This article deals with the question about the conditions for someone to call something ‘fake news’. It examines cases in which something is called fake news and analyses these cases from an ordinary language point of view as speech acts. Doing so, the analysis explains fake news as the expression of a dissent. The analysis avoids problems of recent attempts to provide a definition of fake news and argues against the view that fake news belong to a so-called post-truth era. (...) The conclusion of the article is that it is not possible to call something fake news without having unyielding convictions about the truth. (shrink)

On October 31, 1994, it was announced that a confidential settlement had been reached in Doe v. Kohn, Nast & Graf, P.C., et al., 862F. Supp. 1310 ). The settlement in ths widely publicized AIDS discrimination case came three weeks after the trial began in the District Court for the Eastern District of Pennsylvania, Nov. 2, 1994, at 10).Plaintiff Doe, an associate employed at Kohn, Nast & Graf, a prominent law firm in Philadelphia, filed an AIDS discrimination case under the (...) Americans with Disabilities Act against his employer claiming that the firm fired him in March 1993 because he was HIV-positive. Doe's complaint also cited claims under ERISA and other Pennsylvania employment laws. (shrink)

This paper's purpose is to set forth the conditions of explanation in the domain of formal modelling of social action. Explanation is defined as an adequate account of the underlying factors bringing about a phenomenon. The modelling of a social phenomenon can claim explanatory value in this sense if the following two conditions are fulfilled. (1) The generative mechanisms involved translate the effects of real factors abstracted from their phenomenal context, not those of purely ideal ones. (2) The (...) explanatory hypotheses, which account for the effects of explanatory factors, and the purely descriptive hypotheses, which introduce conceptual simplifications and summarise complex secondary mechanisms, are relatively independent from each other with regard to the phenomenon represented. This condition subjects the model to testing by alternatives through the development of purely descriptive hypotheses in the sense of explanatory or analytical realism. (shrink)

This paper argues that to understand the varieties of wrongs done in coercion, we should examine the dynamic normative relation that the coercer establishes with the coerced. The case rests on a critical examination of coercion by threat, which is proved irreducible to psychological inducement by overwhelming motives, obstruction of agency by impaired consent or deprivation of genuine choice. In contrast to physical coercion, coercion by threat requires the coercee’s participation in deliberation to succeed. For this kind of coercion to (...) be successful, there must be a normative relation established by the coercer and the coercee, in which they recognize each other as rational agents. In such cases, the coercee is wronged in the exercise of her deliberative powers. As a consequence, this form of coercion does not cancel the coercee’s moral responsibility for coerced action. Reclaiming the coercee’s responsibility for action under threat does not diminish the visibility and gravity of the coercer’s wrongdoing. On the contrary, it allows us to capture some features of the coercive relation that otherwise remain unfocused and thus identify the distinctive ways in which the coercee is wronged. (shrink)

The United States District Court of Kansas, in Gudenkauf v. Stauffer, Znc., granted the defendants motion for summary judgment for the plaintiff's claims of pregnancy-related discrimination under the Americans with Disabilities Act and the Family and Medical Leave Act of 1993, but the court denied a similar motion for the plaintiff's claim under the Pregnancy Discrimination Act. The court found summary judgment to be appropriate for the ADA claim based on its finding that the plaintiff's pregnancy did not (...) constitute an impairment as required by the statute; as for the FMLA claim, it determined that the defendants failure to grant the plaintiff's leave request did not violate the statute. However, the court determined that summary judgment was inappropriate for the PDA claim because of material questions of fact about whether the defendant had acted with discriminatory intent.In considering the motions for summary judgment, the court accepted the following facts as incontrovertible. Plaintiff Michaela Gudenkauf worked for the defendant Stauffer, Inc. (shrink)

