Unrejectability is the property shared by things no one could reasonably reject. Following the lead of T. M. Scanlon, modern contractualists hold Principle Contractualism: An act is obligatory when conformity to unrejectable principles requires its performance. This article entertains Act Contractualism: An act is obligatory when its performance is unrejectable. The article hypothesizes that Principle Contractualism owes its initial plausibility to the assumption that following it somehow realizes unrejectability, if only indirectly. The article then argues that, whereas following Act Contractualism (...) realizes unrejectability, following Principle Contractualism realizes a convoluted, principle-mediated, non-causal conformity relation between acts and unrejectability. But then the notion that this relation is what matters ultimately in action does not seem to enjoy independent plausibility. After interrogating Scanlon's objection that the challenge to the principle-based nature of contractualism is , I conclude that Act Contractualism is the more fitting contractualist theory of obligation. (shrink)

This volume, which comprises sixteen original contributions, is the first collection of philosophical papers on promises and agreements - topics enjoying a renaissance in social, moral, and legal philosophy.

This article offers a refutation of the corrective justice interpretation of tort law – the view that it is essentially a system of corrective justice. It introduces a distinction between primary and secondary tort duties and claims that tort law is best understood as the union of its primary and secondary duties. It then advances two independent criticisms of the corrective justice interpretation. The article first argues that primary tort duties have nothing fundamentally to do with corrective justice and that, (...) if one understands what is meant by ``primary tort duties,'' one is compelled to regard this fact as a decisive objection to the corrective justice interpretation. Second, it argues that, whatever relation there is between secondary tort duties and corrective justice, that relation also holds between corrective justice and secondary duties of other legal branches. In sum, the concept of corrective justice is neither capable of unifying tort law nor of demarcating it from other legal branches.The article also offers a general alternative interpretation of tort law. Rather than being essentially corrective, tort law is essentially protective. Under this picture, if tort law has a most important point, it is the protection of legal subjects and valuable social interests from harm. This is the overarching ambition that unifies primary and secondary tort duties. It does not, however, demarcate tort law from other legal branches. (shrink)

To promise someone to do something is to commit oneself to that person to do that thing, but what does that commitment consist of? Some think a promissory commitment is an obligation to do what’s promised, and that while promising practices facilitate the creation of promissory obligations, they are not essential to them. I favor the broadly Humean view in which, when it comes to promises (and so promissory obligations), practices are of the essence. I propose the Practice Reason Account (...) of promises, according to which a promise is basically to give oneself a self-interested practice reason to do what’s promised. One achieves this feat by invoking self-enforcing independent practice rules thanks to which one’s doing what’s promised preserves one’s promissory trust(worthiness) and promising power. However, nothing in this account supports the Hume-Rawls claim that promise-keeping or promise-breaking is right just when and because it conforms to practice rules that are justified by their good- or right-making properties. (shrink)

Developments in contract law over the past century have led to the proliferation of interpretive theories according to which contract law is no longer a sui generisi legal branch. It is widely accepted that if there is a sui generis contractual obligation, it must somehow be based on the wills of the parties. But a new orthodoxy in contract theory claims that the role of the will of the parties in contract law has been progressively shrinking due to judicial doctrines (...) within the law of contract and also to general statutory provisions. It is no longer apparent that there is any interesting sense in which contractual liability is based on the will of the parties. Hence, so it is claimed, contract law has lost its sui generis nature. The article challenges this new orthodoxy. But rather than reverting to the old orthodoxy—the will theory of contracts (or its contemporary rendition, contract as promise)—it argues that we should resist being forced to choose between them. The article argues that the purpose of contractual liability is to support the practice of voluntary obligations. This view preserves an important connection between contractual liability and voluntary undertakings and meets the objections that beset the will theory. (shrink)

