This essay examines the strategies that Berkeley and Dharmakirti utilize to deny that idealism entails solipsism. Beginning from similar arguments for the non-existence of matter, the two philosophers employ markedly different strategies for establishing the existence of other minds. This difference stems from their responses to the problem of intersubjective agreement. While Berkeley's reliance on his Cartesian inheritance does allow him to account for intersubjective agreement without descending into solipsism, it nevertheless prevents him from establishing the existence of other finite (...) minds. I argue that Dharmakirti, in accounting for intersubjective agreement causally, is able to avoid Berkeley's shortcoming. I conclude by considering a challenge to Dharmakirti's use of inference that Ratnakirti, a Buddhist successor of Dharmakirti, advances in his "Disproof of the Existence of Other Minds" and briefly exploring a possible response that someone who wants to advocate an idealist position could give. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Treatise on Efficacy: Between Western and Chinese ThinkingJeremy E. HenkelA Treatise on Efficacy: Between Western and Chinese Thinking. By François Jullien, translated by Janet Lloyd. Honolulu: University of Hawai'i Press, 2004. Pp. x + 202. $22.00.In A Treatise on Efficacy: Between Western and Chinese Thinking François Jullien argues that the different ways Chinese and Western thinkers have dealt with warfare and diplomacy reflect important differences in how (...) the two cultures understand human action in the world. When Chinese texts such as the Sunzi and the Guiguzi are set up as counterpoints to the Europeans Clausewitz and Machiavelli, Jullien argues that the Aristotelian inheritance of the latter pair is shown to be the cause of their inability to provide clean theories with the consistent predictive power they desired. Chinese strategists, by contrast, meet with no such limitations in the realm of human interaction. The basic difference between Western and Chinese thought that Jullien seeks to demonstrate is that "one constructs a model that is then projected onto the situation, which implies that the situation is momentarily 'frozen.' The other relies on the situation as on a disposition that is known to be constantly evolving" (p. 189; italics in original).Jullien's regular use of the generic terms "Western" and "Chinese" in constructing his comparison will likely give many comparative philosophers pause. But this [End Page 347] need not be a source of worry, as he is careful not to essentialize the two world-views. While he is pointing out patterns and tendencies in the thinking of Europe and China, he is not positing an essential incommensurable difference between them. Rather, he is pointing out that "what remains underdeveloped in the one context is more developed in the other" (p. 145). He goes on to say, "The purpose of our foray into China is not to imagine-let alone fabricate-other 'mentalities'.... It is simply to make use of other possible sources of intelligibility" (ibid.).Jullien begins by showing that Western thought regards human action as something that imposes itself on the world in order to bring about a predetermined goal. This is a natural consequence of the belief that the world is created: belief in creation implies something existing outside that creation, thus an intention behind that creation, and thus a transcendent norm toward which things within that creation aim. This two-leveled ontology of creator and creation yields a distinction between theory and practice, wherein practice always aims-and ultimately fails-at implementing an ideal that is established by theory. This worldview has led to demonstrable success in the sciences but meets with frequent frustration in the arena of human interaction. This limitation has been recognized by strategists in the West but has never been successfully resolved.Aristotle was the first to identify and try to resolve this problem. He posited phronesis as the skill that enables an individual to apply a model to the world successfully. For Aristotle such successful action consists of first identifying one's desired end and then reasoning back to one's present situation in order to establish the best means to achieve that end. Jullien's analysis shows that Clausewitz was working with the same model more than two thousand years later. Clausewitz believed that earlier attempts at creating a general theory of warfare had failed to achieve their goal-namely, to provide a model of warfare that a general could use to ensure victory-because the opponent's actions are unpredictable. The system that the military strategist is dealing with, then, is not mechanistic, and consequently plans are easily frustrated by ever-changing circumstances. But Clausewitz was unable to conceive of strategy as based on anything other than plans.For Clausewitz, warfare is composed of distinct engagements, separate moments in time where an army seeks to impose a plan on the world. Seeing warfare as composed of distinct moments means that time is an opponent, for time brings with it change and uncertainty and thus a greater chance that one's plans will be frustrated. Opportunity, then, is something unexpected-a chance happening at a specific moment that can be taken advantage of only... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Treatise on Efficacy: Between Western and Chinese ThinkingJeremy E. HenkelA Treatise on Efficacy: Between Western and Chinese Thinking. By François Jullien, translated by Janet Lloyd. Honolulu: University of Hawai'i Press, 2004. Pp. x + 202. $22.00.In A Treatise on Efficacy: Between Western and Chinese Thinking François Jullien argues that the different ways Chinese and Western thinkers have dealt with warfare and diplomacy reflect important differences in how (...) the two cultures understand human action in the world. When Chinese texts such as the Sunzi and the Guiguzi are set up as counterpoints to the Europeans Clausewitz and Machiavelli, Jullien argues that the Aristotelian inheritance of the latter pair is shown to be the cause of their inability to provide clean theories with the consistent predictive power they desired. Chinese strategists, by contrast, meet with no such limitations in the realm of human interaction. The basic difference between Western and Chinese thought that Jullien seeks to demonstrate is that "one constructs a model that is then projected onto the situation, which implies that the situation is momentarily 'frozen.' The other relies on the situation as on a disposition that is known to be constantly evolving" (p. 189; italics in original).Jullien's regular use of the generic terms "Western" and "Chinese" in constructing his comparison will likely give many comparative philosophers pause. But this [End Page 347] need not be a source of worry, as he is careful not to essentialize the two world-views. While he is pointing out patterns and tendencies in the thinking of Europe and China, he is not positing an essential incommensurable difference between them. Rather, he is pointing out that "what remains underdeveloped in the one context is more developed in the other" (p. 145). He goes on to say, "The purpose of our foray into China is not to imagine-let alone fabricate-other 'mentalities'.... It is simply to make use of other possible sources of intelligibility" (ibid.).Jullien begins by showing that Western thought regards human action as something that imposes itself on the world in order to bring about a predetermined goal. This is a natural consequence of the belief that the world is created: belief in creation implies something existing outside that creation, thus an intention behind that creation, and thus a transcendent norm toward which things within that creation aim. This two-leveled ontology of creator and creation yields a distinction between theory and practice, wherein practice always aims-and ultimately fails-at implementing an ideal that is established by theory. This worldview has led to demonstrable success in the sciences but meets with frequent frustration in the arena of human interaction. This limitation has been recognized by strategists in the West but has never been successfully resolved.Aristotle was the first to identify and try to resolve this problem. He posited phronesis as the skill that enables an individual to apply a model to the world successfully. For Aristotle such successful action consists of first identifying one's desired end and then reasoning back to one's present situation in order to establish the best means to achieve that end. Jullien's analysis shows that Clausewitz was working with the same model more than two thousand years later. Clausewitz believed that earlier attempts at creating a general theory of warfare had failed to achieve their goal-namely, to provide a model of warfare that a general could use to ensure victory-because the opponent's actions are unpredictable. The system that the military strategist is dealing with, then, is not mechanistic, and consequently plans are easily frustrated by ever-changing circumstances. But Clausewitz was unable to conceive of strategy as based on anything other than plans.For Clausewitz, warfare is composed of distinct engagements, separate moments in time where an army seeks to impose a plan on the world. Seeing warfare as composed of distinct moments means that time is an opponent, for time brings with it change and uncertainty and thus a greater chance that one's plans will be frustrated. Opportunity, then, is something unexpected-a chance happening at a specific moment that can be taken advantage of only... (shrink)

