Paradox and origin : on the structure of legal communication -- History, law and hermeneutic self-reference -- Self-mastery and the conversion of force : an ethics of freedom -- The social metaphysics of law : Vico's communicative body and the paradoxical grounding of freedom and authority -- The creative formation and foundation of society's law : on the nature of poetic wisdom -- Between freedom and authority : Vico's history of roman law -- The technique of command : on the (...) problem of freedom in Weber's sociology of law. (shrink)

Her careful building of positions, her unique approaches to analyzing problems, and her excellent insights make this an important work for feminists, those ...

l argue that, contra Chalmers,a skeptical scenario involving deception is a genuine possibility,even if he is correct that simulations are real. I call this new skeptical position “Illusory World Skepticism.” Illusory World Skepticism draws from the simulation argument,together with work in physics,astrobiology, and AI,to argue that we may indeed be in an illusory world—a universe scale simulation orchestrated by a deceptive AI—the technophilosopher’s ultimate evil demon. In Section One I urge that Illusory World Skepticism is a bone fide skeptical possibility. (...) In Section Two, I explore features of quantum computation. Then, in Sections Three and Four, I draw from the discussion of quantum computation and assume that the simulation argument is correct,applying considerations from the fields of astrobiology and AI safety to illustrate that illusory world skepticism constitutes what I call “a serious epistemic threat”, a scenario that cannot be dismissed as requiring that knowledge is certainty or which seems to just depict a remote, fictional situation. (shrink)

As the English word “scientism” is currently used, it is a trivial verbal truth that scientism—an inappropriately deferential attitude to science—should be avoided. But it is a substantial question when, and why, deference to the sciences is inappropriate or exaggerated. This paper tries to answer that question by articulating “six signs of scientism”: the honorific use of “science” and its cognates; using scientific trappings purely decoratively; preoccupation with demarcation; preoccupation with “scientific method”; looking to the sciences for answers beyond their (...) scope; denying the legitimacy or worth of non-scientific (e.g., legal or literary) inquiry, or of writing poetry or making art. (shrink)

I ARGUE THAT WE RECEIVE PLEASURE FROM TRAGEDIES BECAUSE WE ARE PLEASED TO FIND OURSELVES RESPONDING IN AN UNPLEASANT WAY TO HUMAN SUFFERING AND INJUSTICE. THE PLEASURE IS THUS A METARESPONSE, AND REFLECTS FEELINGS WHICH ARE AT THE BASIS OF MORALITY. THIS HELPS EXPLAIN WHY TRAGEDY IS SUPPOSED TO BE A HIGHER ART FORM THAN COMEDY, AND PROVIDES A NEW WAY OF SEEING THE RELATIONSHIP BETWEEN THE MORALITY OF AN ARTWORK AND ITS VALUE.

We need a feminist theory of disability, both because 16 percent of women are disabled, and because the oppression of disabled people is closely linked to the cultural oppression of the body. Disability is not a biological given; like gender, it is socially constructed from biologically reality. Our culture idealizes the body and demands that we control it. Thus, although most people will be disabled at some time in their lives, the disabled are made "the other," who symbolize failure of (...) control and the threat of pain, limitation, dependency, and death. If disabled people and their knowledge were fully integrated into society, everyone's relation to her/his real body would be liberated. (shrink)

While information technologies present organizations with opportunities to become more competitive, unsettled social norms and lagging legislation guiding the use of these technologies present organizations and individuals with ethical dilemmas. This paper presents two studies investigating the relationship between intellectual property and privacy attitudes, Machiavellianism and Ethical Ideology, and working in R&D and computer literacy in the form of programming experience. In Study 1, Machiavellians believed it was more acceptable to ignore the intellectual property and privacy rights of others. Programmers (...) and R&D workers considered violating intellectual property rights more acceptable. Programmers did not consider violating privacy rights more acceptable, but R&D workers did. Finally, there was an interaction between Machiavellianism, programming and R&D. Machiavellians who also had programming experience or worked in R&D found violations of intellectual property much more acceptable. The effect of Machiavellianism on attitudes toward violations of privacy was enhanced by working in R&D, but not by programming experience. In Study 2, idealists believed it was less acceptable to ignore the intellectual property and privacy rights of others. Relativists found it more acceptable to violate intellectual property rights, though they did not consider it more acceptable to violate privacy rights. Those with programming experience were more accepting of intellectual property rights violations, but not of privacy violations. Finally, programming experience moderated the relationship between idealism, relativism and attitudes toward these unethical information practices. Implications for diminishing unethical behavior among Machiavellians, Relativists, programmers and those in R&D are discussed. (shrink)

