Recent theoretical work in developmental psychology suggests that humans are predisposed to align their mental states with those of other individuals. One way this manifests is in cooperative communication ; that is, intentional communication aimed at aligning individuals’ mental states with respect to events in their shared environment. This idea has received strong empirical support. The purpose of this paper is to extend this account by proposing an integrative model of the biobehavioral dynamics of cooperative communication. Our formulation is based (...) on active inference. Active inference suggests that action-perception cycles operate to minimize uncertainty and optimize an individual’s internal model of the world. We propose that humans are characterized by an evolved adaptive prior belief that their mental states are aligned with, or similar to, those of conspecifics (i.e., that ‘we are the same sort of creature, inhabiting the same sort of niche’). The use of cooperative communication emerges as the principal means to gather evidence for this belief, allowing for the development of a shared narrative that is used to disambiguate interactants’ (hidden and inferred) mental states. Thus, by using cooperative communication, individuals effectively attune to a hermeneutic niche composed, in part, of others’ mental states; and, reciprocally, attune the niche to their own ends via epistemic niche construction. This means that niche construction enables features of the niche to encode precise, reliable cues about the deontic or shared value of certain action policies (e.g., the utility of using communicative constructions to disambiguate mental states, given expectations about shared prior beliefs). In turn, the alignment of mental states (prior beliefs) enables the emergence of a novel, contextualizing scale of cultural dynamics that encompasses the actions and mental states of the ensemble of interactants and their shared environment. The dynamics of this contextualizing layer of cultural organization feedback, across scales, to constrain the variability of the prior expectations of the individuals who constitute it. Our theory additionally builds upon the active inference literature by introducing a new set of neurobiologically plausible computational hypotheses for cooperative communication. We conclude with directions for future research. (shrink)

In this commentary, we critique the appropriate behavioural features for evolutionary genetic analysis, the role of the environment, and the viability of a general evolutionary genetic model for all common mental disorders. In light of these issues, we suggest that the authors may have prematurely discounted the role of some of the mechanisms they review, particularly balancing selection. (Published Online November 9 2006).

Paul Thompson’s excellent book, From Field to Fork: Food Ethics for Everyone, argues that contemporary food ethics persistently ignores the nature and actual impact of GMOs, Concentrated Animal Feeding Operations, food aid to developing countries, and more. On Thompson’s view, such philosophical analyses must incorporate empirical knowledge. Additional strengths of Thompson’s book: its attention to quality-of-life issues, its openness to the concerns of the marginalized, and its emphasis on the interconnectedness of problems in food ethics. I raise one area (...) of disagreement with Thompson: his treatment of GMOs is, I argue, insufficiently skeptical. I suggest a three-fold revision of the book’s treatment of the precautionary principle, and I levy an additional argument against GMOs, the Inductive Argument. Using the herbicide Roundup as a case study of the ways in which industry urges the use of technologies that have not been fully vetted or monitored, I argue that products originally seen as safe often turn out instead to be harmful to the environment and health. Significant inductive experience with similar cases gives people additional reason to be even more suspicious of GMOs than Thompson suggests. (shrink)

The essays in this volume critically analyze and revitalize agrarian philosophy by tracing its evolution in the classical American philosophy of key figures such as Franklin, Jefferson, Emerson, Thoreau, Dewey, and Royce.

Presents a collection of essays written over a period of 15 years by agricultural ethicist Paul B. Thompson. The essays address the practical application of ethics to agriculture in a world faced with issues of increased yield, threatened environment, and the disappearance of the family farm.