This article builds a framework for a relational approach to segregation that emphasizes structures of interactions, transactions, and ties between and within social categories. Rather than explaining segregation with dominants imposing formal rules or homophilic people sorting themselves, I highlight segregation’s emergence amid dueling control efforts among actors with malleable categorical identities. And rather than assuming segregation necessarily fuels cycles of inequality or persecution, I identify nuanced advantages and disadvantages for different actors in social conflict. I also explore an underappreciated (...) role of institutions in segregation: They guide relations across different domains of activity that may have different degrees of segregation. An overarching theme is that segregation is not a specific thing with regular causes and effects but an inherently contradictory structural feature of relations that evolves as actors struggle for control. (shrink)

The growing recognition by cognitive neuroscientists that areas of vertebrate brains may be reused for multiple purposes either functionally during development or during evolution echoes a similar realization made by neuroscientists working on invertebrates. Because of these animals' relatively more accessible nervous systems, neuronal reuse can be examined at the level of individual identified neurons and fully characterized neural circuits.

We re-express our theorem on the strong-normalisation of display calculi as a theorem about the well-foundedness of a certain ordering on first-order terms, thereby allowing us to prove the termination of systems of rewrite rules. We first show how to use our theorem to prove the well-foundedness of the lexicographic ordering, the multiset ordering and the recursive path ordering. Next, we give examples of systems of rewrite rules which cannot be handled by these methods but which can be handled by (...) ours. Finally, we show that our method can also prove the termination of the Knuth-Bendix ordering and of dependency pairs. Keywords: rewriting, termination, well-founded ordering, recursive path ordering.. (shrink)

We compare several methods of implementing the display (sequent) calculus RA for relation algebra in the logical frameworks Isabelle and Twelf. We aim for an implementation enabling us to formalise within the logical framework proof-theoretic results such as the cut-elimination theorem for RA and any associated increase in proof length. We discuss issues arising from this requirement.

We use a deep embedding of the display calculus for relation algebras ÆRA in the logical framework Isabelle /HOL to formalise a machine-checked proof of cut-admissibility for ÆRA. Unlike other “implementations”, we explicitly formalise the structural induction in Isabelle /HOL and believe this to be the first full formalisation of cutadmissibility in the presence of explicit structural rules.

We describe how we used the interactive theorem prover Isabelle to formalise and check the laws of the Timed Interval Calculus (TIC). We also describe some important corrections to, clarifications of, and flaws in these laws, found as a result of our work.

