Several legal scholars have recently argued that U.S. tort law’s physical-emotional distinction commits tort to the objectionable position of mind-body dualism, but they have not considered the distinction’s role as an aid to judicial cognition and decision-making. Drawing primarily on the law of negligent infliction of emotional distress, this essay argues that tort’s physical-emotional distinction is not a relic of mind-body dualism but a heuristic that judges have used to structure and simplify the difficult but unavoidable task of drawing lines (...) between legally cognizable and non-cognizable harm. The analysis has at least three normative implications: (1) users of tort’s physical-emotional distinction should clarify that they neither endorse dualism nor depreciate emotional harm; (2) because judicial expertise may not extend to the task of drawing lines between legally cognizable and non-cognizable harm, judicial performance in this area may be more adequate than critics suggest; and (3) although it may not be possible to determine the optimal way of drawing lines between legally cognizable and non-cognizable emotional harm, moral-philosophical tools such as Rawlsian and Scanlonian contractualism may be able to identify partial or pro tanto considerations for choosing among different ways of doing so. (shrink)

Priority-setting policy-makers often face moral and political pressure to balance the conflicting motivations of efficiency and rescue/non-abandonment. Using the conflict between these motivations as a case study can enrich the understanding of institutional design in developed democracies. This essay presents a cognitive-psychological account of the conflict between efficiency and rescue/non-abandonment in health care priority-setting. It then describes three sets of institutional arrangements—in Australia, England/Wales, and Germany, respectively—that contend with this conflict in interestingly different ways. The analysis yields at least three (...) implications for institutional design in developed democracies: (1) indeterminacy at the level of moral psychology can increase the probability of indeterminacy at the level of institutional design; (2) situational constraints in effect require priority-setting policy-makers to adopt normative-moral pluralism; and (3) the U.S. health care system may be in an anti-priority-setting equilibrium. (shrink)

This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and (...) makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would imply for substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of relations between state and society founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology. (shrink)

This book argues against the view that mathematical knowledge is a priori,contending that mathematics is an empirical science and develops historically,just as ...

"The overall aim of this book is to understand the character of moral progress, so that making moral progress may become more systematic and secure, less chancy and less bloody. Drawing on three historical examples - the abolition of chattel slavery, the expansion of opportunities for women, and the increasing acceptance of same-sex love - it asks how those changes were brought about, and seeks a methodology for streamlining the kinds of developments that occurred. Moral progress is conceived as pragmatic (...) progress, progress from rather than progress to, achieved by overcoming the problems and limits of the current situation. Two kinds of problems are distinguished: problems of exclusion, found when the complaints of some people are ignored; and problems of false consciousness, present when the oppressed adopt judgments from the ambient society and do not protest their condition. The proposed methodology advocates procedures for listening to voiced complaints and for systematically reviewing the way in which particular self-conceptions, ideals and identities are taken to be appropriate for various groups of people. Through outlining a picture of moral practice, at both the individual and the societal levels, the book seeks to orient moral philosophy away from metaethical questions of realism and towards moral methodology"--. (shrink)

This innovative approach to freedom starts from an account of what we mean by describing someone, in a psychological vein, as a free subject. Pettit develops an argument as to what it is that makes someone free in that basic sense; and then goes on to derive the implications of the approach for issues of freedom in political theory. Freedom in the subject is equated with the person's being fit to be held responsible and to be authorized as a partner (...) in interaction. This book is unique among contemporary approaches - although it is true to the spirit of classical writers like Hobbes and Kant - in seeking a theory that applies to psychological issues of free agency and free will as well as to political issues in the theory of the free state and the free constitution. The driving thesis is that it is only by connecting up the different issues of freedom, psychological and political, that we can fully appreciate the nature of the questions involved, and the requirements for their resolution. The book does not not seek a comprehensive reach just for its own sake, but rather for the sake of the illumination it provides._ _ _A Theory of Freedom_ is a ground-breaking volume which will be of wide interest to scholars and students in political philosophy and political science. (shrink)

Studdert-Kennedy, Gerald, Evidence and Explanation in Social Science. ... Kauffman, Stuart, "Articulation of Parts Explanation in Biology and the Rational ...