I argue that property dualists cannot hold that minds are physical substances. The focus of my discussion is a property dualism that takes qualia to be sui generis features of reality.

The manifest dissociation between our capacity to make moral judgments and our ability to provide justifications for them, a phenomenon labeled Moral Dumbfounding, has important implications for the theory and practice of moral psychology. I articulate and develop the Linguistic Analogy as a robust alternative to existing sentimentalist models of moral judgment inspired by this phenomenon. The Linguistic Analogy motivates a crucial distinction between moral acceptability and moral permissibility judgments, and thereby calls into question prevailing methods used in the study (...) of moral judgment. Indeed, the judgments that are the focus of most current empirical work in moral psychology are not proper targets of scientific study. (shrink)

_A surprising, sweeping, and deeply researched history of empathy—from late-nineteenth-century German aesthetics to mirror neurons_ _Empathy: A History_ tells the fascinating and largely unknown story of the first appearance of “empathy” in 1908 and tracks its shifting meanings over the following century. Despite empathy’s ubiquity today, few realize that it began as a translation of _Einfühlung _or “in-feeling” in German psychological aesthetics that described how spectators projected their own feelings and movements into objects of art and nature. Remarkably, this early (...) conception of empathy transformed into its opposite over the ensuing decades. Social scientists and clinical psychologists refashioned empathy to require the deliberate putting aside of one’s feelings to more accurately understand another’s. By the end of World War II, interpersonal empathy entered the mainstream, appearing in advice columns, popular radio and TV, and later in public forums on civil rights. Even as neuroscientists continue to map the brain correlates of empathy, its many dimensions still elude strict scientific description. This meticulously researched book uncovers empathy’s historical layers, offering a rich portrait of the tension between the reach of one’s own imagination and the realities of others’ experiences. (shrink)

The debate between impartialists and their critics has dominated both moral and political philosophy for over a decade. Characteristically, impartialists argue that any sensible form of impartialism can accommodate the partial concerns we have for others. By contrast, partialists deny that this is so. They see the division as one which runs exceedingly deep and argue that, at the limit, impartialist thinking requires that we marginalise those concerns and commitments that make our lives meaningful. This book attempts to show both (...) that the dispute between impartialists and their critics runs very deep, and that it can nonetheless be resolved. The resolution begins by asking how impartialist political philosophy can defend the priority of justice when it conflicts with people's commitments to their conceptions of the good. It is argued that priority can only defended if political impartialism has a moral foundation, and that moral foundation must not be a foundation in the ideal of equality (as is often thought), but a foundation in the partial concerns we have for others. In short, impartialist moral philosophy must take our partial concerns as central if it is to gain allegiance. However, if it does take our partial concerns as central, then it can generate a defence of political impartialism which shows why justice must take priority, but which also acknowledges that pluralism about the good is permanent. (shrink)

This paper argues that the various approaches to ethics that bioethicists rely on are not adequate to provide effective moral guidance in how to avoid a series of looming human catastrophes (associated with such threats as environmental degradation, war, extreme poverty, and pandemics). It proposes development of a new approach to ethics, dubbed public ethics, that simultaneously investigates moral responsibilities at multiple levels of human organization from the individual to international bodies. It argues that feminist relational theory can provide guidance (...) to development of this new type of ethics, and it warns against obstacles bioethicists face in its pursuit. (shrink)