Peter Brugger & Kirsten Taylor regard positive extrasensory perception test results as methodical artifacts. In their view, sequences of guessing, e.g. of symbol cards, being non-random, overlap with finite sequences of non-random targets, and surpluses of hits from chance are deemed to be due to correlated non- randomness. The present author's ESP test data obtained from his 'ball drawing test ' applied with N = 231 psychology majors were used for testing five hypotheses derived from B&T's claims. B&T would expect (...) increased hit rates by intra-systemic pattern correlation of both guesses with guesses and targets with targets which are most favourable conditions for B&T's matching mechanism. But hit rates do not increase under such conditions, they decrease significantly. Moreover, Brugger's 1992 result does not replicate. B&T's 'deadly blow' directed at parapsychology turns out to be a boomerang. The authors wanted to get a 'phantom slain'. They got one slain - their own. (shrink)

The Indiana Court of Appeals, in JKB, Sr. v. Armour Pharmaceutical Co. ), held that the state's Blood Shield Act does not protect pharmaceutical companies that produce blood-derived products from product liability suits based on injuries attributable to tainted blood supplies. Blood shield statutes help to guarantee adequate blood supplies by limiting the liability of blood banks. This holding limits the defenses available to pharmaceutical companies sued under product liability theory.The defendant, Armour Pharmaceutical, produces and sells clotting factor agents, which (...) are derived through plasmapheresis. Plasmapheresis is a costly and complex donation process through which the plasma and red blood cells of a donor's blood are separated. After separation, the process returns the red blood cells to the donor but retains the plasma. (shrink)

In 1939, under pressure to take a more definitive political position, the editors of the literary journal Scrutiny, under the leadership of F. R. Leavis, convened a symposium titled “The Claims of Politics,” on the question of whether political advocacy had a place in a journal dedicated to literature and the arts. This remains a salient question to the present day. This paper considers the circumstances that led to the symposium and specifically considers the contribution of conservative political philosopher Michael (...) Oakeshott and his position that the introduction of politics into the arts would serve neither well. (shrink)

God Never ChangesOr does he? God has been getting a makeover of late, a "reinvention" that has incited debate and troubled scholars and laypeople alike. Modern theological sectors as diverse as radical feminism and the new “open theism” movement are attacking the classical Christian view of God and vigorously promoting their own images of Divinity.God Under Fire refutes the claim that major attributes of the God of historic Christianity are false and outdated. This book responds to some increasingly popular (...) alternate theologies and the ways in which they cast classical Christian theism in a negative light. Featuring an impressive cast of world-class biblical scholars, philosophers, and apologists, God Under Fire begins by addressing the question, “Should the God of Historic Christianity Be Replaced?” From there, it explores issues as old as time and as new as the inquest into the “openness of God.” How, for instance, does God risk, relate, emote, and change? Does he do these things, and if so, why? These and other questions are investigated with clarity, bringing serious scholarship into popular reach.Above all, this collection of essays focuses on the nature of God as presented in the Scriptures and as Christians have believed for centuries. God Under Fire builds a solid and appealing case for the God of classical Christian theism, who in recent years—as through the centuries—has been the God under fire. (shrink)

The United States Court of Appeals for the Seventh Circuit held, in Murrey v. United States ), that claims for a physician's failure to obtain a patient's informed consent are not barred by the Federal Tort Claims Act as a species of misrepresentation. The court further held that the claim was not barred by the failure to include the issue of informed consent in the administrative claim. This decision reduces the burden on plaintiffs to state every cognizable (...) class='Hi'>claim consistent with the facts in an administrative proceeding; the failure to do so would prevent them from raising the claim in court.The patient, Thomas Murrey, a sixty-eight-year-old U.S. veteran, sought treatment at a Veteran's Administration hospital in North Chicago, Illinois. VA doctors diagnosed him with prostate cancer, and advised him to undergo surgery to remove his entire prostate. (shrink)