Justice, you might think, is the first virtue of the law. After all, we call our judges justices, the administration of law the administration of justice, and the government's legal department the Justice Department. We should reject this Priority of Justice for the Law in favor of the more moderate Priority of Justice for the Courts, the view that justice is the first virtue of the law courts. Under its comparative conception, justice is distinguishable by its concern with the relative (...) positions of subjects. I claim that legal duties divide into primary and secondary, that primary legal duties are not essentially comparative, and that this impugns the Priority of Comparative Justice for the Law. Still, the bipolar structure of litigation appears to suggest that comparative justice is the first virtue of the courts. I explain why that is not so. I then introduce a desert-based conception of justice I dub requitative justice. I argue that the Priority of Justice for the Law cannot draw succor from this conception of justice because primary legal duties are no more requitative than they are comparative. However, the special affinity between law courts and secondary legal duties suggests that requitative justice is the first virtue of the courts. Finally, I concede that the Priority of Justice for the Courts gives us reason to accept the Priority of Justice for the Law after all, if we accept the common Priority of Courts for the Law, the view that the courts are the first institution of the law. We should not do so, however. (shrink)

Reason and Value collects fifteen brand-new papers by leading contemporary philosophers on themes from the moral philosophy of Joseph Raz. The subtlety and power of Raz's reflections on ethical topics--including especially his explorations of the connections between practical reason and the theory of value--make his writings a fertile source for anyone working in this area. The volume honors Raz's accomplishments in the area of ethical theorizing, and will contribute to an enhanced appreciation of the significance of his work for the (...) subject. (shrink)

One dimension of cognitive success concerns getting it right: having many true beliefs and no false ones. Another dimension of cognitive success concerns using the right concepts. For example, using a concept of a person that systematically excludes people of certain demographics from its extension is a sort of cognitive deficiency. This view, if correct, tasks inquirers with critically examining the concepts they are using and perhaps replacing those concepts with new and better ones. This task is often referred to (...) as “conceptual engineering”. However, so far it is unclear what exactly happens in cases of conceptual engineering. How does language change when we engineer a concept? This article offers an answer. I propose a view on which, when speakers assess the truth of propositions, they often rely on assumptions with regard to what is required for their truth. For example, when speakers assess whether unborn fetuses are people, they rely on assumptions with regard to what is required to be a person. Based on this idea, I develop a model of conceptual engineering according to which speakers “engineer concepts” when they change how they assess the truth of propositions. For example, speakers engineer the concept of a person when they change how they assess the truth of the proposition that unborn fetuses are people. (shrink)

Comment on Joseph Raz, From Normativity to Responsibility.

Do numbers exist? Carnap (1956 [1950]) famously argues that this question can be understood in an “internal” and in an “external” sense, and calls “external” questions “non-cognitive”. Carnap also says that external questions are raised “only by philosophers” (p. 207), which means that, in his view, philosophers raise ”non-cognitive” questions. However, it is not clear how the internal/external distinction and Carnap’s related views about philosophy should be understood. This paper provides a new interpretation. I draw attention to Carnap’s distinction between (...) purely external statements, which are independent from all frameworks, and pragmatic external statements, which concern which framework one should adopt, and argue that the latter express noncognitive mental states. Specifically, I argue that “frameworks” are systems of rules for the assessment of statements, which are utterances of ordinary language sentences. Pragmatic external statements express noncognitive dispositions to follow only certain rules of assessment. For instance, “numbers exist” understood as a pragmatic external statement expresses a noncognitive disposition to use only rules of assessment according to which numbers do exist. Carnap can thereby be understood as proposing a distinctive form of noncognitivism about ontology that is in some respects analogous to norm-expressivism in metaethics. (shrink)

We show that in the Maxwell–Lorentz theory of classical electrodynamics most initial values for fields and particles lead to an ill-defined dynamics, as they exhibit singularities or discontinuities along light-cones. This phenomenon suggests that the Maxwell equations and the Lorentz force law ought rather to be read as a system of delay differential equations, that is, differential equations that relate a function and its derivatives at different times. This mathematical reformulation, however, leads to physical and philosophical consequences for the ontological (...) status of the electromagnetic field. In particular, fields cannot be taken as independent degrees of freedom, which suggests that one should not add them to the ontology. (shrink)

