The rule of law offers legal certainty, laying down boundaries to the state's playing field. The precautionary approach stipulates that the absence of scientific certainty is no reason not to act to prevent harm. Here, uncertainty frames action. The precautionary approach potentially expands the state's playing field, and this expansion might well undermine the precepts of the rule of law. The certainty-uncertainty axis exposes a tension between the rule of law and the precautionary approach in what Ulrich Beck has termed (...) the world risk society in second modernity. It is this tension that is the focus of analysis in this article. (shrink)

This article seeks to illustrate the relevance of social theory for the study and practice of law. As social theory reports on changes that influence societal structures, the question for lawyers is how these changes affect law and what this means for its role and function. To this end, the article draws on Ulrich Beck’s theory of the risk society and reflexive modernization to provide the relevant perspective. This theory reports upon and explains the so-called side effects of modernization that (...) take the shape of environmental, industrial and political risks. It is these side effects that constitute the problem in risk society and dealing with them demands a reflexive approach towards modernization. The article seeks to highlight the relevance of this theory for law by placing it in the tradition of social contacts theory. It does so by reformulating the central problem of the risk society and by identifying the main social actors who would be party to a “new” social contract. The article then identifies and formulates the instruments of negotiation, at which point it becomes clear what the role of law may be. It concludes with a tentative indication of what the main terms of the social contract could look like. (shrink)

This article seeks to illustrate the relevance of social theory for the study and practice of law. As social theory reports on changes that influence societal structures, the question for lawyers is how these changes affect law and what this means for its role and function. To this end, the article draws on Ulrich Beck's theory of the risk society and reflexive modernization to provide the relevant perspective. This theory reports upon and explains the so-called side effects of modernization that (...) take the shape of environmental, industrial and political risks. It is these side effects that constitute the problem in risk society and dealing with them demands a reflexive approach towards modernization. The article seeks to highlight the relevance of this theory for law by placing it in the tradition of social contacts theory. It does so by reformulating the central problem of the risk society and by identifying the main social actors who would be party to a "new" social contract. The article then identifies and formulates the instruments of negotiation, at which point it becomes clear what the role of law may be. It concludes with a tentative indication of what the main terms of the social contract could look like. (shrink)

In a bid to boost fertility levels, Iran and Japan have recently launched their own dating apps, with more countries likely to follow. The aim of this article is to consider whether state-run dating apps are morally desirable, which is a question that has not received any scholarly attention. It finds that such apps have at least two benefits that collectively, if not individually, render their introduction to be welcomed provided certain conditions are met. These benefits are that they are (...) better placed than commercial dating apps such as Tinder, Bumble, and Badoo to (i) help people find lasting love and to (ii) protect individuals from spending too much money and/or time on online dating. Several objections are discussed and shown to be unconvincing as arguments against state-run dating apps tout court, including the objection that for states to offer their own dating apps is unduly expensive; the objection that it gives them too much power; and the objection that they should invest in creating offline opportunities for meeting potential partners instead. (shrink)

Over the past decade, many philosophers have argued that to respect the moral equality of their citizens, states should be neutral toward certain forms of diversity among their populations. Areas in which the state neutrality has been advocated include, but are not limited to, citizens’ different religions; languages; and sexual orientations. However, there remains an important area where its normative (ir)relevance has not been discussed: That of neurodiversity. After identifying several ways in which contemporary states disfavor the interests of neurodivergent (...) groups relative to the neurotypical majority, including those of autistic people; dyslectic people; and people with ADHD, the most promising would be-justifications for such unequal treatment are considered. They maintain respectively that states only have to be neutral toward differences that feature in people’s conceptions of the good life; that addressing the discussed neuro-inequalities is too costly, whether financially or otherwise; that doing so raises intolerable risks of a public backlash; and that a commitment to neuro-neutrality leads to overinclusion. None are found to be convincing across the board, which leads me to conclude that states should become significantly more neuro-neutral than they are today. (shrink)