"You are really getting under my skin!" This exclamation suggests a series of psychological, philosophical, and metaphysical questions: What is the nature and development of human emotion? How does emotion arise in social interaction? To what extent can interactive situations shape our embodied selves and intensify particular affective states? With these questions in mind, William James begins to investigate the character of emotions and to develop a model of what he terms the social self. James's studies of mimicry and his (...) interest in phenomena now often investigated using biofeedback begin to explain how affective states develop and how it might be possible for something to "get under one's skin." I situate these studies in the history of psychology between the psychological schools of structuralism and behaviorism. More important, I suggest continuity between James's Psychology and recent research on mirror neurons, reentrant mapping, and emotional mimicry in the fields of clinical psychology and cognitive neuroscience. This research supports and extends James's initial claims in regard to the creation of emotions and the life of the social self. I propose that James's work in the empirical sciences should be read as a prelude to his metaphysical works that speak of a coordination between embodied selves and wider environmental situations, and his psychological studies should be read as a prelude to his reflections on spiritual transcendence. (shrink)

As Hume famously claimed, we are nowhere more free than in our imagination. While this feature of imagination suggests that imagination has a crucial role to play in modal epistemology, it also suggests that imagining cannot provide us with any non-modal knowledge about the world in which we live. This chapter rejects this latter suggestion. Instead it offers an account of “imagining under constraints,” providing a framework for showing when and how an imaginative project can play a justificatory role with (...) respect to our beliefs about the world. That we can be free in our imaginings does not show that they must proceed unfettered; as is argued, our ability to constrain our imaginings in light of facts about the world enables us to learn from them. The important upshot is that imagination has considerably more epistemic significance than previously thought. (shrink)

Business ethics seeks to apply diverse ideas about ‘right’ and ‘wrong’, the ‘good life’ and the ‘good society’ to the decisions, attitudes and behaviour of people and institutions in profit-making business, and it does so in order to understand or evaluate, and to improve. In the broad sense, this has been a millennial activity, coterminous with the very existence of ‘business’ , and it has gone on under diverse rubrics including those of social ethics, social thought, political economy or economic (...) ethics, and within the disciplines of history, literature, sociology and politics. In the 20th century, and especially since the 1960s, a narrower-gauge subject has employed ‘business ethics’ as its explicit title.This has developed its own literature, journals and courses, academics, experts, networks and promoting bodies, usually within business schools or management studies, and with a markedly pedagogic or even ‘missionary’ tone. It is this more explicit, institutionalized and in a sense more ‘proprietary’ stream of ‘business ethics’ that I intend to criticize in this paper. Let us call it ‘conventional business ethics’ . I believe that this subject makes unwarranted claims for itself, while remaining somewhat insular and neglecting fundamental issues vital to ‘business ethics’ in the wider sense, and that it badly needs reconstruction.My criticisms are threefold and partly interrelated. They apply in varying degrees to all the current approaches, whether substantive or procedural in emphasis, whether related to utilitarian, deontological or other traditions in ethics, whether structured around social values, policy areas, management functions or stakeholder groups, and whether ‘problem-solving’ or more wisdom encouraging or ‘philosophical’. My first charge is of a-historicity. Far from ‘currentism’ assisting realism, it shortchanges proper empirical understanding of business persons, firms, sectors and decisions. My second charge is of a weak approach to the methods of ‘improvement’; a narrow view of the dynamics of desirable change. My third charge relates to a grave neglect of socio-political issues of mainly collective business influence. At issue here is a problem of micro market entrapment. Some of the most central ethical problems of business behaviour and belief are thereby bypassed, those relating to overall business roles, power and resources. (shrink)

In United States ex rel. Quirk v. Madonna Towers, Inc., the U.S. Court of Appeals for the Eighth Circuit held that the failure of a skilled nursing facility's executives to seek a legal opinion regarding a billing practice they considered valid did not meet the definition of knowingly presenting a false claim for payment to the federal government under the False Claims Act. Alleging that the facility that provided care to his aunt fraudulently submitted claims to Medicare for services (...) provided free of charge, the appellant brought this case qui tam on behalf of the federal government under the FCA.The FCA was passed by the legislature in an effort to punish and deter fraud against the federal government. It provides financial incentives for private individuals to come forward with information about fraudulent activity. (shrink)

This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts (...) to find a balance for those concerns with the view of personhood offered that should engage current debates about abortion and women’s rights. (shrink)