In [P. Larson, Martin’s Maximum and the axiom , Ann. Pure App. Logic 106 135–149], we modified a coding device from [W.H. Woodin, The Axiom of Determinacy, Forcing Axioms, and the Nonstationary Ideal, Walter de Gruyter & Co, Berlin, 1999] and the consistency proof of Martin’s Maximum from [M. Foreman, M. Magidor, S. Shelah, Martin’s Maximum. saturated ideals, and non-regular ultrafilters. Part I, Annal. Math. 127 1–47] to show that from a supercompact limit of supercompact cardinals one could force Martin’s (...) Maximum to hold while the axiom fails. Here we modify that argument to prove a stronger fact, that Martin’s Maximum is consistent with the existence of a wellordering of the reals definable in H without parameters, from the same large cardinal hypothesis. In doing so we give a much simpler proof of the original result. (shrink)

An environmental, climate mitigation rationale for research and development on liquid transportation fuels derived from plants emerged among many scientists and engineers during the last decade. However, between 2006 and 2010, this climate ethic for pursuing biofuel became politically entangled and conceptually confused with rationales for encouraging greater use of plant-based ethanol that were both unconnected to climate ethics and potentially in conflict with the value-commitments providing a mitigation-oriented reason to promote and develop new and expanded sources of biofuel. I (...) argue that the conceptual construct of technological trajectories provides a fecund approach to the ethical evaluation of R&D strategies in the case of plant-based liquid transportation fuels. The idea of a trajectory has a current use in the literature of science studies and aptly summarizes a number of themes that are critical to the evaluation of tools and techniques whose future shape, design, applications and potential consequences are necessarily somewhat speculative. In the case of biofuels, it is the imagined future trajectory that provides the basis for resistance to an emerging technology, rather than the present-day technical capabilities and the unexpected consequences of biofuel development. (shrink)

When may a physician enroll a patient in clinical research? An adequate answer to this question requires clarification of trust-based obligations of the state and the physician-researcher respectively to the patient-subject. The state relies on the voluntarism of patient-subjects to advance the public interest in science. Accordingly, it is obligated to protect the agent-neutral interests of patient-subjects through promulgating standards that secure these interests. Component analysis is the only comprehensive and systematic specification of regulatory standards for benefit-harm evaluation by research (...) ethics committees (RECs). Clinical equipoise, a standard in component analysis, ensures the treatment arms of a randomised control trial are consistent with competent medical care. It thus serves to protect agent-neutral welfare interests of the patient-subject. But REC review occurs prior to enrolment, highlighting the independent responsibility of the physician-researcher to protect the agent-relative welfare interests of the patient-subject. In a novel interpretation of the duty of care, we argue for a “clinical judgment principle” which requires the physician-researcher to exercise judgment in the interests of the patient-subject taking into account evidence on treatments and the patient-subject‘s circumstances. (shrink)

The emergence of individuality during the evolutionary transition from single cells to multicellularity poses a range of problems. A key issue is how variation in lower‐level individuals generates a corporate (collective) entity with Darwinian characteristics. Of central importance to this process is the evolution of a means of collective reproduction, however, the evolution of a means of collective reproduction is not a trivial issue, requiring careful consideration of mechanistic details. Calling upon observations from experiments, we draw attention to proto‐life cycles (...) that emerge via unconventional routes and that transition, in single steps, individuality to higher levels. One such life cycle arises from conflicts among levels of selection and invokes cheats as a primitive germ line: it lays the foundation for collective reproduction, the basis of a self‐policing system, the selective environment for the emergence of development, and hints at a plausible origin for a soma/germ line distinction. (shrink)

Agrarian political philosophies since ancient Greece stress the role of agriculture in forming political solidarity and civic virtue. More recent transformations suggest a way to conjoin these elements of what makes a polity politically sustainable with environmental sensitivity and literacy.

: In response to the preceding commentary by Jerry Menikoff in this issue of the Journal , the authors argue that Fried's central concern is not that randomized clinical trials (RCTs) are conducted without consent, but rather that various aspects of the design and conduct of RCTs are in tension with physicians' duties of personal care to their patients. Although Fried does argue that the existence of equipoise cannot justify failure to obtain consent from research subjects, informed consent by itself (...) does not supplant ill subjects' rights to personalized judgment and care embodied in Fried's equipoise. (shrink)