Many arguments have been made against gene editing. This paper addresses the commonly invoked argument that gene editing violates human dignity and is ultimately a subversion of human nature. There are several drawbacks to this argument. Above all, the concept of what human dignity means is unclear. It is not possible to condemn a practice that violates human dignity if we do not know exactly what is being violated. The argument’s entire reasoning is thus undermined. Analyses of the arguments involved (...) in this discussion have often led to the conclusion that gene editing contravenes the principle of genetic identity (genetic immutability) thereby subverting a requisite of human dignity and ultimately threatening human nature. This paper refutes these arguments and shows that any opposition to gene editing cannot rely on the human dignity argument. (shrink)

The possibility of neurotechnological interference with our brain and mind raises questions about the moral rights that would protect against the (mis)use of these technologies. One such moral right that has received recent attention is the right to mental integrity. Though the metaphysical boundaries of the mind are a matter of live debate, most defences of this moral right seem to assume an internalist (brain-based) view of the mind. In this article, we will examine what an extended account of the (...) mind might imply for the right to mental integrity and the protection it provides against neurotechnologies. We argue that, on an extended account of the mind, the scope of the right to mental integrity would expand significantly, implying that neurotechnologies would no longer pose a uniquely serious threat to the right. In addition, some neurotechnologies may even be protected by the right to mental integrity, as the technologies would becomepart ofthe mind. We conclude that adopting an extended account of the mind has significant implications for the right to mental integrity in terms of its protective scope and capacity to protect against neurotechnologies, demonstrating that metaphysical assumptions about the mind play an important role in determining the moral protection provided by the right. (shrink)

Ontological expressivism is the view that ontological existence claims express non-cognitive mental states. I develop a version of ontological expressivism that is modeled after Gibbard’s (2003) norm-expressivism. I argue that, when speakers assess whether, say, composite objects exist, they rely on assumptions with regard to what is required for composition to occur. These assumptions guide their assessment, similar to how norms may guide the assessment of normative propositions. Against this backdrop, I argue that “some objects have parts”, uttered in the (...) context of an ontological disagreement, expresses a noncognitive disposition to assess the truth of propositions by using only rules of assessment according to which the proposition that some objects have parts is to be evaluated as true. (shrink)

This is the first monograph devoted to the theology of the Epinomis. It argues that the work offers a revised Platonic conception of the divine better suited to the political imperatives of the post-Classical age. The Epinomis is an 'appendix' to Plato's Laws written by Plato's student, Philip of Opus. Through a comprehensive analysis of the Epinomis' lexicon, and comparisons with the Corpus Platonicum, Vera Calchi offers readers an insight into the Epinomis' philosophical and historical context, purpose, and legacy. (...) Calchi argues that Philip effectively reshapes Plato's metaphysical language into a theology premised on the immanence of God in the heavens. The resulting account of God's providential activity in the cosmos, which offers a new way of thinking about morality and political order, can be regarded as a major step towards the cosmic theology of the Hellenistic period. The Theology of the Epinomis is suitable for students and scholars of ancient philosophy, particularly those working on the Epinomis and Platonic philosophy. It will also be of interest to those studying the history of religion and theology in antiquity. (shrink)

In a time marked by the development of innovative treatments in healthcare and the need for health professionals to deal with resulting ethical dilemmas in clinical practice, this study was developed to determine the influence of the bioethics teaching on the moral competence of medical and nursing students. The authors conduct a longitudinal study using the Moral Competence Test extended version before and after attending the ethics curricular unit, in three nursing schools and three medical schools of Portugal. In this (...) questionnaire the participant is confronted with three ethical dilemmas and asked to evaluate arguments for and against the attitude of the main character. For both nursing and medical students, C-score was lower after the attendance of the ethics curricular units, with a statistically significant decrease in the total score for nursing students and a decrease not statistically significant for medical students. A multivariate analysis did not find any association between this decrease and gender, course, or age. The phenomenon of moral segmentation was observed, with better performance in the worker and judge dilemma, than in the doctor dilemma. These results highlight the need to reflect on the curricular strategies that can be implemented for health professionals to better develop moral competence and decision-making, allowing for the provision of humanized health care. (shrink)