This book presents views of the concept of intention and its relationship to communication from three perspectives: philosphy, linguistics, and artificial intelligence. The book is a record of a workshop held in 1987.

What are the strengths and weaknesses of contemporary philosophy of technology, and how may the field be developed and improved in the future? That is the question I will address in this paper. I will argue that in the past twenty-five years, philosophy of technology has entered a new era. This era has arrived with new and distinct issues and approaches that differ from those that came before it. Many of the new developments have been for the good. Yet, I (...) will also argue, there are still large areas in the field that are currently underdeveloped or have been stagnant. I will identify these areas and suggest ways of moving forward in them. (shrink)

Cognitive science is shamelessly materialistic. It maintains that human beings are nothing more than complex physical systems, ultimately and completely explicable in mechanistic terms. But this conception of humanity does not ?t well with common sense. To think of the creatures we spend much of our day loving, hating, admiring, resenting, comparing ourselves to, trying to understand, blaming, and thanking -- to think of them as mere mechanisms seems at best counterintuitive and unhelpful. More often it may strike us as (...) ludicrous, or even abhorrent. We are. (shrink)

This paper explores the truism that people think about what they say. It proposes that, to satisfy their own goals, people often plan their speech acts to affect their listeners' beliefs, goals, and emotional states. Such language use can be modelled by viewing speech acts as operators in a planning system, thus allowing both physical and speech acts to be integrated into plans. Methodological issues of how speech acts should be defined in a planbased theory are illustrated by defining operators (...) for requesting and informing. Plans containing those operators are presented and comparisons are drawn with Searle's formulation. The operators are shown to be inadequate since they cannot be composed to form questions (requests to inform) and multiparty requests (requests to request). By refining the operator definitions and by identifying some of the side effects of requesting, compositional adequacy is achieved.The solution leads to a metatheoretical principle for modelling speech acts as planning operators. (shrink)

This paper develops a philosophical account of moral disruption. According to Robert Baker (2013), moral disruption is a process in which technological innovations undermine established moral norms without clearly leading to a new set of norms. Here I analyze this process in terms of moral uncertainty, formulating a philosophical account with two variants. On the Harm Account, such uncertainty is always harmful because it blocks our knowledge of our own and others’ moral obligations. On the Qualified Harm Account, there is (...) no harm in cases where moral uncertainty is related to innovation that is “for the best” in historical perspective, or where uncertainty is the expression of a deliberative virtue. The two accounts are compared by applying them to Baker’s historical case of the introduction of mechanical ventilation and organ transplantation technologies, as well as the present-day case of mass data practices in the health domain. (shrink)

This paper defends the view that trust is a moral attitude, by putting forward the Obligation-Ascription Thesis: If E trusts F to do X, this implies that E ascribes an obligation to F to do X. I explicate the idea of obligation-ascription in terms of requirement and the appropriateness of blame. Then, drawing a distinction between attitude and ground, I argue that this account of the attitude of trust is compatible with the possibility of amoral trust, that is, trust held (...) among amoral persons on the basis of amoral grounds. It is also compatible with trust adopted on purely predictive grounds. Then, defending the thesis against a challenge of motivational inefficacy, I argue that obligation-ascription can motivate people to act even in the absence of definite, mutually-known agreements. I end by explaining, briefly, the advantages of this sort of moral account of trust over a view based on reactive attitudes such as resentment. (shrink)

A point of contention in recent discussions of the epistemic condition of moral responsibility is whether culpable ignorance must trace to akratic belief mismanagement. Neil Levy has recently defended an akrasia requirement by arguing that only an akratic agent has the capacity rationally to comply with epistemic expectations the violation of which contributes to her ignorance. In this paper I show that Levy’s argument is unsound. It is possible to have the relevant rational capacity in the absence of akrasia. I (...) also argue that the internalist account of rationality that does much of the work in his argument is problematic. (shrink)