In patent law most of the crucial legal questions such as patentability and infringement are linked to the patent claims. The European Patent Office regards patent claims as a set of independent features which are examined separately in a more or less formal way. The author has found that this approach allows for developing a simple mathematical model which treats patent claim features as logical statements and patent claims as compound statements wherein the individual statements are connected by logical (...) connectives. The proposed mathematical model provides a uniform system for examining various legal questions that are dealt with separately under current case law, moreover, it allows for developing an expert system for resolving complex legal situations and for automating the evaluation of a large number of patent claim variants that is currently not possible. (shrink)

Post‐Marxist critical sociology of education has influenced the development of indigenous (‘kaupapa’) Maori educational theory and research. Its effects are examined in four claims made for Maori education by indigenous theorists. The claims are: indigenous kaupapa Maori education is a revolutionary initiative; it is a cultural solution to Maori educational under‐achievement; it has reversed the decline of the Maori language; it provides a valid educational alternative for an ethnically and culturally distinctive population. The analysis suggests that the indigenous theory approach (...) is representative of the position‐taking strategy that characterises post‐Marxist critical sociology of education, concluding that claims made in kaupapa Maori voice discourse are not supported by the empirical evidence which indicates a more complex social reality. (shrink)

One finds throughout the history of philosophy repeated though apparently unsuccessful attempts to decide upon the nature or essence of language. This is not a trivial problem. When philosophers themselves have tried to resolve it they seem inevitably to postulate some nonovert level of linguistic form which is more basic to language than its overt grammatical forms. Now linguists have become involved in making similar claims. This is in large measure due to Noam Chomsky’s revolutionary work in transformational generative grammar, (...) research which has lead to a new conception of the goals and nature of linguistic theory. Whatever might be the ultimate fate of Chomsky’s own proposals concerning the nature of language, his insistence on descriptive precision and on theoretically sophisticated models in linguistics will remain paradigmatic. What is in fact most revolutionary about transformational linguistics is not the construction of precise and detailed grammars per se, but the parallel claim that there exist underlying realities of language which to a large extent dictate its overt form and content. For Chomsky these realities are part of the deep structure of language. Although other linguists do not share his view that there is an exclusively syntactically based deep structure, transformationalists generally do agree that there is some linguistic level underlying surface structure which accounts for it. Disagreement exists over the nature of this underlying reality, and it is on this issue that linguistics has a significant point of contact with philosophy. (shrink)

The liability regime for officers and directors of German companies combines strict and lenient elements. Officers and directors are liable for simple negligence, they bear the burden of proof for establishing diligent conduct, and they are liable for unlimited damages. These elements are worrisome for the reason that managers are confronted with the full downside risk of the enterprise even though they do not internalize the benefits of the corporate venture. This overly strict regime is balanced by other features of (...) the regime, namely comprehensive insurance and systematic under-enforcement. Even though the authority to enforce claims against the management is divided between three different actors - the supervisory board, the shareholders assembly, and individual shareholders - enforcement has remained the exception. Furthermore, under the current system of Directors’ and Officers’ liability insurance, board members do not feel the bite of liability as they are protected by an insurance cover that is contracted and paid for by the corporation. Thus, the current German system may combine the worst of two worlds, i.e., the threat of personal liability for excessively high amounts of damages in exceptional cases, and the practical irrelevance of the liability regime in run-of-the-mill cases. The present Article analyzes the shortcomings of the present regime and submits proposals for reform. (shrink)

Russo and Williamson put forward the following thesis: in order to establish a causal claim in medicine, one normally needs to establish both that the putative cause and putative effect are appropriately correlated and that there is some underlying mechanism that can account for this correlation. I argue that, although the Russo-Williamson thesis conflicts with the tenets of present-day evidence-based medicine, it offers a better causal epistemology than that provided by present-day EBM because it better explains two key (...) aspects of causal discovery. First, the thesis better explains the role of clinical studies in establishing causal claims. Second, it yields a better account of extrapolation. (shrink)