Although aesthetics began with an interest in a teleological order, the classical question was largely disparaged and rejected in mainstream academic circles by the twentieth century. The two dogmas of musical modernism were the presumption of formalism and the assertion of aestheticism. Historically, philosophers defending the objectivity of aesthetic value focused on the question of Beauty per se. But what if beauty is descriptive of something else? Our conviction of justice runs deeper than convictions of beauty. This essay explores the (...) significance of human anticipation concerning justice and how moral conviction relates to music as an encounter with teleological convictions. Music is fundamentally an individualized philosophical experience engaging the question of order, based upon a universal teleological presupposition. We do not find the arts to be meaningful because we believe them to be beautiful; we ascribe beauty to that which we find to be deeply meaningful--a way-it-should-be. (shrink)

This anthology provides a set of distinctive selections that explore both Western and Eastern views of lying and truthfulness, including selections from Augustine, Grotius, Aristotle, the _Mahabharata_, Confucius, Kant, Plato, Sunzi, Han Feizi, Aquinas, the _Lotus Sutra_, Hobbes, Hume, Locke, Bacon, Nietzsche, and more. Hackett Readings in Philosophy is a versatile series of compact anthologies, each devoted to a topic of traditional interest in philosophy or political theory. Selections are chosen for their accessibility, significance, and ability to stimulate thought and (...) discussion. (shrink)

Biomedical and behavioral research may affect strongly held social values and thereby create significant controversy over whether such research should be permitted in the first place. Institutional review boards responsible for protecting the rights and welfare of participants in research are sometimes faced with review of protocols that have significant implications for social policy and the potential for negative social consequences. Although IRB members often raise concerns about potential long-term social implications in protocol review, federal regulations strongly discourage IRBs from (...) considering them in their decisions. Yet IRBs often do consider the social implications of research protocols and sometimes create significant delays in initiating or even prevent such research. The social implications of research are important topics for public scrutiny and professional discussion. This article examines the reasons that the federal regulations preclude IRBs from assessing the social risks of research, and examines alternative approaches that have been used with varying success by national advisory groups to provide such guidance. The article concludes with recommendations for characteristics of a national advisory group that could successfully fulfill this need, including sustainability, independence, diverse and relevant expertise, and public transparency. (shrink)

Five experiments explored how source reliability influences people’s tendency to rate statements as more credible when they were encountered earlier . Undergraduates read statements from one reliable source and one unreliable source. Statements read multiple times were perceived as more valid and were more often correctly identified on a general knowledge test than statements read once or not at all. This occurred at varying retention intervals whether the statements originated from a reliable or unreliable source, when people had little memory (...) for the statements themselves or their source, and when the discrediting information about the sources came either before or after reading the facts. While repetition aided recognition and source accuracy, both were unaffected by the reliability of the source. Consistent with the source monitoring framework, familiarity may create an illusion of truth for statements when people lack source-specifying cues, especially cues regarding the reliability of the source. (shrink)

: In light of information uncovered about human radiation experiments conducted during the Cold War, an important charge for the Advisory Committee on Human Radiation Experiments was to assess the current state of protections for human research subjects. This assessment was designed to enhance the Committee's ability to make informed recommendations for the improvement of future policies and practices for the protection of research subjects. The Committee's examination of current protections revealed great improvement over those from the past, yet some (...) problems remain. Although the data collected by the Committee highlight specific areas in need of attention, the Committee's work should be viewed in part as the beginning of a series of ongoing assessments of the adequacy and effectiveness of the protections afforded to human subjects. (shrink)

We are less optimistic than Madole & Harden that family-based genome-wide association studies (GWASs) will lead to significant second-generation causal knowledge. Despite bearing some similarities, family-based GWASs and randomised controlled trials (RCTs) are not identical. Most RCTs assess a relatively homogenous causal stimulus as a treatment, whereas GWASs assess highly heterogeneous causal stimuli. Thus, GWAS results will not translate so easily into second-generation causal knowledge.

Newborn screening (NBS) began in the 1960s by testing all newborns for a single condition—phenylketonuria, or PKU—which, when identified and treated early, significantly reduces morbidity. Over the...

Early life stress precedes alterations to neuro-immune activation, which may mediate an increased risk for stress-related psychiatric disorders, potentially through alterations of central kynurenine pathway metabolites, the latter being relatively unexplored. We hypothesized that ELS in a non-human primate model would lead to a reduction of neuroprotective and increases of neurotoxic KP metabolites. Twelve adult female bonnet macaques reared under conditions of maternal variable foraging demand were compared to 27 age- and weight-matched non-VFD-exposed female controls. Baseline behavioral observations of social (...) affiliation were taken over a 12-week period followed by the first cerebrospinal fluid sample. Subjects were then either exposed to a 12-week repeated separation paradigm or assigned to a “no-RSP” condition followed by a second CSF. We used high-performance liquid chromatography for kynurenine, tryptophan, 5-hydroxyindoleacetic acid, kynurenic acid, and anthranilic acid as a proxy for quinolinic acid determination. At baseline, social affiliation scores were reduced in VFD-reared versus control subjects. CSF log KYNA and log KYNA/KYN ratio were lower in VFD-reared versus control subjects. CSF log KYNA/KYN was positively correlated with CSF log ANTH in VFD only. Controlling for log KYNA/KYN, log ANTH was elevated in VFD-reared subjects versus controls. CSF log KYNA/KYN obtained post-RSP was positively correlated with mean social affiliation scores during RSP, specifically in VFD. ELS is associated with a reduced neuroprotective and increased neurotoxic pathway products. That the two contrasting processes are paradoxically correlated following ELS suggests a cross-talk between two opposing KP enzymatic systems. (shrink)