As an alternative to establishing awareness thresholds, stimulus contexts in which there were either greater conscious or greater unconscious influences were defined on the basis of performance on an exclusion task. Target words were presented for brief durations and each target word was followed immediately by its three-letter stem. Subjects were instructed to complete each stem with any word other than the target word. With this task, failures to exclude target words indicate greater unconscious influences, whereas successful exclusion indicates greater (...) conscious influences. Conscious influences were dominant at long durations , but unconscious influences were dominant at short durations . Performance on the exclusion task successfully predicated both qualitative differences in Stroop priming and qualitative differences in recognition memory previously associated with the different effects of conscious and unconscious influences. Taken together, these results demonstrate that an exclusion task allows both unconscious and conscious influences to be defined in terms of significant deviations from baseline performance. As such, exclusion tasks provide a method for distinguishing conscious from unconscious influences that does not require establishing thresholds for null awareness. (shrink)

The property theory of musical works says that each musical work is a property that is instantiated by its occurrences, that is, the work's performances and playings. The property theory provides ontological explanations very similar to those given by its popular cousin, the type/token theory of musical works, but it is both simpler and stronger. However, type/token theorists often dismiss the property theory. In this essay, I formulate a version of the property theory that identifies each type (thus, each musical (...) work) with a unique property. I then scrutinize the arguments offered for thinking that types, including musical works, are distinct from properties. I respond that no such argument is forceful and conclude that the property theory of musical works is superior to the type/token theory. (shrink)

It is a priori on many accounts of colour concepts that something is red if and only if it is such that it would look red to normal observers in normal circumstances: it is such that it would look red, as we can say, under normal conditions of observation. And as this sort of formula is widely applied to colour concepts, so similar schemas are commonly defended in relation to a variety of other concepts too. Not only are colour concepts (...) connected in such a fashion with human responses, so by many accounts are secondary quality concepts in general; aesthetic concepts, moral concepts and evaluative concepts of all kinds; modal concepts that serve to pick out the possible and the necessary; and so on. The fashion for resorting to such formulas should not be surprising. Most of us suppose that whether a given, ostensively introduced term has a certain semantic value – whether, for example, it designates a certain property – ought to show up in people’s tending to use it of things, and only of things, that apparently have that property. The obvious way of expressing this expectation is to require that the use of the ostensive term covary with the presence of the property in conditions that are normal in some sense for detecting that property. Thus there is prima facie reason to hold, and hold as an a priori matter, that for any ostensively introduced term, ‘P’, something is P if and only if it is such that it would seem P – people would be disposed to use ‘P’ to ascribe the corresponding property to it – under normal conditions of observation. The schemas invoked under this motivation may vary in many different ways, of course. First, they may not connect the bare or simple reality of being P with a normalised human response, as Philosophical Studies 96: 21–44, 1999. © 1999 Kluwer Academic Publishers. Printed in the Netherlands. 22. (shrink)

Imagine a human society, perhaps in pre-history, in which people were generally of a psychological kind with us, had the use of natural language to communicate with one another, but did not have any properly moral concepts in which to exhort one another to meet certain standards and to lodge related claims and complaints. According to The Birth of Ethics, the members of that society would have faced a set of pressures, and made a series of adjustments in response, sufficient (...) to put them within reach of ethical concepts. Without any planning, they would have more or less inevitably evolved a way of using such concepts to articulate desirable patterns of behavior and to hold themselves and one another responsible to those standards. Sooner or later, they would have entered ethical space. While this central claim is developed as a thesis in conjectural history or genealogy, the aim of the exercise is philosophical. Assuming that it explains the emergence of concepts and practices that are more or less equivalent to ours, the story offers us an account of the nature and role of morality. It directs us to the function that ethics plays in human life and alerts us to the character in virtue of which it can serve that function. The emerging view of morality has implications for the standard range of questions in meta-ethics and moral psychology, and enables us to understand why there are divisions in normative ethics like that between consequentialist and Kantian approaches. (shrink)