Being the victim of a microaggression, that is, a relatively minor act of hostility that targets someone's (marginalized) social identity, can be distressing, but so can merely being in doubt over whether one has been the victim of such aggression. To address this last problem, Regina Rini has proposed a novel understanding of microaggressions that is meant to eliminate such doubts. On her “Ambiguous Experience Account,” whenever members of marginalized groups believe they might have been subjected to a microaggression, a (...) microaggression will have been committed even if the would‐be perpetrator was not motivated by prejudiced aggression. This article challenges this account on grounds of being incompatible with people's lived experiences, including those of the would‐be victims, and argues that we should instead accept the conventional account on which microaggressive acts must be consciously or unconsciously motivated by prejudiced aggression. At the same time, it shows that those falsely suspected of having committed microaggressions will still merit blame sometimes for having failed to signal that their behavior was respectful of others, which lessens the concerns that Rini's conceptual engineering seeks to address. I conclude by drawing out some implications for the debate on microaggressions and attributional ambiguity. (shrink)

ABSTRACT In ethics, the use of empirical data has become more and more popular, leading to a distinct form of applied ethics, namely empirical ethics. This ‘empirical turn’ is especially visible in bioethics. There are various ways of combining empirical research and ethical reflection. In this paper we discuss the use of empirical data in a special form of Reflective Equilibrium (RE), namely the Network Model with Third Person Moral Experiences. In this model, the empirical data consist of the moral (...) experiences of people in a practice. Although inclusion of these moral experiences in this specific model of RE can be well defended, their use in the application of the model still raises important questions. What precisely are moral experiences? How to determine relevance of experiences, in other words: should there be a selection of the moral experiences that are eventually used in the RE? How much weight should the empirical data have in the RE? And the key question: can the use of RE by empirical ethicists really produce answers to practical moral questions? In this paper we start to answer the above questions by giving examples taken from our research project on understanding the norm of informed consent in the field of pediatric oncology. We especially emphasize that incorporation of empirical data in a network model can reduce the risk of self‐justification and bias and can increase the credibility of the RE reached. (shrink)

We appreciate that the theme “ethics of ethics conferences” that we introduced in 2023 (Van der Graaf et al. 2023) was echoed by the previous and current presidents of the International Association...

A significant proportion of states grants constitutional recognition to a single religion, leaving various other religions within society constitutionally unrecognised. Many philosophers believe that this is problematic even when such recognition is (almost) wholly symbolic. The four most common and prima facie plausible objections to what I call ‘mono-recognition’ are that it alienates citizens who do not adhere to the constitutionally recognised religion; that it symbolically subordinates these individuals; that it reinforces oppressive social hierarchies; and that it violates principles of (...) justificatory neutrality. This article shows that none of these objections establish that mono-recognition is wrong within contemporary societies—or even merely pro tanto wrong. However, it goes on to propose a novel argument that does suggest that this type of religious establishment is pro tanto wrong within most societies, if not all. According to this argument, which I refer to as the ‘desire-based objection’, mono-recognition is pro tanto wrong when it fails to accommodate at least some citizens (a) who desire constitutional recognition of their unrecognised religion on morally reasonable, or simply not unreasonable, grounds or who would do so if they were to independently ponder the possibility of receiving such recognition without having to fear any social backlash that receiving it might cause and (b) whose religion is entitled to constitutional recognition based on the size of its population within society; the societal contributions of its members; and any injustices that its members have suffered at the hands of the state or the wider society. As I show, even when one particular religion has the strongest claim to constitutional recognition, this does not normally justify granting sole recognition to it given that the weaker claims of other religions could be accommodated under a system whereby state religions are rotated and recognised for different durations depending on the strength of their claims. (shrink)

This article presents the results of a study in The Netherlands among two groups of religious people: i.e., 165 Christian outpatients and 171 parishioners. In this study, we focused on the following main questions. To what degree did these two groups of Christians practice positive religious coping, negative religious coping and receptive coping? What are the relationships between these three coping strategies? To what degree were positive religious, negative religious and receptive coping activities related to the well-being of the respondents? (...) What are the best predictors of well-being: positive religious, negative religious or receptive coping? The results showed that positive religious, negative religious and receptive coping were three independent predictors of well-being, with negative religious coping being the best predictor. (shrink)

Unearthing the radical potential at the heart of canonical political thought, this book uses the work of Foucault and Deleuze to re-imagine theory in a way that embraces difference and resistance.