Quality and service improvement (QSI) research employs a broad range of methods to enhance the efficiency of healthcare delivery. QSI research differs from traditional healthcare research and poses unique ethical questions. Since QSI research aims to generate knowledge to enhance quality improvement efforts, should it be considered research for regulatory purposes? Is review by a research ethics committee required? Should healthcare providers be considered research participants? If participation in QSI research entails no more than minimal risk, is consent required? The (...) lack of consensus on answers to these questions highlights the need for ethical guidance. Three distinct approaches to classifying QSI research in accordance with existing ethical principles and regulations can be found in the literature. In the first approach, QSI research is viewed as distinct from other types of healthcare research and does not require regulation. In the second approach, QSI research falls within regulatory guidelines but is exempt from research ethics committee review. In the third approach, QSI research is deemed to be part of the learning healthcare system and, as such, is subject to a different set of ethical principles entirely. In this paper, we critically assess each of these views. While none of these approaches is entirely satisfactory, we argue that use of the ethical principles governing research provides the best means of addressing the numerous questions posed by QSI research. (shrink)

A challenge of performing research in the paediatric emergency and acute care setting is obtaining valid prospective informed consent from parents. The ethical issues are complex, and it is important to consider the perspective of participants, health care workers and researchers on research without prospective informed consent while planning this type of research. We performed a systematic review according to PRISMA guidelines, of empirical evidence relating to the process, experiences and acceptability of alternatives to prospective informed consent, in the paediatric (...) emergency or acute care setting. Major medical databases and grey sources were searched and results were screened and assessed against eligibility criteria by 2 authors, and full text articles of relevant studies obtained. Data were extracted onto data collection forms and imported into data management software for analysis. Thirteen studies were included in the review consisting of nine full text articles and four abstracts. Given the heterogeneity of the methods, results could not be quantitatively combined for meta-analysis, and qualitative results are presented in narrative form, according to themes identified from the data. Major themes include capacity of parents to provide informed consent, feasibility of informed consent, support for alternatives to informed consent, process issues, modified consent process, child death, and community consultation. Our review demonstrated that children, their families, and health care staff recognise the requirement for research without prior consent, and are generally supportive of enrolling children in such research with the provisions of limiting risk, and informing parents as soon as possible. Australian data and perspectives of children are lacking and represent important knowledge gaps. (shrink)

Recent legislation, such as the Patient Self-Determination Act, establishes advance directives as an acceptable procedural means of incorporating patients’ preferences for life-sustaining treatments into their medical care. Advance directives can enhance medical decision making since they provide patients with an opportunity to communicate their preferences before suffering from an acute illness that may preclude their ability to do so.Although patients expect discussions about life-sustaining therapies to be initiated by their physicians, very little is known about what prompts physicians to discuss (...) advance directives with their patients. As in other areas of clinical decision making, there is evidence that patients’ sociodemographic factors influence whether discussions about advance directives occur between patients and their physicians. In one study of persons with the acquired immunodeficiency syndrome, those who had not had discussions about advance directives with their physicians tended to be non-white, have no prior hospitalization, and were more likely to have been cared for in a health maintenance organization than in a teaching hospital. (shrink)

The identity predicate can be defined using second-order quantification: a=b =df ∀F(Fa↔Fb). Less familiarly, a dyadic sentential operator analogous to the identity predicate can be defined using third-order quantification: ϕ≡ψ =df ∀X(Xϕ↔Xψ), where X is a variable of the same syntactic type as a monadic sentential operator. With this notion in view, it is natural to ask after general principles governing its application. More grandiosely, how fine-grained is reality? -/- I will argue that reality is not structured in anything like (...) the way that the sentences we use to talk about it are structured. I do so by formulating a higher-order analogue of Russell’s paradox of structured propositions. I then relate this argument to the Frege-Russell correspondence. When confronted with the alleged paradox, Frege agreed that reality was not structured, but maintained that propositions (i.e. thoughts) were structured all the same. Russell replied that his paradox showed Frege’s theory of structured thoughts to be inconsistent, to which Frege replied that Russell’s argument failed to heed the distinction between sense and reference. Most recent commentators have sided with Russell. In defense of Frege, I establish the consistency of one version of his rejoinder. I then consider and reject some ways of resisting the argument against a structured conception of reality. I conclude that, if propositions are structured, this is because they correspond not to distinctions in reality, but rather to ways in which those distinctions can be represented. (shrink)

We consider two widely discussed impartiality criteria for social welfare relations: Permutation Invariance, which says that every permutation of the population induces an automorphism of the relation, and Anonymity, which says that every permutation of the population induces a permutation that maps every social welfare distribution to one that is equally good. We show that these criteria are equivalent for social welfare orders (i.e., complete social welfare relations). The new result is that Permutation Invariance entails Anonymity for infinite populations. This (...) is not a curiosity, as there are principled reasons (to do with upholding Pareto criteria) that have led many authors to reject Anonymity in favor of Permutation Invariance specifically in the case of infinite populations. A corollary of the present result is that such approaches are incompatible with the use of social welfare orders. (shrink)