This paper reviews the history of psychological investigations of unconscious perception and summarizes the current status of experimental research in this area of investigation. The research findings described in the paper illustrate how it is possible to distinguish experimentally between conscious and unconscious perception. The most successful experimental strategy has been to show that a stimulus can have qualitatively different consequences on cognitive and affective reactions depending on whether it was consciously or unconsciously perceived. In addition, recent studies of patients (...) undergoing general anaesthesia have shown that the effects of stimuli perceived unconsciously during surgery can last for approximately 24 hours. Taken together, the results of these recent psychological investigations provide empirical support for the importance of unconsciously perceived information in determining cognitive and affective reactions. (shrink)

Technological advances in veterinary medicine have produced considerable progress in the diagnosis and treatment of numerous diseases in animals. At the same time, veterinarians, veterinary technicians, and owners of animals face increasingly complex situations that raise questions about goals of care and correct or reasonable courses of action. These dilemmas are frequently controversial and can generate conflicts between clients and health care providers. In many ways they resemble the ethical challenges confronted by human medicine and that spawned the creation of (...) clinical ethics committees as a mechanism to analyze, discuss, and resolve disagreements. The staff of the North Carolina State University Veterinary Hospital, a specialty academic teaching institution, wanted to investigate whether similar success could be achieved in the tertiary care veterinary setting. We discuss the background and rationale for this method, as well as the approach that was taken to create a clinical ethics committee. (shrink)

This paper offers a definition of social holism that makes the doctrine non-trivial but possibly true. According to that definition, the social holist maintains that people depend non-causally on interaction with one another for possession of the capacity to think; the thesis is meant to be a contingent truth but one, like physicalism, that is plausible in the light of some a priori argument and some plausible empirical assumptions. The paper also sketches an argument in support of social holism, which (...) connects with themes in a number of traditions, philosophical and sociological. The key idea is that people depend on socially shared dispositions and responses for the ability to identify - identify fallibly - the properties and other entities that they consider in each individual has to the course of thinking. (shrink)

For many years a debate has raged over what constitutes futile medical care, if patients have a right to demand what doctors label as futile, and whether physicians should be obliged to provide treatments that they think are inappropriate. More recently, the argument has shifted away from the difficult project of definitions, to outlining institutional policies and procedures that take a measured and patient-by-patient approach to deciding if an existing or desired intervention is futile. The prototype is the Texas Advance (...) Directives Act, but similar procedures have been widely implemented both with and without the protection of the law. While this method has much to recommend it, there are inherent moral flaws that have not received as much discussion as warranted. Because these strategies adopt a semblance of procedural justice, it is assumed that the outcomes of such proceedings will be both correct and fair. In this paper, I argue that there are three main irremediable defects in the policy approach: there is the potential for arbitrary decision-making about futility in specific cases; there are structural, pre-ordained consequences for ethnic minorities who would be disproportionately affected by the use of these procedures; and the use of rationing justifications to support the use of these policies. These flaws detract so much from any benefit that could be derived that they make such strategies more harmful than helpful. (shrink)

To counter the imbalance in vaccine distribution during the COVID-19 pandemic, Albertsen and more recently Germaniet alhave suggested a new system of taxation coined as ‘VaxTax’ that would force higher-income countries to fund the access of low-income and middle-income countries (LMICs) to new vaccines in times of pandemic. I will argue that this idea faces numerous challenges of ethical, sociopolitical and economical nature that may hinder any effort to solve the numerous health challenges that LMICs face. I argue that while (...) it is an interesting idea, it is neither sufficient nor will it ever be easily implemented because of socioeconomic or practical reasons. (shrink)

