Value Theory

Republicans consider freedom as non-domination an attractive political ideal for a modern pluralistic society that cannot be found in liberalism. This book shows how this view is untenable. By analysing freedom as non-domination as it is understood by contemporary republicans, the book rejects the widely held view that this freedom concept is superior to liberal understandings of freedom as non-interference. In fact, setting up institutions to promote non-domination is shown to also promote non-interference. The book demonstrates how it is the (...) focus on making an ideal suitable for a modern society that leads republicans to a view of freedom with no normative insight that cannot also be found in liberalism. However, the book also shows how republicans can adjust their freedom ideal so that it actually offers a distinctly republican contribution to political philosophy. By understanding freedom to require that citizens commit to an especially high level of political participation to deny powerholders opportunities to act against the common good, republicans can reject liberalism and freedom as non-interference. But this freedom ideal does not respect the many citizens in a modern society whose conceptions of a good life do not involve such a high level of political engagement. Republicans therefore face a dilemma: They can promote a freedom ideal suited for modern conditions, but they then end up endorsing a liberal theory promoting freedom as non-interference. Alternatively, they can promote a distinct freedom ideal, but this ideal will be unsuited for a modern society. (shrink)

There is widespread agreement among political philosophers that there is a core set of civil and political liberties that ought to be given special protections by any state. In contrast, there is significant disagreement about whether (and which) economic liberties deserve the same level of protection and priority. To what extent should freedom in economic activities be protected by and from the government? To what extent is it justifiable for government to interfere with economic activities for the sake of equalizing (...) opportunities and protecting the welfare of society’s vulnerable? John Rawls famously held that only a narrow range of economic liberties are basic liberties deserving special protections, though he never offered a full defense of that claim. In _Free Market Fairness_ John Tomasi argued against Rawls, claiming it follows from Rawls’s own assumptions that we ought to protect a broad range of economic liberties as basic liberties. This paper attempts to provide the missing argument in favor of Rawls’s position in this debate and against Tomasi’s. First, I argue for a novel interpretation of Rawls’s criterion for basic liberties. Second, I use that interpretation to argue that Rawls was correct and consistent to exclude contract rights and productive property rights from the scheme of basic liberties. (shrink)

Deepfakes are extremely realistic audio/video media. They are produced via a complex machine-learning process, one that centrally involves training an algorithm on thousands of audio/video recordings of an object or person, S, with the aim of either creating entirely new audio/video media of S or else altering existing audio/video media of S. Deepfakes are widely predicted to have deleterious consequences (principally, moral and epistemic ones) for both individuals and various of our social practices and institutions. In this introduction to the (...) Topical Collection, I first survey existing philosophical research on deepfakes (sections 2 and 3). I then give an overview of the papers that comprise the Collection (section 4). Finally, I conclude with remarks on a line of argument made in a number of papers in the Topical Collection: that deepfakes may cause their own demise (section 5). (shrink)

A life of the mind can be lived only by creatures who know that they have minds. We call these creatures “persons,” and currently, all such persons THAT we know OF are “alive” in the biological sense. But are there, or could there be, either in the future or elsewhere in the universe, creatures with “a life of the mind” that are not “alive” in the sense that we humans usually understand this term today?

Currently, in the United States, there is no legal obligation for medical professionals or civil courts to uphold patients’ Advance Directives (ADs) regarding end-of-life care. The applicability and standing of ADs prepared by Alzheimer’s patients is a persistent issue in bioethics. Those who argue against giving ADs full status take two main approaches: (1) appealing to beneficence on behalf of the Alzheimer’s patient and (2) claiming that there is no longer any personal equivalence between the AD’s creator and the subject (...) of the AD. In this paper, I present profound arguments against both approaches. Firstly, I argue that the principle of beneficence cannot apply in the case of Alzheimer’s patients, and, secondly, that the moral and legal authority of the AD need not depend on strict equivalence of personal identity. I conclude by arguing that valid ADs protect the dignity and autonomy of Alzheimer’s patients and that, therefore, there are moral obligations to uphold ADs which should be reflected in public policy and legislation. (shrink)

This study investigates why successful companies have pursued creating shared value (CSV) during the COVID-19 pandemic and the immediately ensuing post-COVID-19 era. The paper aims to achieve a better understanding of the triggers that induce companies to pursue CSV initiatives. A qualitative thematic analysis of cases of CSV involving 54 companies honored by Fortune magazine within its 2022 Change the World list was investigated and systematically reviewed. Based on the analysis, we identified and classified the motivators of CSV projects according (...) to various internal and external triggers. The qualitative results revealed seven types of internal triggers for CSV initiatives. These are: (1) following founder/leader philosophy or experience, (2) foreseeing customer growth and profit potential, (3) enhancing employee loyalty and commitment, (4) developing a future talent pool, (5) improving operational efficiency and cutting costs, (6) building differentiation weapons, and (7) becoming an industry pioneer. Seven types of external triggers for CSV initiatives were also identified. These comprise (1) economic benefits, (2) environmental protection, (3) human rights, (4) public health, (5) social justice, (6) partnership availability, and (7) government stimuli. This study contributes to the CSV literature by providing analyses of the motivators that have induced CSV initiatives during the COVID-19 era. We conclude by discussing the implications for business academics and practitioners. (shrink)