This paper forms part of a wider campaign: to deny pointillisme, the doctrine that a physical theory's fundamental quantities are defined at points of space or of spacetime, and represent intrinsic properties of such points or point-sized objects located there; so that properties of spatial or spatiotemporal regions and their material contents are determined by the point-by-point facts. More specifically, this paper argues against pointillisme about the concept of velocity in classical mechanics; especially against proposals by Tooley, Robinson and Lewis. (...) A companion paper argues against pointillisme about -geometry, as proposed by Bricker. To avoid technicalities, I conduct the argument almost entirely in the context of "Newtonian" ideas about space and time, and the classical mechanics of point-particles, i.e. extensionless particles moving in a void. But both the debate and my arguments carry over to relativistic physics. Introduction The wider campaign 2.1 Connecting physics and metaphysics 2.1.1 Avoiding controversy about the intrinsic–extrinsic distinction 2.1.2 Distinction from three mathematical distinctions 2.2 Classical mechanics is not pointilliste, and can be perdurantist 2.2.1 Two versions of pointillisme 2.2.2 Two common claims 2.2.3 My contrary claims 2.3 In more detail... 2.3.1 Four violations of pointillisme 2.3.2 For perdurantism Velocity as intrinsic? 3.1 Can properties represented by vectors be intrinsic to a point? 3.2 Orthodox velocity is extrinsic but local 3.2.1 A question and a debate 3.2.2 The verdict 3.3 Against intrinsic velocity 3.3.1 A common view—and a common problem 3.3.2 Tooley's proposal and his arguments 3.3.3 Tooley's further discussion "Shadow velocities": Lewis and Robinson 4.1 The proposal 4.2 Criticism: the vector field remains unspecified 4.3 Avoiding the presupposition of persistence, using Hilbert's symbol 4.4 Comparison with Robinson and Lewis. (shrink)

We present a formal system, E, which provides a faithful model of the proofs in Euclid's Elements, including the use of diagrammatic reasoning.

In another paper, one of us argued that emergence and reduction are compatible, and presented four examples illustrating both. The main purpose of this paper is to develop this position for the example of phase transitions. We take it that emergence involves behaviour that is novel compared with what is expected: often, what is expected from a theory of the system's microscopic constituents. We take reduction as deduction, aided by appropriate definitions. Then the main idea of our reconciliation of emergence (...) and reduction is that one makes the deduction after taking a limit of an appropriate parameter $N$. Thus our first main claim will be that in some situations, one can deduce a novel behaviour, by taking a limit $N\to\infty$. Our main illustration of this will be Lee-Yang theory. But on the other hand, this does not show that the $N=\infty$ limit is physically real. For our second main claim will be that in such situations, there is a logically weaker, yet still vivid, novel behaviour that occurs before the limit, i.e. for finite $N$. And it is this weaker behaviour which is physically real. Our main illustration of this will be the renormalization group description of cross-over phenomena. (shrink)

It is widely assumed that informing prospective subjects about the risks and possible benefits of research not only protects their rights as autonomous decisionmakers, but also empowers them to protect their own interests. Yet interviews with patient‐subjects conducted under the auspices of the Advisory Committee on Human Radiation Experiments suggest this is not always the case. Patient‐subjects often trust their physician to guide them through decisions on research participation. Clinicians, investigators, and IRBs must assure that such trust is not misplaced.

Shifty epistemologists allow that the truth value of “knowledge”-ascriptions can vary not merely because of such differences, but because of factors not traditionally deemed to matter to whether someone knows, like salience of error possibilities and practical stakes. Thus, contextualists and subject-sensitive invariantists are both examples. This paper examines two strategies for arguing for shifty epistemology: the argument-from-instances strategy, which attempts to show that the truth-value of knowledge-ascriptions can vary by proposing cases in which they vary (e.g., the bank cases, (...) the airport case), and the argument-from-principles strategy, which attempts to specify general features of knowledge or ‘knowledge’ which guarantee the existence of cases of truth-value variation. This paper urges shifty epistemologists to consider the merits of emphasizing the latter strategy over the former. (shrink)

"L'Introduction aux principes de morale et de législation de Jeremy Bentham, paru en 1789, est un ouvrage en tout point remarquable, quoique trop méconnu aujourd'hui. Il poursuit en effet trois objets distincts mais complémentaires : définir le principe d'utilité, ce principe dont la force critique reste sensible en toute réflexion morale ; quantifier les « ressorts de l'action » qui sont au fondement de la psychologie humaine, afin de permettre le calcul utilitariste, un calcul qui n'est jamais totalement absent (...) de la pensée éthique, économique ou sociologique ; poser les éléments nécessaires à l'établissement d'un code pénal, la classification des infractions et la théorie de la punition incitant à penser les conditions de possibilité d'une théorie générale du droit. Ce volume n'a d'une introduction que son titre, et il est de toute évidence la matrice de toute une partie de la pensée benthamienne. S'il est vrai, comme on a pu le dire, que notre époque traverse une réversion utilitariste, la traduction de cet ouvrage en français, pour la première fois intégrale, met à disposition du lecteur un texte lucide et clair."--Page 4 de la couverture. (shrink)

I discuss the idea of relativistic causality, i.e., the requirement that causal processes or signals can propagate only within the light-cone. After briefly locating this requirement in the philosophy of causation, my main aim is to draw philosophers' attention to the fact that it is subtle, indeed problematic, in relativistic quantum physics: there are scenarios in which it seems to fail. I set aside two such scenarios, which are familiar to philosophers of physics: the pilot-wave approach, and the Newton-Wigner representation. (...) I instead stress two unfamiliar scenarios: the Drummond-Hathrell and Scharnhorst effects. These effects also illustrate a general moral in the philosophy of geometry: that the mathematical structures, especially the metric tensor, that represent geometry get their geometric significance by dint of detailed physical arguments. (shrink)