Critically analyzes and revitalizes agrarian philosophy by tracing its evolution. Today, most historians, philosophers, political theorists, and scholars of rural America take a dim view of the agrarian ideal that farmers and farming occupy a special moral and political status in society. Agrarian rhetoric is generally seen as special pleading on the part of farmers seeking protection from labor reform and environmental regulation while continuing to receive direct payments and subsidies from the public till. Agrarianism should not be viewed as (...) a set of immutable claims about farming and political order, but as a tradition of moral and political philosophy that has evolved and deepened over the centuries. Agrarian naturalism--the belief that culture and conduct are conditioned by nature because they are of a piece with nature--becomes pragmatic naturalism, giving way to a new set of puzzles about how we are to understand the rural landscape and our responsibilities for its use. The agrarian idea that personality and sociability are integrated with the material transformation of the landscape can serve as the basis for a new, pragmatically grounded ethic of natural resources and rural development. The essays in this volume critically analyze and revitalize agrarian philosophy by tracing its evolution in the classical American philosophy of key figures such as Franklin, Jefferson, Emerson, Thoreau, Dewey, and Royce. Three chapters address the belief that farming peoples develop moral virtue and a taste for democracy as it evolved in the American context, and four examine how a reconstitution of agrarian themes might invigorate our nation's thinking on environment, food, and rural development policy. The Agrarian Roots of Pragmatism will be of broad interest to scholars of American philosophy, rural history, history of ideas, geography, and agricultural or natural resource policy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Excited DeliriumWhat’s Psychiatry Got to do With It?Paul B. Lieberman, MDIf in life we are surrounded by death, so too in the health of our intellect by madness.—WittgensteinDelirium is a medical syndrome defined as “a relatively acute decline in cognition that fluctuates over hours or days” whose primary manifestation is a deficit of attention. It is common, estimated to occur in 10% to more than 50% of hospitalized (...) patients, with higher prevalence rates among people in nursing homes and at the end of life. It is often fatal, with a mortality rate in the hospital estimated to be 25% to 33%. Caused by a wide variety of conditions and frequently difficult to diagnose, it lacks characteristic postmortem pathology (Josephson & Miller 2018)‘Excited delirium,’ as Byju and Friesen forcefully argue (Byju & Friesen, 2023), is, if nothing else, an excuse. The ‘diagnosis’ has not been empirically validated and remains controversial (American Psychiatric Association, 2020). And while delirium is usually treated by internists and emergency medicine physicians, psychiatrists should also be concerned about the misuse of a putative medical diagnosis and join actively in discussion about it. For one thing, patients mis-diagnosed with this condition, as Byju and Friesen’s examples suggest, may actually have another psychiatric condition and, so, be people for whose safety we should advocate. Moreover, the kinds of police interventions which Byju and Friesen document as involving excited delirium also befall patients with other psychiatric problems in whom the issue of delirium does not arise.There are at least two broad ways in which psychiatrists are qualified and obligated to engage with this issue. As physicians, we should join our medical colleagues in carefully but persistently telling the scientific, medical truth. As psychiatrists, we should bring psychiatric knowledge into the discussion, for example, by explaining what can happen when people who do not, apparently, have a diagnosable mental disorder interact under stress with other people who, apparently, do.Delirium is a clinical diagnosis, made when characteristic signs and symptoms are present which should not be made ‘by exclusion’ when, as may happen, other causes are not found. There is no evidence of delirium in any of the three clinical descriptions Byju and Friesen provide. Perhaps such evidence exists which is not in their brief reports, but these three people appear to have had, either, another psychiatric condition, such as psychosis or drug intoxication, or perhaps no [End Page 353] diagnosis at all. Psychiatrists are particularly wellpositioned to make this point since patients with mental health problems are often misdiagnosed when they seek medical attention and are told, and treated as if, “it’s all (“just”!) psychological.”Excited delirium, if it exists, is fatal in 10% of cases (Gonin, Beysard, Hersin, & Carron, 2018) and, although this is lower than the rate for delirium in general, it is still high. Medical personnel must be available to evaluate and ensure the safety of patients in custody.The potential conflict between protecting the patient and protecting the public should not be overstated. Although physical trauma and excessive administration of medications, including ketamine 500 mg IV (Orhurhu, Vashicht, Claus, & Cohen, 2023) can be lethal, mechanical restraint by itself is not (Chieze et al., 2019; Gleerup et al., 2019): something else is necessary, such as asphyxiation (Evans, Wood, & Lambert, 2003). Nor is restraint necessary in many cases in which ‘de-escalation’ techniques can be equally effective (Garriga et al., 2016; Fernández-Costa, 2020). Perhaps these points are best made by law enforcement leaders—and they have been—but psychiatrists can add that safe management of potential violence can be provided for agitated people with psychiatric conditions.Although it is not clear what kind of strength ‘superhuman’ strength might be (certainly not medical), relative imperviousness to pain is clinically described. Its locus classicus is Beecher’s observation, during World War II, that injured soldiers awaiting return home from the front, required lower than usual doses of analgesics (Beecher, 1946). And it’s a common experience, scientifically confirmed, that physical trauma may not become painful until sometime after the injury (Melzack, Wall, & Ty, 1982). But pain is a warning. Its absence is not a license, but a caution... (shrink)