Ever since the U.S. Attorney General named health care fraud as the government's second highest priority after violent crime, the government has cracked down on health care fraud and abuse. Some of this crackdown has been needed. The General Accounting Office estimates that as much as 10 percent of all government expenditures on health care are being siphoned out of the system because of fraud or abuse.The extreme measures taken to curb health care abuse have raised eyebrows, however. The American (...) Medical Association and the American Hospital Association both have been vocal in their disapproval, describing the current enforcement initiative as “absolutely out of control.” The associations even went so far as to file suit to enjoin the government's actions. (shrink)

The theory of this article is that the attitude to illegality has so dramatically changed that it is no longer possible, except in extreme cases, to say that illegality as such is a defense to restitutionary claims arising under illegal contracts. The objection to an otherwise good action in unjust enrichment is not illegality but stultification: to recognize an entitlement to restitution would make nonsense of the refusal to enforce the contract. It is true that the restitutionary action nearly always (...) does prima facie have this stultifying tendency, for it will often operate as a safety net reducing the risks of illegal dealing or as a lever indirectly enforcing the illegal contract. However, this stultifying tendency can be neutralized by restricting the class of plaintiffs able to bring the restitutionary action and can be overridden if the effect of denying the restitutionary action would be to perpetrate a greater evil, as for instance by inflicting a wholly disproportionate penalty for the illegality. A stultification is an inexplicable contradiction. In cases such as these the seeming stultification is explained away. Restitution can then be allowed. (shrink)

In this article, I propose a systematization of various aspects of Bildung-supportive teaching, as described in the context of German-language general didactics. I start by describing teaching as the basic form of education in which one person helps another to acquire knowledge. I then clarify the concept of Bildung. It is suggested that Bildung be understood as a process in which an individual deals self-actively with the world and thereby develops a multi-dimensioned ability to self-determination under the claim of (...) morality. Finally, against this background, I develop a description for Bildung-supportive teaching. The proposed answer: teaching aims to support the development of independence of thought; summons the student to deal with teaching contents that reveal potential present and future relevance as well as exemplary significance; and it draws the student into the practice of giving and asking for reasons, in order to trigger activities of recognition, valuation and radical consideration. (shrink)

The author argues that in spite of its pro-European makeup, the AKP stands within the tradition of political Islam. The party supports Turkey’s integration with the EU, foreign investments and privatization, but at the same time it undermines secularism, the fundamental constitutional principle of the Turkish state. It uses its pro-Western rhetoric and pro-business attitude as an instrument to achieve its political goals. It attempts to replace the secular identity of Turkey with an Islamic religious identity. It thus opens the (...) gate for the country’s complete transformation, from a secular to a religious state. Without secularism that the Kemalist establishment defends, Turkey will be neither democratic nor truly pro-European. Hence, the author claims, the AKP does not deserve the support it gets from the Western press and EU politicians. (shrink)

As a first shot, one might say that environmental ethics is concerned distinctively with the moral relations that exist between, on the one hand, human beings and, on the other, the non-human natural environment. But this really is only a first shot. For example, one might be inclined to think that at least some components of the non-human natural environment have independent moral status, that is, are morally considerable in their own right, rather than being of moral interest only to (...) the extent that they contribute to human well-being. If so, then one might be moved to claim that ethical matters involving the environment are best cashed out in terms of the dutes and responsibilities that human beings have to such components. If, however, one is inclined to deny independent moral status to the non-human natural environment or to any of its components, then one might be moved to claim that the ethical matters in question are exhaustively delineated by those moral relations existing between individual human beings, or between groups of human beings, in which the non-human natural environment figures. One key task for the environmental ethicist is to sort out which, if either, of these perspectives is the right one to adopt—as a general position or within particular contexts. I guess I don’t need to tell you that things get pretty complicated pretty quickly. (shrink)