Bowers et al. counter deep neural networks (DNNs) as good models of human visual perception. From our color perspective we feel their view is based on three misconceptions: A misrepresentation of the state-of-the-art of color perception; the type of model required to move the field forward; and the attribution of shortcomings to DNN research that are already being resolved.

This book examines the role of new technologies and the way social practices are influenced by them, creating all sorts of new challenges for maintaining a coherent practice without clashed between norms.

Over the past decade, many politicians and celebrities in North America have found themselves embroiled in scandals that involved them having worn black make-up and in at least one incident white make-up. In most of these cases, the used make-up was part of a costume for Halloween, Purim, Carnival, or a themed party. This article challenges the view that wearing cross-racial make-up on such occasions as part of personal costumes—as opposed to costumes that are integral to specific cultural traditions, such (...) as the New Orleans Zulu parade—is always wrong. To do so, it assesses the five most promising objections to this practice. Although some of these objections count against certain uses of cross-racial make-up, I show that in several high-profile cases where such make-up was worn, none of them had force, whether because the objections themselves were implausible and/or because they did not apply. (shrink)

Strong longtermism maintains that how we should act morally is determined almost entirely by the expected effects on the welfare of our descendants existing thousands if not millions of years into the future, who might include both other humans and any artificial agents with a comparable or higher moral status that we end up creating. It is based on three key assumptions: (i) that our descendants will have a moral status that is at least as high as ours and therefore (...) should not have their welfare discounted by us; (ii) that there is a good chance that these individuals will vastly outnumber us; and (iii) that we can do things here and now that can be expected to positively shape the long-term trajectory of humanity. The aim of this contribution is to suggest that authors such as Will MacAskill and Hilary Greaves have been too optimistic about all these assumptions as a result of having ignored evidence that the populations of postindustrial countries are becoming less intelligent due mostly to the negative relationship that has emerged within these societies between intelligence and fertility and to the proclivity of intelligent people to delay parenthood. (shrink)

We often speak of our own “best friends” and those of other people. But what does it mean for someone to be a best friend? While there is a large empirical literature studying the antecedents and consequences of best friendships and a small body of philosophical research on this topic, this question has not been addressed in detail. In this article, my aim is to fill this lacuna by distinguishing three different conceptions of best friends based on the semantic properties (...) of the term and the ways in which it is used in both academic discourse and ordinary parlance. They include those of a (i) comparatively best friend; (ii) comparatively best close/good friend; and (iii) institutional best friend. I conclude by drawing out the implications of this typology for empirical and philosophical work on best friendship and by identifying several avenues for future research. (shrink)

Cross-national surveys show that among heterosexual couples who share a household, women tend to perform more housework than their male partners. Many feminists believe that this must be unjust, the assumption being that justice requires an equal distribution of housework between the sexes. My aim in this contribution is to challenge this view. To do so, I distinguish three possible interpretations of it. The first says that heterosexual co-residential partners, construed broadly to include married individuals, should do as much housework (...) as their partner and not more. The second interpretation maintains that they should split evenly the housework that must be done to realize a minimally decent living standard. And the third maintains that the housework co-residential male and female partners each perform as a group ought to be equal, whether or not the constituent loads are equalized on an individual household level. All three versions are found to be untenable. (shrink)

The cell assembly as a simple attractor cannot explain many cognitive phenomena. It must be a highly structured network that can sustain highly structured excitation patterns. Moreover, a cell assembly must be more widely distributed in space than on a square millimeter.

