Bill Bowring’s book attempts to argue for a Marxist account of international law that embraces it as a tool for progressive politics and revolutionary change. He argues it is necessary to give a substantive account of both, locating them in the real struggles of the oppressed. Specifically, he locates human rights in the three great revolutions ‐ the French, the Russian and the anticolonial. However, this revolutionary heritage has been ‘degraded’ by recent events. As such, it is necessary to adopt (...) ‘revolutionary conservatism’, invoking international law’s origins against its current degradation. This review argues that, owing to international law’s indeterminacy, Bowring’s project is susceptible to imperial appropriation. This means, however, that Bowring cannot give an account of why we should use international law. It then argues that Bowring’s account of Pashukanis is wrong, and that Pashukanis’s work can better make sense of Bowring’s insights and international law more generally. (shrink)

Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for the (...) self-creation requirement. Second, I argue that the self-creation requirement is so demanding that either it is an implausible requirement for a species of true moral responsibility that we take ourselves to have or it is a plausible requirement of a species of true moral responsibility that we have never taken ourselves to have. Third, I explain that Strawson overgeneralizes from instances of constitutive luck that obviously undermine moral responsibility to all kinds of constitutive luck. (shrink)

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities and (...) those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

It is almost unanimously accepted that Kant denies resultant moral luck—that is, he denies that the lucky consequence of a person’s action can affect how much praise or blame she deserves. Philosophers often point to the famous good will passage at the beginning of the Groundwork to justify this claim. I argue, however, that this passage does not support Kant’s denial of resultant moral luck. Subsequently, I argue that Kant allows agents to be morally responsible for certain kinds of lucky (...) consequences. Even so, I argue that it is unclear whether Kant ultimately endorses resultant moral luck. The reason is that Kant does not write enough on moral responsibility for consequences to determine definitively whether he thinks that the lucky consequence for which an agent is morally responsible can add to her degree of praiseworthiness or blameworthiness. The clear upshot, however, is that Kant does not deny resultant moral luck. (shrink)

Every account of moral responsibility has conditions that distinguish between the consequences, actions, or traits that warrant praise or blame and those that do not. One intuitive condition is that praiseworthiness and blameworthiness cannot be affected by luck, that is, by factors beyond the agent’s control. Several philosophers build their accounts of moral responsibility on this luck-free condition, and we may call their views Luck-Free Moral Responsibility (LFMR). I offer moral and metaphysical arguments against LFMR. First, I maintain that considerations (...) of fairness that often motivate LFMR do not require its adoption. Second, I contend that LFMR has counterintuitive implications for the nature and scope of praiseworthiness and blameworthiness and that LFMR is vulnerable to a reductio ad absurdum. Third, I state some common reasons for thinking that LFMR’s commitment to true counterfactuals of libertarian freedom is problematic, and I argue that if there are no such true counterfactuals and if LFMR is true, a person is praiseworthy and blameworthy at most for a tiny fraction of her actions. Fourth, I argue that proponents of LFMR cannot escape this skeptical cost by appealing to a different kind of counterfactual of freedom. Fifth, I develop an anti-skeptical motivation to affirm the idea that luck can affect moral responsibility. (shrink)

The problem of moral luck is that a general fact about luck and an intuitive moral principle jointly imply the following skeptical conclusion: human beings are morally responsible for at most a tiny fraction of each action. This skeptical conclusion threatens to undermine the claim that human beings deserve their respective eternal reward and punishment. But even if this restriction on moral responsibility is compatible with the doctrine of the final judgment, the quality of one’s afterlife within heaven or hell (...) still appears to be lucky. Utilizing recent responses to the problem of moral luck, I explore several Molinist accounts of the final judgment that resolve both theological problems of moral luck. Some of these accounts entirely eliminate moral luck while others ensure that the moral luck involved in the judgment is overall good luck. (DOWNLOAD the published version at the external link below.). (shrink)