In this article, Paul's use of the Old Testament in 1 Corinthians 10:1-4 comes under scrutiny. In contrast with the theory of some modern scholars that Paul uses, 'fanciful analogies', 'startling figurative claims' and metaphors that 'should not he pressed', in reaching his conclusion that 'the rock was Christ', in 1 Corinthians 10:4c, it is indicated that Paul is indeed taking the original text, the Old Testament's interpretation of the text, and the Jewish tradition of the interpretation of the text, (...) seriously, in the light of the Christ-event. To prove this claim, research of the text, that Paul uses in 1 Corinthians 10:1-4, is followed by research of the 'world in front of that text'.CONTRIBUTION: The conclusion that is reached indicates that Paul established within the context of contemporary Jewish practices, a true dialogical relationship between an intertextual handling of the text, and his interpretation thereof in the light of the relevance of the Christ-event for the conflict in the Church of Corinth. (shrink)

Since the early eighties, computationalism in the study of the mind has been “under attack” by several critics of the so-called “classic” or “symbolic” approaches in AI and cognitive science. Computationalism was generically identified with such approaches. For example, it was identified with both Allen Newell and Herbert Simon’s Physical Symbol System Hypothesis and Jerry Fodor’s theory of Language of Thought, usually without taking into account the fact ,that such approaches are very different as to their methods and aims. Zenon (...) Pylyshyn, in his influential book Computation and Cognition, claimed that both Newell and Fodor deeply influenced his ideas on cognition as computation. This probably added to the confusion, as many people still consider Pylyshyn’s book as paradigmatic of the computational approach in the study of the mind. Since then, cognitive scientists, AI researchers and also philosophers of the mind have been asked to take sides on different “paradigms” that have from time to time been proposed as opponents of (classic or symbolic) computationalism. Examples of such oppositions are: -/- computationalism vs. connectionism, computationalism vs. dynamical systems, computationalism vs. situated and embodied cognition, computationalism vs. behavioural and evolutionary robotics. -/- Our preliminary claim in section 1 is that computationalism should not be identified with what we would call the “paradigm (based on the metaphor) of the computer” (in the following, PoC). PoC is the (rather vague) statement that the mind functions “as a digital computer”. Actually, PoC is a restrictive version of computationalism, and nobody ever seriously upheld it, except in some rough versions of the computational approach and in some popular discussions about it. Usually, PoC is used as a straw man in many arguments against computationalism. In section 1 we look in some detail at PoC’s claims and argue that computationalism cannot be identified with PoC. In section 2 we point out that certain anticomputationalist arguments are based on this misleading identification. In section 3 we suggest that the view of the levels of explanation proposed by David Marr could clarify certain points of the debate on computationalism. In section 4 we touch on a controversial issue, namely the possibility of developing a notion of analog computation, similar to the notion of digital computation. A short conclusion follows in section 5. (shrink)

I find (as others have found) that question-begging is formally valid but rationally unpersuasive. More precisely, it ought to be unpersuasive, although it can often persuade. Despite its formal validity, question-begging fails to establish its conclusion; in this sense it fails under a classical or foundationalist model of argument. But it does link its conclusion to its premises by means of acceptable rules of inference; in this sense it succeeds under a non-classical, non-foundationalist model of argument which is spelled out (...) in the essay. However, even for the latter model question-begging fails to link the conclusion to premises that the unconvinced would find more acceptable than the conclusion. The essay includes reflections on the conditions under which the circularity of mutually supporting claims can avoid question-begging and legitimately be persuasive. (shrink)

The House of Lords ruled in R v Howe (1987) that Duress is not a defence to murder in English law. Some of the central arguments rested on a simple view about the nature of duress and the way in which duress is relevant in moral evaluation. This paper discusses legal and non-legal senses of duress, and argues that duress can be relevant to moral evaluation in a number of different ways. Some acts under duress are morally justified (here the (...) defence of Duress is like that of Necessity) and some others are excusable; some excuses deny full responsibility on the part of the agent (here Duress is more like Provocation) and others do not. The judicial description of duress in Howe is too specific to notice this, with the consequence that some of the central claims made in dismissing Duress as a defence to murder are confused. (shrink)