Unemployment rates among autistic people are high even among those with low-support needs. While a variety of measures is needed to address this problem, this article defends one that has not been defended in detail and that has profound implications for contemporary hiring practices. Building on empirical research showing that job interviews are a major contributor to autistic unemployment, it argues that such interviews should be abolished in many cases for autistic and non-autistic people alike.

Okay, Professor Turner is not Rodney King. He is not responding to bioethicists and social scientists running amuck, setting automobiles aflame, and pelting each other with rocks and broken bottles. He does not come right out and ask, “Why can't we all just get along?” But in its academic way, Turner's essay is an effort to negotiate a truce in the interdisciplinary squabbles that plague bioethics, a plea to move bioethics beyond the “misleading” and “unhelpful” “demarcation of disciplinary goals” that (...) leads to “dichotomous thinking” and “polemical accusations.”. (shrink)

This article discusses the relation between empirical and normative approaches in bioethics. The issue of dwarf tossing, while admittedly unusual, is chosen as a point of departure because it challenges the reader to look with fresh eyes upon several central bioethical themes, including human dignity, autonomy, and the protection of vulnerable people. After an overview of current approaches to the integration of empirical and normative ethics, we consider five ways that the empirical and normative can be brought together to speak (...) to the problem of dwarf tossing: prescriptive applied ethics, theoretical ethics, critical applied ethics, particularist ethics and integrated empirical ethics. We defend a position of critical applied ethics that allows for a two-way relation between empirical and normative theories. Against efforts fully to integrate the normative and the empirical into one synthesis, we propose that the two should stand in tension and relation to one another. The approach we endorse acknowledges that a social practice can and should be judged both by the gathering of empirical data and by normative ethics. Critical applied ethics uses a five stage process that includes: (a) determination of the problem, (b) description of the problem, (c) empirical study of effects and alternatives, (d) normative weighing and (e) evaluation of the effects of a decision. In each stage, we explore the perspective from both the empirical (sociological) and the normative ethical point of view. We conclude by applying our five-stage critical applied ethics to the example of dwarf tossing. (shrink)

Providing equitable food security for a growing population while minimizing environmental impacts and enhancing resilience to climate shocks is an ongoing challenge. Here, we quantify the resource intensity, environmental impacts and nutritional output of a small (0.075 ha) low-input subsistence Mediterranean agroecological farm in a developed nation that is based on intercropping and annual crop rotation. The farm provides one individual, the proprietor, with nutritional self-sufficiency (adequate intake of an array of macro- and micro-nutrients) with limited labor, no synthetic fertilizers (...) or herbicides, and zero waste, effectively closing a full farm-table-farm cycle. We find that the agroecological farm outperforms conventional farming as practiced in the same country in terms of both lower environmental burdens, across all examined environmental metrics (63% lower on average) per kg produce, and higher nutritional score (66% higher on average). Per equal farmland, the environmental lopsidedness was even higher (79% lower than conventional farming on average), with nearly the same nutritional score (3% lower on average). Moreover, when considering total land area, which includes farmland and supporting non-agricultural lands, as well as postgate impacts and food losses, the advantage of the agroecological system over conventional farming is even more pronounced. Situated within a Mediterranean region that is undergoing rapid climate change, this food system is a unique case study of nutrition- and environment-oriented food production system. While its deployment potential is limited by lack of supportive policies, it nonetheless represents one of the most starkly bold alternatives to current food systems. (shrink)

Sometimes the simplest forms are the most difficult to explain. Perhaps the reason for this is that one estimates the problems involved as being too simple, too obvious, and does not seek, therefore, to penetrate to their core. Besides, there is an aura of the primitive and underivative about a literary form we are used to considering as popular; we hardly dare profane it by dry, objective analysis. As the tradition of a community, it shares the anonymity of the latter. (...) Seeking the traces of creative and tradition-conscious personages, we find only an amorphous mass of the unknown. No wonder that the riddle has been relegated back to prehistoric times, permitting us to conceal its problems behind a veil of mystery. (shrink)