John Henry Newman wrote the “Theses de Fide” in Rome as a seminary student in 1846/1847, and the text represents a key point in the development of his thought. Newman wrote the “Theses” in an attempt to grapple with scholastic categories on faith, a question that had occupied him in the Anglican Church for years. Although the “Theses” were not published in Newman’s life, he returned to these reflections often over the course of his Roman Catholic career. This edition and (...) partial translation of the “Theses de Fide” is to aid general readers in understanding this moment in Newman’s life, and to assist specialists in approaching the manuscript record of the “Theses” themselves. (shrink)

A Dialogue on Consciousness introduces readers to the debate about consciousness and physicalism, starting with its origins in Descartes, through a lively and entertaining dialogue between unemployed graduate students, who, secretly living in a university library, discuss major theories and quote passages from classic and contemporary texts in search of an answer.

We discuss two kinds of quotation, namely indirect quotation and pure quotation. With respect to each, we have both a negative and a positive plaint. The negative plaint is that the strict Davidsonian treatment of indirect and pure quotation cannot be correct. The positive plaint is an alternative account of how quotation of these two sorts works. /// Discutimos dos tipos de citas, a saber, citas indirectas y citas puras. Hacemos dos planteamientos, uno positivo y otro negativo, con respecto a (...) cada una. El negativo es que el tratamiento estrictamente davidsoniano de las citas indirectas y puras no puede ser correcto. El positivo consiste en dar una explicatión alternativa de cómo funcionan estos dos tipos de citas. (shrink)

Assuming that the reader accepts, albeit provisionally, that James's "will" to believe, early and late, implies that his ethics is traversed by a deontological streak, and by a "faith" which implies epistemic form on the relevant facts (both interpretations the writer argued for in two previous essays), a final feature of his position entitles one to interpret his "will" to believe as, not merely a willingness or readiness, but as a controlling resolve, in the strong sense, to interpret the facts (...) in a manner appropriate to our living in the "strenuous mood," a mood which is congruent to our universe viewed as "moral." Consider, as a crucial instance, the will to believe which undergirds the "keeping" of a friendship. (shrink)

The evolutionary origin of human pair-bonds is uncertain. One hypothesis, supported by data from forgers, suggests that pair-bonds function to provision mothers and dependent offspring during lactation. Similarly, public health data from large-scale industrial societies indicate that single mothers tend to wean their children earlier than do women living with a mate. Here we examine relations between pair-bond stability, alloparenting, and cross-cultural trends in breastfeeding using data from 58 “traditional” societies in the Standard Cross-Cultural Sample (SCCS). Analyses show that stable (...) conjugal relationships were associated with significantly later weaning among the societies in the SCCS. The relationship between pair-bond stability and age at weaning was not mediated by women’s ability to provision themselves or women’s kin support. Availability of alloparental care was also inversely related to age at weaning, and the association was not significantly reduced after controlling for frequency of divorce. This study indicates that among a woman’s kin relationships, a pair-bond with a child’s father is especially supportive of breastfeeding. These cross-cultural findings are further evidence that human pair-bonds may have evolved to support lactation. (shrink)

All international codes of research ethics and virtually all national legislation and regulation in the field of research involving human subjects project an attitude of protectionism. Written with the aim of avoiding a repetition of atrocities like those committed by the Nazi physician-researchers, calamities like the thalidomide experience, or ethical violations like those of the Tuskegee syphilis study, their dominant concerns are the protection of individuals from injury and from exploitation. In recent years, however, society's perception of clinical research has (...) shifted dramatically. Now, largely as a consequence of the efforts of the AIDS activists, clinical research is widely perceived as benign and beneficial. Although this shift in attitude has resulted in some important improvements in research policies and practices, this new perception is just as wrong-headed as was the earlier excessive protectionism. It is necessary to maintain a balanced perspective; our policies should encourage the conduct of ethical research while maintaining the vigilance necessary to safeguard the rights and welfare of the subjects. (shrink)