According to the doctrine of Super-Humeanism, the world’s mosaic consists only of permanent matter points and changing spatial relations, while all the other entities and features figuring in scientific theories are nomological parameters, whose role is merely to build the best law system. In this paper, I develop an argument against Super-Humeanism by pointing out that it is vulnerable to and does not have the resources to solve the well-known problem of immanent comparisons. Firstly, I show that it cannot endorse (...) a fundamentalist solution à la Lewis, since its two pillars—a minimalist ontology and a best system account of lawhood—would generate, together, a tedious problem of internal coherence. Secondly, I consider anti-fundamentalist strategies, proposed within Humeanism, and find them inapplicable to the Super-Humean doctrine. The concern is that, since it is impossible to choose the best law system within Super-Humeanism, this doctrine may be charged with incoherence. (shrink)

Replicability is usually considered to be one of the cornerstones of science; however, the growing recognition of nonreplicable experiments and studies in scientific journals—a phenomenon that has been called ‘replicability crisis’—has spurred a debate on the meaning, function, and significance of replicability in science. Amid this discussion, it has become clear that replicability is not a monolithic concept; what is still controversial is exactly how the distinction between different kinds of replicability should be laid out terminologically and conceptually, and to (...) what extent it bears on the more general debate on the centrality of replicability in science. This paper’s goals are to clarify the different uses of the terms related to replicability and, more importantly, to conceptually specify the kinds of replicability and their respective epistemic functions. (shrink)

Although Chinese law imposes informed consent for medical treatments, the Chinese understanding of this requirement is very different from the European one, mostly due to the influence of Confucianism. Chinese doctors and relatives are primarily interested in protecting the patient, even from the truth; thus, patients are commonly uninformed of their medical conditions, often at the family’s request. The family plays an important role in health care decisions, even substituting their decisions for the patient’s. Accordingly, instead of personal informed consent, (...) what actually exists is ‘family informed consent’. From a Western perspective, these features of Chinese law and Chinese culture might seem strange, contradicting our understanding of doctor-patient relationship and even the very essence of self-determination and fundamental rights. However, we cannot forget the huge influence of cultural factors in these domains, and that ‘Western’ informed consent is grounded on the individualistic nature of Western culture. This article will underline the differences between the Western and the Chinese perspectives, clarifying how each of them must be understood in its own cultural environment. But, while still respecting Chinese particularities, this paper advocates that China adopt patient individual informed consent because this is the only solution compatible with human dignity and human rights. (shrink)

Easy Ontologists, most notably Thomasson (2015), argue that ontological questions are shallow. They think that these questions can either be answered by using our ordinary conceptual competence—of course tables exist!—or are meaningless, or else should be answered through conceptual re-engineering. Ontology thus is “easy”, requiring no distinctively metaphysical investigation. This paper raises a two-stage objection to Easy Ontology. We first argue that questions concerning which entities exist are inextricably bound up with “ontological category questions”, which are questions concerning the identity (...) of and differences between kinds of entities. We then argue that ontological category questions do not have trivial answers, are meaningful, and cannot be answered through conceptual re-engineering. Easy Ontology hence does not constitute a comprehensive ontological methodology. While some of ontology might be easy, category questions form a central part of ontology and are not answered easily. (shrink)

Quantum mechanics is arguably our most successful physical theory, yet the nature of the quantum state still constitutes an ongoing controversy. This paper proposes, articulates, and defends a metaphysical interpretation of the quantum state that is fictionalist in spirit since it regards quantum states as representing a fictional ontology. Such an ontology is therefore not physical, and yet it provides a reference for the language used in quantum mechanics and has explanatory power. In this sense, this view, akin to Allori’s (...) recent account of wavefunctionalism, combines elements of the representationalist and anti-representationalist camps and aims to be the best of both worlds. (shrink)

We propose that the epistemic functions of replication in science are best understood by relating them to kinds of experimental error/uncertainty. One kind of replication, which we call “direct replications,” principally serves to assess the reliability of an experiment through its precision: the presence and degree of random error/statistical uncertainty. The other kind of replication, which we call “conceptual replications,” principally serves to assess the validity of an experiment through its accuracy: the presence and degree of systematic errors/uncertainties. To illustrate (...) the aptness of this general view, we examine the Hubble constant controversy in astronomy, showing how astronomers have responded to the concordances and discordances in their results by carrying out the different kinds of replication that we identify, with the aim of establishing a precise, accurate value for the Hubble constant. We contrast our view with Machery's “re-sampling” account of replication, which maintains that replications only assess reliability. (shrink)