Primitivists about truth maintain that truth cannot be analysed in more fundamental terms. Defences of primitivism date back to the early years of analytic philosophy, being offered by G.E. Moore, Bertrand Russell, and Gottlob Frege. In more recent years, a number of contemporary philosophers—including Donald Davidson, Ernest Sosa, Trenton Merricks, Douglas Patterson, and Jamin Asay—have followed suit, defending their own versions of primitivism. I'll begin by offering a brief history of primitivism, situating each of these views within the landscape of (...) primitivist truth theories and detailing some of their core motivations and apparent shortcomings. To close the discussion, I'll offer a diagnosis of the prospects of primitivism, focusing on the mystery challenge, which has loomed large throughout the history of primitivist truth theories, and the methodology that should be used in evaluating primitivist (and other) truth theories going forward. (shrink)

This paper expounds the modern theory of symplectic reduction in finite-dimensional Hamiltonian mechanics. This theory generalizes the well-known connection between continuous symmetries and conserved quantities, i.e. Noether's theorem. It also illustrates one of mechanics' grand themes: exploiting a symmetry so as to reduce the number of variables needed to treat a problem. The exposition emphasises how the theory provides insights about the rotation group and the rigid body. The theory's device of quotienting a state space also casts light on philosophical (...) issues about whether two apparently distinct but utterly indiscernible possibilities should be ruled to be one and the same. These issues are illustrated using ``relationist'' mechanics. (shrink)

The idea that the form of a word reflects information about its meaning has its roots in Platonic philosophy, and has been experimentally investigated for concrete, sensory-based properties since the early 20th century. Here, we provide evidence for an abstract property of ‘boundedness’ that introduces a systematic, iconic bias on the phonological expectations of a novel lexicon. We show that this abstract property is general across events and objects. In Experiment 1, we show that subjects are systematically more likely to (...) associate sign language signs that end with a gestural boundary with telic verbs (denoting events with temporal boundaries, e.g., die, arrive) and with count nouns (denoting objects with spatial boundaries, e.g., ball, coin). In Experiments 2–3, we show that this iconic mapping acts on conceptual representations, not on grammatical features. Specifically, the mapping does not carry over to psychological nouns (e.g. people are not more likely to associate a gestural boundary with idea than with knowledge). Although these psychological nouns are still syntactically encoded as either count or mass, they do not denote objects that are conceived of as having spatial boundaries. The mapping bias thus breaks down. Experiments 4–5 replicate these findings with a new set of stimuli. Finally, in Experiments 6–11, we explore possible extensions to a similar bias for spoken language stimuli, with mixed results. Generally, the results here suggest that ‘boundedness’ of words' referents (in space or time) has a powerful effect on intuitions regarding the form that the words should take. (shrink)

Over the past decade, there has been an extensive debate about whether researchers have an obligation to disclose genetic research findings, including primary and secondary findings. There appears to be an emerging (but disputed) view that researchers have some obligation to disclose some genetic findings to some research participants. The contours of this obligation, however, remain unclear. -/- As this paper will explore, much of this confusion is definitional or conceptual in nature. The extent of a researcher’s obligation to return (...) secondary and other research findings is often limited by reference to terms and concepts like “incidental,” “analytic validity,” “clinical validity,” “clinical relevance,” “clinical utility,” “clinical significance,” “actionability,” and “desirability.” These terms are used in different ways by different writers to describe obligations in different sorts of cases. -/- Underneath this definitional confusion is a general notion, supported by much of the literature, that findings only need to be disclosed when they surpass certain presumably objective or measureable thresholds, such as medical importance or scientific reproducibility. The problem is that there is significant variability in the way that these terms and concepts are used in the literature and, as such, in defining the scope of an obligation to return findings that surpasses the relevant thresholds. -/- The goal of this paper is to analyze the definitional muddle underlying the debate about returning genetic research findings, with the hope of answering a few questions. First, what is the range of definitions being used in this debate? Based on an extensive literature review, Part 1 will lay out a range of articulated definitions for each relevant term, with the goal of categorizing them into a handful of distinct types. Part 2 explains the definitional redundancy and confusion in the current literature, and, drawing from the terminological patterns identified in Part 1, outlines more cohesive building blocks to inform the development of future disclosure frameworks.Our minimum goal in articulating these conceptual building blocks is to promote clearer articulations of, and distinctions between, future disclosure frameworks. More ambitiously, we suggest which definitions and conceptualizations we consider most appropriate to use in future disclosure frameworks. Here, we seek to balance benefits to participants through the disclosure of important information with the minimization of undue burdens on individual researchers and the research enterprise more generally. -/- Our analysis builds upon the central philosophical distinction between concepts and conceptions. The basic idea is that the “concept” of X refers to the general (and relatively uncontroversial) structure/shape of X, while various “conceptions” of X are more particular, filled out, and controversial elaborations of the concept. In other words, “concepts” of X will be formal representations of X, while “conceptions” of X will be substantive interpretations of the key elements and relationships operating within that formal framework. (Implicit in this distinction is an important point about the nature of disagreement – namely, that in order for two or more parties to “disagree” about X as opposed to simply talk past one another, there must be at least enough shared agreement about X to know that the parties are referring to the same thing. A concept of X provides this point of common agreement, while competing conceptions of X mark the areas where disagreement arises.) In this paper, we will employ this distinction in a fundamental way to clarify exactly where the primary disagreements arise in the debate over disclosing genetic research findings. -/- We propose that, underlying all the seeming confusion and disagreement, there are three central and widely agreed upon concepts at work in this debate—validity, value, and volition. The first two concepts concern the nature of the information itself. An obligation to disclose only exists when findings are valid and have value but there are competing conceptions of how to determine or define validity and valuableness. The third concept—volition—pertains not to the information but rather to the person to whom it will be disclosed. Does that person want or not want the information, and what is the best way of determining this? Here, too, competing conceptions arise. Our key point, though, is that almost all of the ethical disagreement arises because of competing conceptions of these three concepts. Understanding and appreciating this key point can help to refocus the substantive debate by providing some common ground to start from in determining how best to interpret these shared concepts. This refocusing can, ideally, produce more productive debate and facilitate some progress in resolving it. (shrink)