Franklin G. Miller and colleagues have stimulated renewed interest in research ethics through their work criticizing clinical equipoise. Over three years and some twenty articles, they have also worked to articulate a positive alternative view on norms governing the conduct of clinical research. Shared presuppositions underlie the positive and critical dimensions of Miller and colleagues' work. However, recognizing that constructive contributions to the field ought to enjoy priority, we presently scrutinize the constructive dimension of their work. We argue that it (...) is wanting in several respects. (shrink)

Open-source communities that focus on content rely squarely on the contributions of invisible strangers in cyberspace. How do such communities handle the problem of trusting that strangers have good intentions and adequate competence? This question is explored in relation to communities in which such trust is a vital issue: peer production of software (FreeBSD and Mozilla in particular) and encyclopaedia entries (Wikipedia in particular). In the context of open-source software, it is argued that trust was inferred from an underlying ‘hacker (...) ethic’, which already existed. The Wikipedian project, by contrast, had to create an appropriate ethic along the way. In the interim, the assumption simply had to be that potential contributors were trustworthy; they were granted ‘substantial trust’. Subsequently, projects from both communities introduced rules and regulations which partly substituted for the need to perceive contributors as trustworthy. They faced a design choice in the continuum between a high-discretion design (granting a large amount of trust to contributors) and a low-discretion design (leaving only a small amount of trust to contributors). It is found that open-source designs for software and encyclopaedias are likely to converge in the future towards a mid-level of discretion. In such a design the anonymous user is no longer invested with unquestioning trust. (shrink)

Bioethics is currently witnessing unprecedented debate over the moral and legal norms governing the conduct of clinical research. At the center of this debate is the duty of care in clinical research, and its most widely accepted specification, clinical equipoise. In recent work, we have argued that equipoise and cognate concepts central to the ethics of clinical research have been left unnecessarily vulnerable to criticism. We have suggested that the vulnerability lies in the conspicuous absence of an articulated foundation in (...) moral and legal theory of the physician-researcher's duty of care to the patient-subject. We have repeatedly suggested that the requisite foundation is in the ethics of trust and the law of fiduciaries.Curiously, despite the absence of a published thorough exposition of our position, some have preemptively criticized our suggestion that the relationship between physician-researcher and patient-subject is fiduciary. Others have offered their own accounts of the implications of fiduciary law for the relationship. (shrink)

The traditional military-territorial model of the nation state defines international duties in terms of protecting citizens' property from foreign threats. In this 1992 book about the principles of the US agricultural policy and foreign aid, Professor Thompson replaces this model with the notion of the trading state that sees its role in terms of the establishment of international institutions that stabilize and facilitate cultural and intellectual, as well as commercial, exchanges between nations. The argument focuses on protectionist challenges to foreign (...) aid and development assistance programs, and engages with the views of a variety of economists, commodity organizations, and philosophers on world hunger and development. What emerges is a new interpretation of social contract theory that can determine goals for international trade and development policy. (shrink)