Too often, the right to healthcare has been considered an illusory right that is not even a legal right, but merely an aspirational norm that cannot be adjudicated before the court. In modern human rights law, considering individual and social rights as interdependent and indivisible, such an approach is untenable. Both legal doctrine and recent case law from domestic and international courts have elaborated and confirmed the specific obligations under the right to healthcare, countering the general complaint of “shrouded vagueness”. (...) Landmark cases have even provided a functional remedy to enforce individual healthcare claims successfully. This paper will examine the revised legal status and content of such a right to healthcare from a European perspective. (shrink)

In a response to two essays by Jan Zwicky on “lyric philosophy,” this piece questions whether there are positions that cannot be fully articulated in conventional, linear prose without contradiction and, if so, whether or in what sense they can be considered philosophical positions. Zwicky's experimental deployment of polyphonic textual structures to render her conception of a patterned and resonant whole is, Hobbs argues, part of a tradition, going back to ancient Greece, of radical philosophers struggling to express themselves without (...) pragmatic self-refutation. In particular, Hobbs explores Zwicky's acknowledged debt to the paradoxes and aphorisms of Heraclitus, in whose thought the “backward-turning connection” of the lyre plays a central role. Hobbs suggests that, although both Heraclitus and Zwicky use language to stimulate profound changes in the reader's perception, understanding, and ethical outlook, there are important divergences in their projects: Zwicky assumes that humans have access to the resonant whole, while Heraclitus chooses to write in paradoxes partly in order to highlight the inevitable limitations of mortal knowledge of the Logos, which is known fully only to god. Zwicky's depiction of a generalized “analytic” philosopher may also be thought oversimplified: few analytic philosophers, if any, would claim that meaning can only be “linguistic in form,” and it is unclear what is meant by “technocratically acceptable prose.” Nevertheless, Zwicky's claim that the practice of philosophy is “better understood as an exercise of attention disciplined by discernment of the live, metaphorical relation between things and the resonant structure of the world” is an important one, and the challenges that it poses to our conceptions of what philosophy is and how to write it are not ones that should be ignored. (shrink)

All is vanity, we learn early in Ecclesiastes. This is motivated by the mysterious aphorism that there is nothing new under the sun. But what does it mean to say that there is nothing new under the sun? One might interpret this as a statement of the Eternal Return of the past. Alternatively, one could understand it as a statement what we call the Eternal Withering of the past. Eternal Withering is the view that the present draws from the past (...) but not all of the past repeats. We argue that Eternal Withering motivates the claim that all is vanity. We then show how this interpretation can help us explain the positive practical suggestions in Ecclesiastes. (shrink)

My primary aim in this paper is to outline a quasi-realist theory of aesthetic judgement. Robert Hopkins has recently argued against the plausibility of this project because he claims that quasi-realism cannot explain a central component of any expressivist understanding of aesthetic judgements, namely their supposed ‘autonomy’. I argue against Hopkins’s claims by contending that Roger Scruton’s aesthetic attitude theory, centred on his account of the imagination, provides us with the means to develop a plausible quasi-realist account of aesthetic judgement. (...) Finally, I respond to two recent attempts to discredit the validity of the notion of aesthetic autonomy. I claim that both fail adequately to address the underlying non-realist motivations and justifications for maintaining the principle. (shrink)

Labioplasty is a surgical procedure performed to alter the size and shape of the labia minora. The reasons for women requesting this procedure remain largely unknown and recently girls and young women under the age of 18 years have been requesting this type of surgery. This paper examines the ethical acceptability of performing this procedure on under 18s. We will first discuss whether labioplasty can be considered to be a therapeutic technique. We will claim that, while it is difficult (...) to offer a definitive definition of what constitutes a therapeutic technique, in our view labioplasty cannot be considered as such. This conclusion has relevance for the ethical acceptability of the procedure, its legal status in regard to the Female Genital Mutilation Act and the debates over who can give consent for it. It will be concluded that in our current state of knowledge, the benefits of labioplasty are far from clear, whereas the harms are demonstrable and therefore this procedure should not be offered to those aged under 18 years. (shrink)