Background Pragmatic randomized controlled trials are designed to evaluate the effectiveness of interventions in real-world clinical conditions. However, these studies raise ethical issues for researchers and regulators. Our objective is to identify a list of key ethical issues in pragmatic RCTs and highlight gaps in the ethics literature. Methods We conducted a scoping review of articles addressing ethical aspects of pragmatic RCTs. After applying the search strategy and eligibility criteria, 36 articles were included and reviewed using content analysis. Results Our (...) review identified four major themes: 1) the research-practice distinction; 2) the need for consent; 3) elements that must be disclosed in the consent process; and 4) appropriate oversight by research ethics committees. 1) Most authors reject the need for a research-practice distinction in pragmatic RCTs. They argue that the distinction rests on the presumptions that research participation offers patients less benefit and greater risk than clinical practice, but neither is true in the case of pragmatic RCTs. 2) Most authors further conclude that pragmatic RCTs may proceed without informed consent or with simplified consent procedures when risks are low and consent is infeasible. 3) Authors who endorse the need for consent assert that information need only be disclosed when research participation poses incremental risks compared to clinical practice. Authors disagree as to whether randomization must be disclosed. 4) Finally, all authors view regulatory oversight as burdensome and a practical impediment to the conduct of pragmatic RCTs, and argue that oversight procedures ought to be streamlined when risks to participants are low. Conclusion The current ethical discussion is framed by the assumption that the function of research oversight is to protect participants from risk. As pragmatic RCTs commonly involve usual care interventions, the risks may be minimal. This leads many to reject the research-practice distinction and question the need for informed consent. But the function of oversight should be understood broadly as protecting the liberty and welfare interest of participants and promoting public trust in research. This understanding, we suggest, will focus discussion on questions about appropriate ethical review for pragmatic RCTs. (shrink)

In considering the debate about the meaning of ‘disease’, the positions are generally presented as falling into two categories: naturalist, e.g., Boorse, and normativist, e.g., Engelhardt and many others. This division is too coarse, and obscures much of what is going on in this debate. I therefore propose that accounts of the meaning of ‘disease’ be assessed according to Hare’s (1997) taxonomy of evaluative terms. Such an analysis will allow us to better understand both individual positions and their inter-relationships. Most (...) importantly, it will show that it is unlikely that there is a single unique disease-concept at issue. Rather, different authors are, for the most part, considering different concepts. (shrink)

This is a three-part study and defense of the idea of basic human equality. (This is the idea that humans are basically one another's equals, as opposed to more derivative theories of the dimensions in which we ought to be equal or the particular implications that equality might have for public policy.) Part (1) of the paper examines the very idea of basic equality and it tries to elucidate it by considering what an opponent of basic human equality (e.g. a (...) philosophical racist) might hold. It explores the idea of there being no morally significant fundamental divisions among humans (of the kind that some people insist on as between humans and others animals). Part (2) considers whether basic human equality must be based on some descriptive similarity among us (naturalistic or metaphysical); it considers the positions of a number of thinkers who have denied this. Part (3) considers John Rawls's conception of basic equality in terms of range properties. (Being in Ohio is a range property; Columbus and Cincinnati are both equally in Ohio even though even though Columbus is in the center of the state, while Cincinnati is just over the river from Kentucky.) It explores the application of this Rawlsian idea to the descriptive properties that might be thought relevant to human equality. This three part paper is a rather technical philosophical exploration. And it is just a beginning; we need much more work on the idea of basic equality. Some of the energy that has gone into discussions of equality as a policy aim (e.g. in the Dworkin/Sen literature or in the literature surrounding Rawls's Difference Principle) needs to be devoted to this more fundamental conception. (shrink)

In this article, I investigate Johann Christoph Sturm’s (1635–1703) mechanist account of plant life. The problem of life is one of the touchstones of any early modern mechanist philosophy. Plant life, in turn, constitutes the most rudimentary form of life. Sturm’s account is functionalist: plants perform the life-function: nutrition, growth, self-preservation, and generation. Sturm makes clear that what his Aristotelian predecessors called the ‘vegetative soul’ must be reduced to (1) the possession of an organic body (i.e., a higher-order structure of (...) matter and its modifications) and (2) the extrinsic kinetic heat of the sun. In contrast to mechanists like Descartes, Sturm accepts teleology. He deals with the origin and transfer of motion on occasionalist grounds. For Sturm, all processes associated with the life of plants can be accounted for mechanically—all but the ultimate origin of the first plant’s seed, for which Sturm relies on the theory of pre-existence. (shrink)