Organizations are increasingly embedded with consultants and other non-employees who have the opportunity to engage in wrongdoing. However, research exploring the reporting intentions of employees regarding the discovery of wrongdoing by consultants is scant. It is important to examine reporting intentions in this setting given the enhanced presence of consultants in organizations and the fact that wrongdoing by consultants changes a key characteristic of the wrongdoing. Using an experimental approach, the current paper reports the results of a study examining employees' (...) reporting intentions subsequent to their discovery of wrongdoing by a consultant. The results of the study indicate that perceptions about the seriousness of a wrongdoing, personal costs and personal responsibility related to reporting a wrongdoing, and moral-equity judgments are significantly associated with reporting intentions for a normal reporting channel. Only perceptions of seriousness and personal costs are significantly associated for an anonymous reporting channel. Lastly, while personal costs for the anonymous reporting channel were lower than the normal reporting channel, reporting intentions were similar across the two channels. (shrink)

We propose that the generalizations of linguistic theory serve to ascribe beliefs to humans. Ordinary speakers would explicitly (and sincerely) deny having these rather esoteric beliefs about language--e.g., the belief that an anaphor must be bound in its governing category. Such ascriptions can also seem problematic in light of certain theoretical considerations having to do with concept possession, revisability, and so on. Nonetheless, we argue that ordinary speakers believe the propositions expressed by certain sentences of linguistic theory, and that linguistics (...) can therefore teach us something about belief as well as language. Rather than insisting that ordinary speakers lack the linguistic beliefs in question, philosophers should try to show how these empirically motivated belief ascriptions can be correct. We argue that Stalnaker's (1984) "pragmatic" account--according to which beliefs are dispositions, and propositions are sets of possible worlds--does just this. Moreover, our construal of explanation in linguistics motivates (and helps provide) responses to two difficulties for the pragmatic account of belief: the phenomenon of opacity, and the so-called problem of deduction. (shrink)

Quine's naturalized epistemology is ambivalent between a modest naturalism according to which epistemology is an a posteriori discipline, an integral part of the web of empirical belief, and a scientistic naturalism according to which epistemology is to be conducted wholly within the natural sciences. This ambivalence is encouraged by Quine's ambiguous use of science, to mean sometimes, broadly, our presumed empirical knowledge and sometimes, narrowly, the natural sciences. Quine's modest naturalism is reformist, tackling the traditional epistemological problems in a novel (...) way; his scientistic naturalism is revolutionary, requiring restriction and reconceptualization of epistemological problems. In particular, his scientistic naturalism trivializes the question of the epistemic standing of the natural sciences, whereas modest naturalism takes it seriously, and can offer a plausible answer. (shrink)

Most answers to the mind-body problem are claims about the nature of mental properties and substances. But advocates of non-reductive physicalism have generally neglected the topic of the nature of substance, quickly nodding to the view that all substances are physical, while focusing their intellectual energy on understanding how mental properties relate to physical ones. Let us call the view that all substances are physical or are exhaustively composed of physical substances substance physicalism (SP). Herein, I argue that non-reductive physicalism (...) (NRP) cannot uphold substance physicalism and is thereby false. For NRP faces a mind problem: its commitment to property irreducibility prevents that which bears the mental properties—the mind, or on some views, the self or person—from being a physical thing. (shrink)

The rhetoric of reconciliation is common in situations where traditional judicial responses to past wrongdoing are unavailable because of corruption, large numbers of offenders, or anxiety about the political consequences. But what constitutes reconciliation?

“The most likely use for Haack’s volume will be in introductory pragmatism courses and it is eminently appropriate for this task. However, others who would wish to speak out about pragmatism authoritatively would do well to go through the book from cover to cover. Outside of philosophy, the volume provides an introduction to a vital aspect of what philosophy has to offer to other disciplines, psychology among them....it is hard to think what could have been done to improve upon the (...) collection.”. (shrink)

