argue, however, that such philosophers are confused about the ultimate dialectical upshot of this critique even if it succeeds. I do so by constructing a parallel—equally plausible—ideology critique of nonideal methodology; (...) specifically, I argue that capitalist and managerial social attitudes have commodified people’s conception of justice and induced suspicion of ideal theory, which is not construed as having direct practical value. Consequently, nonideal methodology performs the distorting role of reifying and enforcing the hegemonies of capitalism and managerialism. Ideal theory and nonideal methodology are, therefore, in symmetrically bad positions. (shrink)

Purpose This paper aims to introduce a cross-cultural study of the views and implications of Snowden’s revelations about NSA/GCHQ surveillance practices, undertaken through surveys administered in eight countries. The aims and academic and social significance are explained, and justification is offered for the methods used. Design/methodology/approach Pilot surveys were deployed in two countries, following which revised versions were deployed in eight countries. Quantitative analysis of suitable answer sets and quantitative analysis were performed. Findings Through the pilot survey studies conducted in (...) Japan and Spain, the academic significance and meaningfulness, as well as social significance of the project, were confirmed. Practical implications The results of the cross-cultural study are expected to contribute not only to the advance of surveillance study but also to the enhancement of ordinary, non-technical people’s awareness of state surveillance and their proactive approach to protecting their own rights and dignity from covert intrusion by government agencies. Originality/value This paper clarifies the importance and methodologies of investigating the social impact of Snowden’s revelations on youngsters’ attitudes toward privacy and state surveillance in a cross-cultural analysis framework. Although a few other studies have assessed the impact of Snowden’s revelations, these have mostly focussed on the USA, so this is the only study to date considering that impact on a broad international scale, using highly similar surveys to ensure comparability. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...) and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

Deeply rooted structures of racism, ableism, misogyny, ageism, and transphobia hurt great numbers of people, exposing them to intolerance, economic exclusion, and physical harm around the globe. Billions of land animals suffer and die annually in concentrated feeding operations and slaughterhouses. Our planet and all who live here are in perilous straights as the climate changes. In the face of such grievous problems, people who want to find positive ways to respond often grapple with difficult questions about how to make (...) a difference. Effective Altruism has arisen as an attempt to help answer these questions, encouraging people to give as much money as they can in the most effective ways to address human and animal suffering. But the Effective Altruists’ answers support some of the very social structures that cause suffering, undermining its efforts to “do the most good.” The Good It Promises, The Harm It Does is the first book-length critique of Effective Altruism. It brings together a diverse group of activists and scholars to explore Effective Altruism’s failure to meaningfully address forms of human and animal suffering. (shrink)

The paper is an interpretation and defense of Kant's conception of things in themselves as noumena, along the following lines. Noumena are transempirical realities. As such they have several important roles in Kant's critical philosophy (Section 1). Our theoretical faculties cannot obtain enough content for a conception of noumena that would assure their real possibility as objects, but can establish their merely formal logical possibility (Sections 2-3). Our practical reason, however, grounds belief in the real possibility of some noumena, and (...) even knowledge of the noumenal reality of a free will (Section 4). Section 5 defends Kant's conception of noumena as a good piece of philosophy, particularly with respect to its distinction between logical and real possibility. Are noumena numerically identical with experienced (phenomenal) objects? Kantian principles yield the answers that human selves are, God isn't, and it's harder to say about bodies (Section 6). (shrink)

The nature of light is a focus of Thomas Hobbes’s natural philosophical project. Hobbes’s explanation of the light of lucid bodies differs across his works, from dilation and contraction in Elements of Law to simple circular motions in De corpore. However, Hobbes consistently explains perceived light by positing that bodily resistance generates the phantasm of light. In Letters I.XIX–XX of Philosophical Letters, fellow materialist Margaret Cavendish attacks the Hobbesian understanding of both lux and lumen by claiming that Hobbes has illicitly (...) made abstractions from matter. In this paper, I argue that Cavendish’s criticisms rely on an incorrect understanding of the nature of Hobbesian geometry and the role it plays in Hobbes’s natural philosophy. Rather than understanding geometry as wholly abstract, Hobbes attempts to ground geometry in different ways of considering bodies and their motions. Furthermore, Hobbes’s own criticisms of abstraction suggest that he would share many of the worries she raises but deny that he falls prey to them. (shrink)

Sven Bernecker develops a theory of propositional memory that is at odds with the received epistemic theory of memory. On Bernecker’s account the belief that is remembered must be true, but it need not constitute knowledge, nor even have been true at the time it was acquired. I examine his reasons for thinking the epistemic theory of memory is false and mount a defense of the epistemic theory.

In two recent books, Jerry Fodor has developed a set of sufficient conditions for an object “X” to non-naturally and non-derivatively mean X. In an earlier paper we presented three reasons for thinking Fodor's theory to be inadequate. One of these problems we have dubbed the “Pathologies Problem”. In response to queries concerning the relationship between the Pathologies Problem and what Fodor calls “Block's Problem”, we argue that, while Block's Problem does not threatenFodor's view, the Pathologies Problem does.

Many of Margaret Cavendish’s criticisms of Thomas Hobbes in the Philosophical Letters (1664) relate to the disorder and damage that she holds would result if Hobbesian pressure were the cause of visual perception. In this paper, I argue that her “two men” thought experiment in Letter IV is aimed at a different goal: to show the explanatory potency of her account. First, I connect Cavendish’s view of visual perception as “patterning” to the “two men” thought experiment in Letter IV. Second, (...) I provide a potential reply on Hobbes’s behalf that appeals to physiological differences between perceivers’ sense organs, drawing upon Hobbes’s optics in De homine. Third, I argue that such a reply would misunderstand Cavendish’s objective of showing the limited explanatory resources available in understanding visual perception as pressing when compared to her view of visual perception as patterning. (shrink)

I have argued elsewhere that there are facts, and possibilities, that are not purely qualitative. In a second paper, however, I have argued that all possibilities are purely qualitative except insofar as they involve individuals that actually exist. In particular, I have argued that there are no thisnesses of nonactual individuals (where the thisness of x is the property of being x, or of being identical with x), and that there are no singular propositions about nonactual individuals (where a singular (...) proposition about an individual x is a proposition that involves or refers to x directly, perhaps by having x or the thisness of x as a constituent, and not merely by way of x's qualitative properties or relations to other individuals). I am also inclined to believe that there are not yet any thisnesses of individuals that will exist but do not yet, nor any singular propositions about future individuals--and, hence, that all possibilities are purely qualitative except insofar as they involve individuals that already do exist or have existed (counting timeless individuals, if any, as already existing). This thesis about the relation of time to thisness is the subject of the present paper, in which the conclusions of my previous papers will be presupposed. (shrink)

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. (...) An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state. (shrink)