This essay traces the changing relationship between horticulture, agriculture, and philosophy across the seventeenth century, as the personae of the philosophical husbandman and the philosophical gardener intertwined and competed. At stake in the dynamics between them was the relationship between abstruse researches and practical applications in evolving experimental philosophy, as well as the aesthetic of experimental practices and rhetoric. Early seventeenth-century promoters of colonial projects, such as Virginian sericulture, situated the metropolitan pleasure garden, a place of whimsy and fantastical reasoning, (...) as a realm of trial that presumed eventual utility and application to large-scale husbandry. Such views informed relationships between fanciful trials, speculative proposals, and presumptions of future utility in the development of the persona of the philosophical gardener and attendant notions of experimental philosophy over the course of the century. (shrink)

We study two ideals which are naturally associated to independent families. The first of them, denoted \, is characterized by a diagonalization property which allows along a cofinal sequence of stages along a finite support iteration to adjoin a maximal independent family. The second ideal, denoted \\), originates in Shelah’s proof of \ in Shelah, 433–443, 1992). We show that for every independent family \, \\subseteq \mathcal {J}_\mathcal {A}\) and define a class of maximal independent families, to which we refer (...) as densely maximal, for which the two ideals coincide. Building upon the techniques of Shelah we characterize Sacks indestructibility for such families in terms of properties of \\) and devise a countably closed poset which adjoins a Sacks indestructible densely maximal independent family. (shrink)

Definition of the problemThe article addresses the relationship between reproduction, time and the good life. Services offered by reproductive medicine and conceptions of the good life in time influence each other reciprocally. This interaction is characterised by implicit and explicit normative settings and expectations of appropriate temporality.ArgumentsWe first discuss the significance of time for the life course and for parenthood from a sociological and social psychological perspective. Reproductive medicine can increase the options for becoming a parent and thus for life-time (...) autonomy. However, in the context of societal imperatives for optimisation and efficiency, it can also have opposite effects and increase heteronomy. Overall, this leads to changed forms of adaptation and self-determination, new dilemmas and ambivalences in the temporal optimisation of parenthood.ConclusionsAgainst this background, we explain how the ethics of reproductive medicine could benefit from interdisciplinary research that focuses on life in its temporal course. (shrink)

Using countable support iterations of S-proper posets, we show that the existence of a definable wellorder of the reals is consistent with each of the following: , and.

Im Beitrag werden Veränderungen der Kommunikation durch digitale Medien, ihre psychischen Bedeutungen und Folgen, u. a. anhand von empirischen Befunden zu Social-Media-Praktiken von Jugendlichen und von Eltern thematisiert. Bezugsrahmen der Analyse sind dabei kulturelle Wandlungen sowie soziale und psychische Bedeutungen von Aufmerksamkeit: geteilte Aufmerksamkeit als ein Kern der Kommunikation, aber auch die für psychische Entwicklung notwendige geschenkte, für den anderen oder für anderes offene Aufmerksamkeit als ein wesentliches Moment der Zuwendung, Empathie und Bezogenheit – im Gegensatz zu selbstbezogener Aufmerksamkeit und (...) instrumenteller Aufmerksamkeitslenkung. Überdies werden Folgen fragmentierter Aufmerksamkeit, wie sie aus der Überlagerung von Online- und Offline-Kommunikation resultiert, für psychische Entwicklungen betrachtet. (shrink)

Health care often involves ethically difficult situations that may disquiet the conscience. The purpose of this study was to develop a questionnaire for identifying various perceptions of conscience within a framework based on the literature and on explorative interviews about perceptions of conscience (Perceptions of Conscience Questionnaire). The questionnaire was tested on a sample of 444 registered nurses, enrolled nurses, nurses’ assistants and physicians. The data were analysed using principal component analysis to explore possible dimensions of perceptions of conscience. The (...) results showed six dimensions, found also in theory and empirical health care studies. Conscience was perceived as authority, a warning signal, demanding sensitivity, an asset, a burden and depending on culture. We conclude that the Perceptions of Conscience Questionnaire is valid for assessing some perceptions of conscience relevant to health care providers. (shrink)