BackgroundCritical public health measures implemented to mitigate the spread of the novel coronavirus disease (COVID-19) pandemic have disrupted health research worldwide, including HIV prevention research. While general guidance has been issued for the responsible conduct of research in these challenging circumstances, the contours of the dueling COVID-19 and HIV/aids pandemics raise some critical ethical issues for HIV prevention research. In this paper, we use the recently updated HIV Prevention Trials Network (HPTN) Ethics Guidance Document (EGD) to situate and analyze key (...) ethical challenges related to the conduct of HIV prevention research during the COVID-19 pandemic as well as identify potential areas for refinement of the guidance document based on this unprecedented state of affairs.Main bodyNecessary actions taken for HIV prevention research studies due to the COVID-19 pandemic involve an array of ethical issues including those related to: (1) risk mitigation; (2) behavior change; (3) compounding vulnerability; (4) community engagement; (5) trial reopening; and 6) shifting research priorities.ConclusionsIn the context of the dueling HIV and COVID-19 global pandemics, research teams and sponsors must be nimble in responding to the rapidly changing environment by being sensitive to the associated ethical issues. The HTPN EGD provides a rich set of tools to help identify, analyze and address many of these issues. At the same time, future refinements of the HPTN EGD and other research ethics guidance could be strengthened by providing explicit advice regarding the ethical issues associated with disrupted research and the reopening of studies. In addition, additional consideration should be given to appropriately balancing domains of risk (e.g., physical versus social), addressing the vulnerability of research staff and community partners, and responding to un-anticipatable ancillary care needs of participants and communities. Appropriately addressing these issues will necessitate conceptual work, which would benefit from the careful documentation of the actual ethical issues encountered in research, the strategies implemented to overcome them, and their success in doing so. Throughout all of these efforts, it is critical to remember that the HIV pandemic not be forgotten in the rush to deal with the COVID-19 pandemic. (shrink)

This is a companion to another paper. Together they rebut two widespread philosophical doctrines about emergence. The first, and main, doctrine is that emergence is incompatible with reduction. The second is that emergence is supervenience; or more exactly, supervenience without reduction.In the other paper, I develop these rebuttals in general terms, emphasising the second rebuttal. Here I discuss the situation in physics, emphasising the first rebuttal. I focus on limiting relations between theories and illustrate my claims with four examples, each (...) of them a model or a framework for modelling, from well-established mathematics or physics.I take emergence as behaviour that is novel and robust relative to some comparison class. I take reduction as, essentially, deduction. The main idea of my first rebuttal will be to perform the deduction after taking a limit of some parameter. Thus my first main claim will be that in my four examples (and many others), we can deduce a novel and robust behaviour, by taking the limit N→∞ of a parameter N.But on the other hand, this does not show that the N=∞ limit is “physically real”, as some authors have alleged. For my second main claim is that in these same examples, there is a weaker, yet still vivid, novel and robust behaviour that occurs before we get to the limit, i.e. for finite N. And it is this weaker behaviour which is physically real.My examples are: the method of arbitrary functions (in probability theory); fractals (in geometry); superselection for infinite systems (in quantum theory); and phase transitions for infinite systems (in statistical mechanics). (shrink)

This paper expounds the relations between continuous symmetries and conserved quantities, i.e. Noether's ``first theorem'', in both the Lagrangian and Hamiltonian frameworks for classical mechanics. This illustrates one of mechanics' grand themes: exploiting a symmetry so as to reduce the number of variables needed to treat a problem. I emphasise that, for both frameworks, the theorem is underpinned by the idea of cyclic coordinates; and that the Hamiltonian theorem is more powerful. The Lagrangian theorem's main ``ingredient'', apart from cyclic coordinates, (...) is the rectification of vector fields afforded by the local existence and uniqueness of solutions to ordinary differential equations. For the Hamiltonian theorem, the main extra ingredients are the asymmetry of the Poisson bracket, and the fact that a vector field generates canonical transformations iff it is Hamiltonian. (shrink)

This paper discusses some of the modal involvements of analytical mechanics. I first review the elementary aspects of the Lagrangian, Hamiltonian and Hamilton-Jacobi approaches. I then discuss two modal involvements; both are related to David Lewis' work on modality, especially on counterfactuals. The first is the way Hamilton-Jacobi theory uses ensembles, i.e. sets of possible initial conditions. The structure of this set of ensembles remains to be explored by philosophers. The second is the way the Lagrangian and Hamiltonian approaches' variational (...) principles state the law of motion by mentioning contralegal dynamical evolutions. This threatens to contravene the principle that any actual truth, in particular an actual law, is made true by actual facts. Though this threat can be avoided, at least for simple mechanical systems, it repays scrutiny; not least because it leads to some open questions. (shrink)

The standard conception of misleading evidence has it that e is misleading evidence that p iff e is evidence that p and p is false. I argue that this conception yields incorrect verdicts when we consider what it is for evidence to be misleading with respect to questions like whether p. Instead, we should adopt a conception of misleading evidence according to which e is misleading with respect to a question only if e is in-fact irrelevant to that question – (...) a relation that requires that e fail to be both explanatorily connected to and evidence for any truth that answers the question. This modified conception allows e to be non-misleading evidence with respect to a question even if e is evidence for the false answer to that question. It also points toward a new argument for and explanation of the truth of a central premise – what Maria Lasonen-Aarnio dubs “Entitlement” – that generates the infamous dogmatism puzzle. (shrink)