On a literal reading of `Computing Machinery and Intelligence'', Alan Turing presented not one, but two, practical tests to replace the question `Can machines think?'' He presented them as equivalent. I show here that the first test described in that much-discussed paper is in fact not equivalent to the second one, which has since become known as `the Turing Test''. The two tests can yield different results; it is the first, neglected test that provides the more appropriate indication of intelligence. (...) This is because the features of intelligence upon which it relies are resourcefulness and a critical attitude to one''s habitual responses; thus the test''s applicablity is not restricted to any particular species, nor does it presume any particular capacities. This is more appropriate because the question under consideration is what would count as machine intelligence. The first test realizes a possibility that philosophers have overlooked: a test that uses a human''s linguistic performance in setting an empirical test of intelligence, but does not make behavioral similarity to that performance the criterion of intelligence. Consequently, the first test is immune to many of the philosophical criticisms on the basis of which the (so-called) `Turing Test'' has been dismissed. (shrink)

Public bioethics bodies are used internationally as institutions with the declared aims of facilitating societal debate and providing policy advice in certain areas of scientific inquiry raising questions of values and legitimate science. In the United States, bioethical experts in these institutions use the language of consensus building to justify and define the outcome of the enterprise. However, the implications of public bioethics at science-policy boundaries are underexamined. Political interest in such bodies continues while their influence on societal consensus, public (...) debate, and science policy remains ambiguous. This article presents a theoretical discussion of public bioethics bodies as boundary organizations and examines them in terms of relationship to the moral and cognitive authority of science and other forms of expertise, mechanisms for public participation in controversial science policy, and the deployment of consensus models. The theoretical discussion is examined in the case of the U.S. Human Embryo Research Panel. (shrink)

Background and aim Nursing students form a professional identity from their core values, role models, and past experiences, and these factors contribute to the development of their professional identity. The hidden curriculum, a set of ethics and values learned within a clinical setting, may be part of developing a professional identity. Nursing students will develop a professional identity throughout school; however, their identity might be challenged as they attempt to balance their core values with behaviors learned through the hidden curriculum. (...) The purpose of this project was to educate students on the hidden curriculum in the development of their professional identity. Materials and methods A sample of 112 senior nursing students was recruited from a northeastern university in the United States for this study. Pre–post survey design was used, and an educational session was administered prior to the post-survey. Descriptive statistics and a valid percentage were used to describe the data within the surveys. Ethical consideration Study was approved by the author’s University Institutional Review Board. Findings A significant finding was for advocacy as students would speak up if witnessing inappropriate behavior toward patients or families with a mean score increase from 2.50 (pre-survey) to 1.45 (post-survey). Also, over 95% ( n = 106) found the educational session beneficial as they learned they had the ability to advocate and speak up for their patients. Conclusion Students were able to use their core values and advocate for their patients and families which allows for safer patient care. (shrink)

The contradictions and ambiguities in, admiration for, and potential benefits derived from cheating in modern athletics have numerous parallels in ancient Greek culture. Because both ancient and mo...

The role of mathematics in scientific practice is too readily relegated to that of formulating equations that model or describe what is being investigated, and then finding solutions to those equations. I survey the role of mathematics in: 1. Exact solutions of differential equations, especially conformal mapping; and 2. Simulations of solutions to differential equations via numerical methods and via agent-based models; and 3. The use of experimental models to solve equations (a) via physical analogies based on similarity of the (...) form of the equations, such as Prandtl’s soap-film method, and (b) the method of physically similar systems. Two major themes emerge: First, the role of mathematics in science is not well described by deduction from axioms, although it generally involves deductive reasoning. Creative leaps, the integration of experimental or observational evidence, synthesis of ideas from different areas of mathematics, and insight regarding analogous forms are required to find solutions to equations. Second, methods that involve mappings or transformations are in use in disparate contexts, from the purely mathematical context of conformal mapping where it is mathematical objects that are mapped, to the use of concrete physical experimental models, where one concrete thing is shown to correspond to another. (shrink)