After centuries of neglect, the ethics of food are back with a vengeance. Justice for food workers and small farmers has joined the rising tide of concern over the impact of industrial agriculture on food animals and the broader environment, all while a global epidemic of obesity-related diseases threatens to overwhelm modern health systems. An emerging worldwide social movement has turned to local and organic foods, and struggles to exploit widespread concern over the next wave of genetic engineering or nanotechnologies (...) applied to food. Paul B. Thompson's book applies the rigor of philosophy to key topics in the first comprehensive study explore interconnections hidden deep within this welter of issues. Bringing to bear more than thirty years of experience working closely with farmers, agricultural researchers and food system activists, he explores the eclipse of food ethics during the rise of nutritional science, and examines the reasons for its sudden re-emergence in the era of diet-based disease. Thompson discusses social injustice in the food systems of developed economies and shows how we have missed the key insights for understanding food ethics in the developing world. His discussions of animal production and the environmental impact of agriculture break new ground where most philosophers would least expect it. By emphasizing the integration of these issues, Thompson not only brings a comprehensive philosophical approach to moral issues in the production, processing, distribution, and consumption of food -- he introduces a fresh way to think about practical ethics that will have implications in other areas of applied philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Recovering One's Self from PsychosisA Philosophical AnalysisThe author reports no conflicts of interest.Rosanna Wannberg (2024) has given us a dense but helpful introduction to certain philosophical questions raised by the fact that many patients recovering from psychotic illnesses describe their recovery in terms of gaining or regaining a 'sense of self' and a 'sense of agency,' which often involves acceptance of the 'fact' of being mentally ill, for example, (...) of 'having schizophrenia.' She raises two important questions: How should we understand what is going on in these accounts? and What are the implications of these reports for our understanding of what it is to have a 'sense of self' or a 'sense of agency'—of 'subjectivity' generally—which might have, both, clinical and nonclinical implications?What does it mean to have a self or a sense of having one, agency or a sense of having it? One might think these are the possession or experience of something 'inner' such as feelings of confidence or assurance, perhaps having a kind of inner structure or a set of deeply held ideas which give us coherence, motivate us and justify our actions, and which we can know by 'looking inward,' in an introspective act which provides direct, privileged acquaintance.Yet Wittgenstein called this a dangerously misleading 'picture' which 'held us captive,' and needed always to be 'gotten rid of' (Wittgenstein, 1958). One way of seeing the problem is to consider that no inner 'object,' no thing inside us, can be, or give us a sense of having, a self or agency, because no mere thing (whether an experience of confidence, or having an inner structure) can have any meaning or provide any explanation. A thing (like a word on a page) is just a thing—inert, dead— and must be interpreted, that is used, before it can play a role in our 'forms of life' (Wittgenstein, 1958) including explaining our sense of self or agency.Semantic externalists (Burge, 1979; Putnam, 1975), have argued that even what is internal to our minds—like thoughts—have contents which are determined by experiences in the 'outside' world in which we have lived and learned: if our experiences in the world, they have shown, were different, then so, also, would be the contents of our thoughts. It has even been argued that internal mental experiences which appear to be purely phenomenological (such as an image or a thought-token, so-called narrow content) can only [End Page 67] be identified and thought about using concepts having references in the external world: there is, so it is claimed, no narrow content (Yli-Vakkuri and Hawthorne, 2018); or, if there is, it is of no explanatory use in psychology (Fodor, 1994).If this is the philosophical background from which Wannberg confronts first-person accounts of recovery from psychosis which include (re)gaining a sense of self or agency, and if this philosophy is right, what becomes of the accounts? How are they to be understood?To meet this challenge, Wannberg invokes an alternative account of self-possession and firstperson authority provided by Richard Moran (2001). Moran's position is that we find or possess ourselves when we find or hold beliefs about the world which we do not merely believe but endorse or avow, where to endorse or avow a belief about the world is to find and endorse reasons in the world, which support that belief. Thus, I can avow that it's raining if I can look outside and see that it is raining. This Moran calls the transparency condition. Endorsing or avowing both a belief and the external reasons for it gives the self what Moran refers to as authenticity and which also might be said to provide cohesion, consistency and intelligibility—plausibly, a 'sense of self.'The transparency condition also applies to beliefs that justify actions. We act intentionally when we can give good reasons for what we do (Anscombe, 1957; Moran, 2001) and we can give good reasons for what we do when we can identify facts in the world that support those reasons. Thus, the transparency condition can explain both a sense of self and a sense... (shrink)