The aim of this book is to provide a comprehensive guide to the metaphysics of Bohmian mechanics. Bohmian mechanics is a quantum theory that describes the motion of particles following trajectories that are determined by the quantum wave-function. The key question that the theory has to face relates to the ontological interpretation of the quantum wave-function. The main debate has mostly centered around two opposing views, wave-function realism on the one hand, and the nomological view on the other hand. The (...) supporters of the former believe that the wave-function is a physical field living in a high-dimensional space; the supporters of the latter regard the wave-function as just an entity that appears in the laws of nature and lacks physical status. This monograph discusses both views open-mindedly, illuminating their tacit problems and providing new insight into how they can be overcome. Moreover, it discusses the structuralist view, which is often neglected and which can be regarded as a reconciliation of the two main opposing camps. (shrink)

The replication crisis has spawned discussions on the meaning of replication. In fact, in order to determine whether an experiment fails to replicate, it is necessary to establish what replication is. This is, however, a difficult task, as it is possible to attribute different meanings to it. This paper offers a solution to this problem of ambiguity by engineering a concept of replication that, if compared to other proposals, stands out for being not only broadly applicable but also sufficiently specific. (...) It features a minimal level of operationalism, which would otherwise limit its applicability, while it heavily relies on replication’s specific epistemic functions, which are inter-disciplinary. Another merit is its context sensitivity, which enables it to differentiate instances of replication from non-instances of replication in every scientific discipline according to the discipline’s own standards. (shrink)

We study the set of possible sizes of maximal independent families to which we refer as spectrum of independence and denote \\). Here mif abbreviates maximal independent family. We show that:1.whenever \ are finitely many regular uncountable cardinals, it is consistent that \\); 2.whenever \ has uncountable cofinality, it is consistent that \=\{\aleph _1,\kappa =\mathfrak {c}\}\). Assuming large cardinals, in addition to above, we can provide that $$\begin{aligned} \cap \hbox {Spec}=\emptyset \end{aligned}$$for each i, \.

We show that is consistent with the existence of a -definable wellorder of the reals and a -definable ω-mad subfamily of [ω]ω.

The main target of this study is to make a comparative analysis between the presence or absence of historical thinking competencies in the official curricula of Gymnasieskola (Sweden) and Bachillerato (Spain). To reach this goal, a mixed instrument was designed, both qualitative and quantitative, to analyze the offical documents. The results show a great presence of “historical consciousness” in the case of Sweden and the use of historical sources and evidences in the case of Spain.

Incest is a crime in most societies. In the United States, incest is punishable in almost every state with sentences going as far as 20 and 30 years in prison, and even a life sentence. Yet the reasons traditionally proffered in justification of criminalization of incest—respecting religion and universal tradition; avoiding genetic abnormalities; protecting the family unit; preventing sexual abuse and sexual imposition; and precluding immorality—at a close examination, reveal their under- and over-inclusiveness, inconsistency or outright inadequacy. It appears that (...) the true reason behind the long history of the incest laws is the feeling of repulsion and disgust this tabooed practice tends to evoke in the majority of population. However, in the absence of wrongdoing, neither a historic taboo nor the sense of repulsion and disgust legitimizes criminalization of an act. (shrink)

Comprehensive regulatory changes brought on by recent corporate governance reforms have broadly redefined and re-emphasized the roles and responsibilities of all the participants in a public company’s financial reporting process. Most notably, these reforms have intensified scrutiny of corporate audit committees, whose role as protectors of investors’ interests now attracts substantially higher visibility and expectations. As a result, audit committees face the formidable challenge of effectively overseeing the company’s financial reporting process in a dramatically changed – and highly charged – (...) corporate governance environment. This paper discusses the new expectations of audit committee responsibilities and effectiveness in the wake of corporate governance reforms, key challenges, “whistleblower” provisions and shortcomings, and provides some directions for future research. (shrink)