In 2004, the United States Sentencing Commission amended the Federal Sentencing Guidelines to allow firms that create “effective compliance and ethics programs” to receive better treatment if prosecuted for fraud. Effective compliance and ethics, however, appear to be limited to activities focused on complying with the firms’ internal legal and ethical standards. We explored a potential connection between the firms’ external corporate social responsibility (CSR) behaviors and internal compliance: Is there an organizationally valid relationship between these two firm activities? That (...) is, when organizations demonstrate CSR with behaviors external to the firm, such as employee volunteerism, are their employees more likely to demonstrate uncompromised legal and ethical compliance behavior internally? We collected data from 164 working professionals enrolled in a top-tier MBA program in the southeastern United States regarding their employer-sponsored volunteer activities and their intentions to comply in various organizational compliance vignettes. We found that employer-sponsored volunteerism is associated with uncompromised compliance choices in one of the three vignettes. This finding indicates preliminary support for further inquiry into the relationship within the firm between external CSR behaviors and policies regarding organizational compliance. Post hoc analyses suggest that employer-sponsored volunteerism is strongly associated with a positive organizational identity, but organizational identity is not associated with the significant compliance vignette. This evidence suggests that the underlying mechanism that connects external CSR behaviors and internal compliance intentions is complex and requires future study. (shrink)

Toys to overcome time, distance, and gravity -- To fly like a bird, not float like a cloud -- Finding a place in the world -- A new continent -- A new age-old problem to solve -- The physics of miniature worlds -- Models of wings and models of the world -- A world made of facts.

The Oxford Handbook of Music Psychology is the definitive, comprehensive, and authoritative text on this burgeoning field. With contributions from over fifty experts in the field, the range and depth of coverage is unequalled. It will be an essential resource for students and researchers in psychology.

While artificial womb technology is currently being studied for the purpose of improving neonatal care, I contend that this technology ought to be pursued as a means to address the unprecedented rate of unintended pregnancies. But ectogenesis, alongside other emerging reproductive technologies, is problematic insofar as it threatens to disrupt the natural link between procreation and parenthood that is normally thought to generate rights and responsibilities for biological parents. I argue that there remains only one potentially viable account of parenthood: (...) the voluntarist account, which construes parental rights as robust moral obligations that must be voluntarily undertaken. The problem is that this account mistakenly presumes a patriarchal divide between procreation and parenthood. I propose a reframing of procreation and parenthood from a feminist perspective that recognises gestational motherhood as involving robust moral obligations that ought to be voluntarily undertaken. If this were the case, all gestational mothers would be, by definition, willing mothers. To make this happen I argue that ectogenesis technology must be a widely available reproductive option. (shrink)

There is one truth, but many truths: i.e., one unambiguous, non-relative truth-concept, but many and various propositions that are true. One truth-concept: to say that a proposition is true is to say (not that anyone, or everyone, believes it, but) that things are as it says; but many truths: particular empirical claims, scientific theories, historical propositions, mathematical theorems, logical principles, textual interpretations, statements about what a person wants or believes or intends, about grammatical and legal rules, etc., etc. But, as (...) Frank Ramsey once said, “There is no platitude so obvious that eminent philosophers have not denied it”; and as soon as you ask why anyone would deny that there is one truth-concept, or that there are many true propositions, it becomes apparent that my initial, simple formula disguises many complexities. (shrink)

COVID-19 poses an exceptional threat to global public health and well-being. Recognition of the need to develop effective vaccines at unprecedented speed has led to calls to accelerate research pathways ethically, including by conducting challenge studies ) with SARS-CoV-2. Such research is controversial, with concerns being raised about the social, legal, ethical and clinical implications of infecting healthy volunteers with SARS-CoV-2 for research purposes. Systematic risk evaluations are critical to inform assessments of the ethics of any proposed SARS-CoV-2 CHIs. Such (...) evaluations will necessarily take place within a rapidly changing and at times contested epidemiological landscape, in which differing criteria for the ethical acceptability of research risks have been proposed. This paper critically reviews two such criteria and evaluates whether the use of effective treatment should be a necessary condition for the ethical acceptability of SARS-CoV-2 CHIs, and whether the choice of study sites should be influenced by COVID-19 incidence levels. The paper concludes that ethical evaluations of proposed SARS-CoV-2 CHIs should be informed by rigorous, consultative and holistic approaches to systematic risk assessment. (shrink)

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The pragmatist tradition in epistemology initiated by Peirce has, I believe, proved a particularly fruitful one. And since Peirce’s work in the theory of knowledge was motivated, to a considerable extent, by his radical opposition to the Cartesian tradition, a close study of the early papers in which Peirce offers a comprehensive critique of Cartesian epistemology promises to be philosophically as well as historically rewarding.