Just institutions have claims on us. There are two reasons for thinking that such claims are warranted. First, one may believe that we are under a natural duty of justice to support and further just institutions. If one believes that it matters whether institutions are just, one also has a reason, almost as a matter of consistency, to support and further just institutions. Second, one may believe that by enjoying the benefits brought about by cooperation through just institutions, one incurs (...) an obligation to support these institutions. Those who accept and enjoy the benefits brought about by cooperation through a just scheme are under an obligation of fairness to reciprocate. But what happens to these reasons to support and comply with an institution if the scheme of cooperation is less than fully just? There is hardly a real-world institution, policy, or scheme of social cooperation that would qualify as fully just. However, questions about obligations of fairness and duties of justice under conditions of injustice have hitherto suffered relative neglect. I shall outline an overall framework for thinking about these questions by asking what the victims of injustice owe to moderately unjust institutions. (shrink)

Challenging the claim that democracy is a means to an end rather than an important value in and of itself.

This article offers a new theory about how using lotteries to distribute scarce benefits satisfies beneficiaries' claims. In the first section of the article I criticize John Broome's view and on the basis of these criticisms set out four desiderata for a philosophically adequate account of claim satisfaction by lottery. In section II I propose and defend a new view called the dual structure view, so called because it posits that claimants have two types of claims in the relevant (...) scarce benefit distribution cases under discussion. This view meets all the desiderata set out in section I. Section III draws out the practical implications of my view for a variety of temporally extended cases, including the distribution of corneas to patients who have suffered corneal degeneration. (shrink)

Trump’s foreign policy outlook and his rhetorical predispositions suggest that the American foreign policy is about to undergo drastic changes in terms of substance matter of policy. The arrival of Trump at the helm of affairs has built a conventional perception of gradual American retreat from the Obama’s rebalancing policy and its pacific-centric outlook. Any abrupt change in this policy of rebalancing will have serious repercussions for the regional economic, political and security architecture designed by America since world-war II. In (...) this context, Offensive Realism, that takes system level variables as the primary determinants of foreign policy of great powers, offers a valuable framework to understand and explain the future course of Obama’s policy of rebalancing under the incumbent administration. To this end, this article is aimed at delving into the theoretical and historical reservoirs related to the US foreign policy along with the current practices of Trump administration to test the claims of continuity or transformation in the US foreign policy of rebalancing in the Asia Pacific region. This article asserts that Obama’s rebalancing policy would continue in the future with certain tactical adjustments related to the implementation of policy. (shrink)

The essay responds to a challenge posed by Vanessa MacDonnell and examines the question of stability and change under the global model of constitutional rights. Constitutionalism offers the promise of both stability and justice, but it may seem that there will often be a tension between these values. While some have accused the global model, and in particular proportionality, of overemphasizing justice at the cost of stability, MacDonnell claims that it underemphasizes the necessity of social change. In this response, I (...) argue that in the long run the push for social change and towards justice can be realized only when there is also a certain stability, namely the stubborn democratic insistence that any state action must be reasonably justifiable to those affected by it in terms of their freedom and equality. This conviction lies at the core and will be reinforced by the endorsement of the global model of constitutional rights. (shrink)

It is supposed that any scientific theory (here we consider physical theories only) has an underlying logic, even if it is not made explicit. The role of the underlying logic of a theory T is mainly to guide the proofs and the accepted consequences of the theory’s principles, usually described by its axioms. In this sense, the theorems of the underlying logic are also theorems of the theory. In most cases, if pressed, the scientist will say that (...) the underlying logic of most physical theories is classical logic or some fragment of a set theory suitable for accommodating the theory’s mathematical and logical concepts. We argue that no physical theory and no philosophical discussion on the basis of the theory should dismiss its underlying logic, so the arguments advanced by some philosophers of physics in that certain entities (the considered case deals with quantum entities) can be only weakly discerned or be just ‘relationals’ and that they cannot be absolutely identified by a monadic property, are fallacious if one remains within a ‘standard’ logico-mathematical framework, grounded on classical logic. We also discuss the claim that some properties (as those that came from logic) would be ‘illegitimate’ for discerning these entities is not justifiable. Thus, this paper may be interesting for logicians, physicists, and philosophers. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)