Three public opinion studies examined public attitudes toward prevalence reduction (PR; reducing the number of people engaging in an activity) and harm reduction (HR; reducing the harm associated with an activity) across a wide variety of domains. Studies 1 and 2 were telephone surveys of California adults’ views on PR and HR strategies for a wide range of risk domains (heroin, alcoholism, tobacco, skateboarding, teen sex, illegal immigration, air pollution, and fast food). “Moral outrage” items (immoral, disgusting, irresponsible, dangerous) predicted (...) preference for PR over HR, with disgust the most important predictor. In contrast, preferences were not predicted by whether the risk behavior was common, no one else’s business, or harmless. Study 3 explored whether there are domains where liberals might reject HR. A sample of liberal students preferred HR > PR for heroin, but PR > HR for ritual female circumcision; path analysis suggested that this reversal was explained by moral outrage rather than consequentialist judgments of harm to self and harm to others. (shrink)

The weeks-long rioting and the destruction of property were more than just a hyper reaction to apparent racial discrimination in 2020. We might interpret this anti-social and criminal behavior as having its origin with an envy and resentment over things material. We were warned about this misuse of our freedom more than forty years ago by Aleksandr Solzhenitsyn. Finding our way back from a materialist-saturated vision of the good life depends on taking up a Christian humanism which was championed by (...) Pope Saint John Paul II. We see that Christian humanism expressed vividly in family life. (shrink)

William James' lecture on "The Will to Believe" has kindled spirited controversy. In this reappraisal of that controversy, Father O'Connell contributes some : that James' argument should be viewed against his indebtedness to Pascal and Renouvier; that it works primarily to validate our "over-beliefs" ; and most surprising perhaps, that James envisages our "passional nature" as intervening, not after, but before and throughout, our intellectual weighing of the evidence for belief. --From publisher's description.

138 titles across a wide range of scholarly publications illustrate the conceptual affinities that connect the palaetiological sciences of biological systematics, historical linguistics, and stemmatics. These three fields all have as their central objective the reconstruction of evolutionary "trees of history" that depict phylogenetic patterns of descent with modification among species, languages, and manuscripts. All three fields flourished in the nineteenth century, underwent parallel periods of quiescence in the early twentieth century, and in recent decades have seen widespread parallel revivals. (...) "Tree thinking" (O'Hara, 1988) is now standard within evolutionary biology, and the unity of what William Whewell called palaetiology is being once again appreciated by scholars and scientists in many fields. (shrink)

Professional historians of science generally recognize the importance of Lavoisier's theory of heat. However, it commonly receives scant attention in the historical treatment of his chemical theories except perhaps as an example illustrating his conservatism and giving the impression that the caloric theory, although perhaps important in the development of ideas on the nature of heat, is independent of and bears little relationship to his general chemistry or is incidental to an understanding of that chemistry. An examination of Lavoisier's writings (...) suggests that the caloric theory is not merely a milestone in the development of physics; and rather than an omittable appendage, his concept of heat forms an integral part of his chemical system and plays a central, necessary role in his oxidation theory in particular. The purpose of this paper is to give a general description of Lavoisier's ideas on the nature and action of heat, the origin of these ideas, their development, and their relation to his general chemistry, pointing out his conservatism as well as his innovations. (shrink)

Patterns of human kinship commonly involve preferential treatment of relatives based on lineal descent (lineages) rather than degree of genetic relatedness (kindreds), presenting a challenge for inclusive fitness theory. Here, we examine effects of lineage and kindred characteristics on reproductive success (RS) and number of grandchildren for 130 men and 124 women in a horticultural community on Dominica. Kindreds had little effect on fitness independently of lineage characteristics. Fitness increased with the number of lineal relatives residing in the community but (...) decreased beyond an apparently optimal lineage size, suggesting resource enhancement and competition among kin. Female-biased patrilineage sex ratio was positively associated with men’s fitness, while male-biased matrilineage sex ratio was positively associated with women’s fitness. Number of brothers in the community was negatively associated with men’s, but not women’s, fitness. Parents and number of sisters had no effect on either male or female reproduction; however, women with younger sisters had higher RS, suggesting benefits of kin support for childcare. In sum, imposed norms for lineage social organization may enhance lineal ancestors’ inclusive fitness at a cost to individual inclusive fitness. (shrink)