The Spirit of the Soil challenges environmentalists to think more deeply and creatively about agriculture. Paul B. Thompson identifies four `worldviews' which tackle agricultural ethics according to different philosophical priorities; productionism, stewardship, economics and holism. He examines current issues such as the use of pesticides and biotechnology from these ethical perspectives. This book achieves an open-ended account of sustainability designed to minimise hubris and help us to recapture the spirit of the soil.

The canonical function game is a game of length ω1 introduced by W. Hugh Woodin which falls inside a class of games known as Neeman games. Using large cardinals, we show that it is possible to force that the game is not determined. We also discuss the relationship between this result and Σ22 absoluteness, cardinality spectra and Π2 maximality for H(ω2) relative to the Continuum Hypothesis.

Agricultural crops developed using the tools of genetic engineering have become socially institutionalized in three ways that substantially compromise the inherent potential of plant transformation tools. The first is that when farming depends upon debt finance, farmers find themselves in a competitive situation such that efficiency-enhancing technology fuels a trend of bankruptcy and increasing scale of production. As efficiency increasing tools, GMOs are embedded in controversial processes of social change in rural economies. The United States, at least, has chosen not (...) to undertake policy interventions to slow or reverse this trend. The second institutionalization of GMOs is found in the way that agricultural science has become divided between two camps, one focused on efficiency and total global production, the other focused on maintaining soil and water ecosystems in the face of both population growth and climate change. GMOs have been strongly supported by the first camp and regarded as irrelevant to the goals of the second. Finally, GMOs have become symbolic markers in the global debate over neoliberal institutions for trade and the protection of intellectual property. While there may be agronomic arguments for favoring GMO technology, the way that it has become situated in each of these social debates insures that it will be subject to strong opposition without regard to its biological risks and potential benefits. (shrink)

This article is about the religious roots of violence, in particular religious terrorism. The author argues that there is a great reluctance to study this relationship. This is unfortunate because only on the basis of a realistic estimate of the facts can a successful counterterrorist strategy be developed. One of the problems with religious violence is that holy scriptures, in some passages, exhort believers to violent acts. In combination with a theory of ethics that is known as “divine command morality” (...) this is problematic. Even if the holy book contains only a small percentage of passages invoking violence they pose a problem if the whole book is considered to be holy and the word of God. (shrink)

Although cloning may eventually become an important technology for livestock production, four ethical issues must be addressed before the practice becomes widespread. First, researchers must establish that the procedure is not detrimental to the health or well-being of affected animals. Second, animal research institutions should evaluate the net social benefits to livestock producers by weighing the benefits to producers against the opportunity cost of research capacity lost to biomedical projects. Third, scientists should consider the indirect effects of cloning research on (...) the larger ethical issues surrounding human cloning. Finally, the market structure for products of cloned animals should protect individual choice, and should recognize that many individuals find the prospect of cloning (or consuming cloned animals) repugnant. Analysis of these four issues is complicated by spurious arguments alleging that cloning will have a negative impact on environment and genetic diversity. (shrink)