The political shift toward an economic liberalism in many developed market economies, emphasizing the importance of the marketplace rather than government intervention in the economy and society (Dorman, Systematic Occupational Health and Safety Management: Perspectives on an International Development, 2000; Tombs, Policy and Practice in Health and Safety 3(1): 24-25, 2005; Walters, Policy and Practice in Health and Safety 03(2):3-19, 2005), featured a prominent discourse centered on the need for business flexibility and competitiveness in a global economy (Dorman, 2000; Tombs, (...) 2005). Alongside these developments was an increasing pressure for corporate social responsibility (CSR). The business case for CSR - that corporations would benefit from voluntarily being socially responsible — was increasingly promoted by governments and corporations as part of the justification for self-regulation. The aim of the article is to examine more closely the proposition that self-regulation is effective, with particular reference to the business case for workplace equality and safety. Based on a comprehensive literature review and documentary analysis, it was found that current predominant management discourse and practice focusing on diversity and safety management systems (OHSMS) resonate well with a government and corporate preference for the business case and self-regulation. However, the centrality of individual rather than organizational factors in diversity and OHSMS means that systemic discrimination and inherent workplace hazards are downplayed, making it less likely that employers will initiate structural remedies needed for real change. Thus, reliance on the business case in the argument for self-regulation is problematic. In terms of government policy and management practice, the business case needs to be supplemented by strong, proactive legislation, and worker involvement. (shrink)

ArgumentThe new English term “empathy” was translated from the GermanEinfühlungin the first decade of the twentieth century by the psychologists James Ward at the University of Cambridge and Edward B. Titchener at Cornell. At Titchener's American laboratory, “empathy” was not a matter of understanding other minds, but rather a projection of imagined bodily movements and accompanying feelings into an object, a meaning that drew from its rich nineteenth-century aesthetic heritage. This rendering of “empathy” borrowed kinaesthetic meanings from German sources, but (...) extended beyond a contemplation of the beautiful to include a variety of experimental stimuli and everyday objects in the laboratory. According to Titchener's structural psychology, all higher thought could be reduced to more elemental aspects of mind, and experimental introspection showed empathy to be constituted of kinaesthetic images. The existence of kinaesthetic images, Titchener argued, formed an incisive critique of the view that thought could take place without images, held by one of Titchener's major psychological rivals, the school of thought-psychologists in Würzburg, Germany. The new term “empathy” in early American academic psychology therefore delineated a kinaesthetic imaginative projection that took place on the basis of ontological difference between minds and things. (shrink)

The method of metaphysics: Metaphysics is empirical but depends not, like the sciences, on recondite experience but on close attention to aspects of everyday experience we ordinarily scarcely notice. "Real" is a broader concept than "exists" (which applies only to particulars) and also applies to phenomena, kinds, and laws, which are real, but not, of course, existent entities. But "there are real kinds, laws, etc." doesn't imply that all the kinds and laws we believe are real, are. I call my (...) approach "Innocent Realism" because--though it's certainly not naive--it requires attending to experience, so far as possible, without substantial preconceptions. There is one real world, enormously varied but also integrated. It includes physical stuff, kinds, laws, etc. and, here on earth, a vast array of human artifacts, physical, social, intellectual, and imaginative, all intimately interconnected. All this requires human mindedness (a better word than "mind" because it doesn't suggest that human mentality is an organ like the heart or the liver). Rather, it's a complex congeries of dispositions and abilities: to understand even such a relatively simple thing as what's involved in someone's believing something, we need to take account of the person's dispositions to behavior, verbal and otherwise; to the neurophysiological realizations of these dispositions; and to their connections to the world and to words in the person's linguistic community--this last requiring other people's words-world connection. "Virtual" reality is just one more computer artifact, clever, no doubt, but not metaphysically startling. It's oversold, but this is advertising hype, not serious metaphysics. (shrink)