Along with national data, this book uses two detailed questionnaires which were administered to older Americans in Allegany County, New York in 1983 and 1987 as the basis for exploring the public lives of rural older Americans. The authors discuss the factors that shape the political views and behavior of the rural elderly, consulting social, economic, health and nutritional variables.

This is a much-needed development from the first edition that provides an update on the theory and research on love by world-renowned scientific experts. It explores love from a diverse range of standpoints: social-psychological, evolutionary, neuropsychological, clinical, cultural, and even political. It considers questions such as: how men and women differ in their love, what makes us susceptible to jealousy and envy in relationships, how love differs across various cultures? As the neuropsychological basis of love is examined, this study showcases (...) what attracts people to one another, why love has developed the way it has over time, and what evolutionary purpose it serves. It also analyses why and when love relationships both succeed and fail, which means readers will be rewarded with a better understanding of their own relationships and those of others, as well as what can be done to build a lasting, loving relationship. (shrink)

Dr. Myers challenges the legitimacy of the traditional concept of the "just war," revived during the Vietnam War and with the publication of Michael Walzer's Just and Unjust Wars in 1977.

A HISTORY OF WESTERN PHILOSOPHY examines the nature of philosophical enterprise and philosophy's role in Western culture. Jones and Fogelin weave key passages from classic philosophy works into their comments and criticisms, giving A HISTORY OF WESTERN PHILOSOPHY the combined advantages of a source book and textbook. The text concentrates on major figures in each historical period, combining exposition with direct quotations from the philosophers themselves. The text places philosophers in appropriate cultural context and shows how their theories reflect the (...) concerns of their times. (shrink)

As mechanical restraints have never been proven effective in clinical practice, they should not be used routinely. They should be considered a non‐validated therapy requiring consent.

This Essay examines the elegantly simple idea that consent to medical treatment or participation in human research must be “informed” to be valid. It does so by using as a case study the controversial clinical research trial known as the Surfactant, Positive Pressure, and Oxygenation Randomized Trial. The Essay begins by charting, through case law and the adoption of the common rule, the evolution of duties to secure fully informed consent in both research and treatment. The Essay then utilizes the (...) SUPPORT study, which sought to pinpoint the level of saturated oxygen that should be provided to extremely low birth weight infants to demonstrate modern complexities and shortcomings of the duty to secure informed consent. This Essay shows how the duty is measured by foreseeability of risks and benefits in human research and why federal regulators believed the tradeoffs in risk and benefits from differing oxygen levels administered in the support study were foreseeable. It then explores the contours of the duty to secure informed consent when applied to researchers who also serve as treating physicians, highlighting how common law duties differ in jurisdictions that apply the professional standard and those that apply the patient-centered material risk standard. This Essay provides new insight into what the law must do to make real the notion that [e]very human being of adult years and sound mind has a right to determine what shall be done with his body.”. (shrink)

This volume comprises systematic as well as historical essays, including contributions intended to give comprehensive overviews of such areas as genetic phenomenology, transcendental phenomenology, philosophy and history of logic and mathematics, Kant, hermeneutics, Hegel, and philosophy of language. The book is addressed to phenomenologists, particularly those who are interested in some or all of the areas mentioned. In his introduction Joseph J. Kockelmans indicates that these diverse areas enter into dialogue in the work of Thomas M. Seebohm, whom the editors (...) and authors wish to honor, and the systematic papers mirror the state of the art of research in the above-mentioned disciplines. (shrink)