Issues of social justice underlie the clamour for greater gender balance in top-management. The present study reveals that pursuit of such social justice is also value-enhancing in relation to the longer-run performance of initial public offerings stocks, especially where female board members are unencumbered by family-connection with other directors. This study examines the economic benefits of board gender diversity for state- and privately controlled firms in the Hong Kong IPO market. Gender board diversity is much less common in state-run IPO (...) firms. Within the subset of privately controlled IPO firms, distinction exists between entities that accommodate family-connected board officers and those that do not. Specifically, this study focuses on family-ties between board members. This issue allows for finer-grained assessment of family influence on firm performance. Stronger post-listing stock, return-on-assets and sales-on-assets performance arise in privately controlled firms without family-connected board members and in state-run entities. Gender diversity thus serves as a positive, but only when female director presence is untrammelled by family associations between directors. However, there is little evidence of a link between female board representation and IPO underpricing. Relative to state-backed issuers, privately controlled firm boards accommodate more women, younger officers and a broader mix of nationalities, but appear more-inclined to unify CEO and chair positions. Board duality, the fraction of independent directors and directors’ age and nationality exhibit little relation with initial and aftermarket stock returns. In prescriptive terms, minority investors gain from the inclusion of female directors, especially when IPO firm directors are unencumbered by family-affiliation with other board members. Results therefore add to the clarion of calls for greater female board presence. (shrink)

Each of four sections in this paper sketches the philosophical problems associated with a different dimension of sustainability. The untitled introductory section surveys the oft-noted discrepancies between different notions of sustainability, and notes that one element of the ambiguity relates to the different points of view taken by a participant in a system and a detached observer of the system. The second section, “Sustainability as a System Describing Concept,” examines epistemological puzzles that arise when one attempts to assess the truth (...) or falsity of claims that attribute sustainability or non-sustainability. In particular, such claims generally presume bounded systems, but boundary conditions are value-laden. The third section, “Sustainability as a Goal Prescribing Concept,” examines puzzles that arise in attempting to define sustainability in normative terms. In particular, the question of whether sustainability is an intrinsic or instrumental value is examined. The final section, “Sustainability and Bliss,” offers an analysis of the moral responsibilities that human beings have, given the fact that knowledge of conditions for achieving sustainability can never be complete. (shrink)

Bryan Norton’s 2005 book Sustainability describes a pragmatic approach to environmental philosophy that stresses philosophy’s role as one of mediating between scientific and ordinary language. But on two topics, Norton’s approach is not pragmatic enough. In the case of his discussion of risk, he accedes to a scientific notion that fails to acknowledge the way that ordinary usage of the word risk involves pragmatic links to human action and moral responsibility. With respect to the word sustainability, his analysis fails to (...) acknowledge important scientific work that characterizes the functional integrity of system cycling, opting instead for usage grounded either in economic accounting or in an even less substantive sense of a broad social movement for environmental improvement. On each of these topics, adherence to the pragmatic orientation of Norton’s philosophy results in a different analysis of the concepts in question. (shrink)

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed in (...) the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

A function f from ω1 to the ordinals is called a canonical function for an ordinal α if f represents α in any generic ultrapower induced by forcing with math formula. We introduce here a method for coding sets of ordinals using canonical functions from ω1 to ω1. Combining this approach with arguments from, we show, assuming the Continuum Hypothesis, that for each cardinal κ there is a forcing construction preserving cardinalities and cofinalities forcing that every subset of κ is (...) an element of the inner model math formula. (shrink)

The forcing construction Pmax, invented by W. Hugh Woodin, produces a model whose collection of subsets of ω₁ is in some sense maximal. In this paper we study the Boolean algebra induced by the nonstationary ideal on ω₁ in this model. Among other things we show that the induced quotient does not have a simply definable form. We also prove several results about saturation properties of the ideal in this extension.

Heathcare spending, which was almost 13% of the gross national product last year, is estimated to jump to 14% in 1992. For the first time, hosital expenditures are projected to exceed $300 biilion, representing over 38% of the nation's total healthcare bill. In an effort to reduce federal and state budget deficits and to stimulate institutional cost containment, Medicare and Medicaid officials are becoming even more parsimonious in negotitation reimbursement levels.