People sometimes think they have reasons for action. On a certain naive view, what makes them true is a connection between the action and the agent’s good life. In a recent article, David Velleman argues for replacing this view with a more Kantian line, on which reasons are reasons in virtue of their connection with autonomy. The aim in what follows is to defend the naive view. I shall first raise some problems for Velleman's proposal and then fend off the (...) objection that serves as his rationale for braving the depths of Kantianism. (shrink)

The recent debates about the nature of social freedom, understood in a broadly negative way, have generated three main views of the topic: these represent freedom respectively as non-limitation, non-interference and non-domination. The participants in these debates often go different ways, however, because they address different topics under common names, not because they hold different intuitions on common topics. Social freedom is sometimes understood as option-freedom, sometimes as agency-freedom and the different directions taken by the theories can often be explained (...) by their addressing freedom in one sense, then in another. The non-limitation approach focuses primarily on option-freedom, the non-domination approach on agencyfreedom, whereas the representation of freedom as non-interference seems to spring from a failure to resolve the focus decisively on one target or another. (shrink)

Sometimes ignorance is an excuse. If an agent did not know and could not have known that her action would realize some bad outcome, then it is plausible to maintain that she is not to blame for realizing that outcome, even when the act that leads to this outcome is wrong. This general thought can be brought to bear in the context of climate change insofar as we think (a) that the actions of individual agents play some role in realizing (...) climate harms and (b) that these actions are apt targets for being considered right or wrong. Are agents who are ignorant about climate change and the way their actions contribute to it excused because of their ignorance, or is their ignorance culpable? In this paper I examine these questions from the perspective of recent developments in the theories of responsibility for ignorant action and characterize their verdicts. After developing some objections to existing attempts to explore these questions, I characterize two influential theories of moral responsibility and discuss their implications for three different types of ignorance about climate change. I conclude with some recommendations for how we should react to the face of the theories' conflicting verdicts. The answer to the question posed in the title, then, is: "Well, it's complicated.". (shrink)

Russellianism is the view that the meaning of a proper name is the individual designated by the name. Together with other plausible assumptions, Russellianism entails the following: Sentences containing proper names express Russellian propositions, which involve the individual designated by the name as a direct constituent, and which can be represented as sets of individuals and properties. Moreover, as they occur in ordinary belief reports, ‘that’-clauses designate Russellian propositions. Such belief reports are true if and only if the subject of (...) the belief report bears the belief relation to the proposition designated by the ‘that’-clause. In defending this doctrine, some Russellians appeal to propositional guises, which, roughly speaking, are ways of grasping propositions. However, some Russellians don’t appeal to such entities. In this paper, I explain the varieties of Russellianism and then argue for Modest Russellianism: Believing a Russellian proposition is essentially mediated by guises, so that an agent can’t believe a Russellian proposition without standing in some appropriate relation to both the proposition and a guise. Nonetheless, guises don’t feature in the semantics of ordinary belief reports, so that an adequate account of the meaning of such belief reports needn’t invoke guises. (shrink)

This paper analyzes epistemological and ontological dimensions of Human-Computer Interaction (HCI) through an analysis of the functions of computer systems in relation to their users. It is argued that the primary relation between humans and computer systems has historically been epistemic: computers are used as information-processing and problem-solving tools that extend human cognition, thereby creating hybrid cognitive systems consisting of a human processor and an artificial processor that process information in tandem. In this role, computer systems extend human cognition. Next, (...) it is argued that in recent years, the epistemic relation between humans and computers has been supplemented by an ontic relation. Current computer systems are able to simulate virtual and social environments that extend the interactive possibilities found in the physical environment. This type of relationship is primarily ontic, and extends to objects and places that have a virtual ontology. Increasingly, computers are not just information devices, but portals to worlds that we inhabit. The aforementioned epistemic and ontic relationships are unique to information technology and distinguish human-computer relationships from other human-technology relationships. (shrink)