In this paper, I argue that the phenomenon of faultless disagreement for predicates of taste may be fruitfully explained by appealing to the vagueness of predicates of taste and the epistemicist reading of vagueness as defended by Timothy Williamson (1994). I begin by arguing that this position is better suited to explain both the “faultless” and “disagreement” intuition. The first is explained here by appealing to the necessary ignorance of the predicate’s boundaries and a plausible account of constitutive norms of (...) taste assertions, while the second by insisting on classical, absolutist semantics for judgments containing predicates of taste. Furthermore, I analyze the arguments against the reading of taste predicates as vague based on the alleged epistemic privilege concerning one’s taste and on the lack of definite cases. Responding to these objections, I develop a plausible account of constitutive norms of taste assertions, comment on the assumed epistemic privilege concerning taste ascriptions and provide a more detailed account of sources of the vagueness of predicates of personal taste, which I dub “super-vagueness.”. (shrink)

Is radical skepticism ethically problematic? This paper argues that it is. Radical skepticism’s strong regulation of our doxastic economy results in us having to forego doxastic commitments that we owe to others. Whatever skepticism’s epistemic defects, it is ethically defective. In turn, I defend Moralism, the view that the kind of extreme doubt characteristic of radical skepticism is a serious moral and eudaimonic weakness of radical skeptical epistemology. Whether this means that skepticism is false or incorrect, however, is a further (...) claim that Moralists may or may not accept. I distinguish between an encroachment and abrogation version of the view, and show how each one bears on radical skepticism. In either case, Moralism makes our beliefs less vulnerable to radical revision. The paper concludes with some exploratory reflections on whether the argument can be extended to show that radical skepticism is politically problematic, even risking injustice. (shrink)

Does morality have a procedure? Unlike law, morality is arguably neither posited nor institutional. Thus, while morality undeniably prescribes various procedures, that morality itself has a procedure is less obvious. Indeed, the coexistence of procedural moral norms alongside substantive moral norms might seem paradoxical, given that they often yield contradictory prescriptions. After all, one may wonder, is morality not substantive all the way down? Nevertheless, the paper argues that morality has a “procedural branch” containing numerous norms that are themselves procedural. (...) These norms comprise what we hold are the three hallmarks of a procedural norm: second-orderness, providing reasons on how to engage with other norms, and outcome-neutrality. In this respect, morality is more like law than what one might have expected. (shrink)

Derrida’s description of the aporia of decision-making is herein used to demonstrate how ethico-political concerns can already be found within the articulation of time and space as they are experienced by mortal beings, broadly understood.

Jacques Derrida’s and Gilles Deleuze’s philosophies of justice share many similar features. For both, justice involves an overturning of law by extralegal means, made possible by an “undecidability” in the judgment-making process. To distinguish their conceptions of justice, we examine their implicit modes of non-classical reasoning with regard to “otherness,” building from Routley and Routley and Daniel Smith, to conclude that Derrida’s thinking on justice is at least paracomplete (or analetheic) while Deleuze’s is just paraconsistent (or dialetheic).

This paper delves into the deconstruction of the notion of responsibility, drawing a correlation with the process of decomposition of the concept of sovereignty as discussed by Derrida in his last research works. We explore Derrida’s consideration of absolute responsibility as no longer passing through the figure of the sovereign. Derrida’s thought takes its distance from the philosophical and hegemonic determination of the notion of responsibility, for the conceptual system of its axiomatic defines responsibility based on the sovereign individual’s freedom (...) and makes responsibility the effect of his power. Yet, this definition condemns ethics to failure, since it does not account for the other supposed in the idea of response. Derrida incorporates absolute singularity, and consequently secrecy, into the structure of responsibility, enabling thought to encounter the absolute other. The text outlines the influence of Nietzsche and Celan in Derrida’s thought and develops an approach that sees in his work the effort to create a poetic revolution in the history of philosophy and knowledge by opening thought to radical alterity. (shrink)

This thematic issue of Angelaki covers the ethics in deconstruction in Jacques Derrida in the broadest way, so as to be an engagement with Derrida’s philosophy as a whole rather than the isolation...

“Excited Delirium Syndrome” (ExDS) is a controversial diagnosis. The supposed syndrome is sometimes considered to be a potential cause of death. However, it has been argued that its sole purpose is to cover up excessive police violence because it is mainly used to explain deaths of individuals in custody. In this paper, we examine the epistemic conditions giving rise to the controversial diagnosis by discussing the relation between causal hypotheses, evidence, and data in forensic medicine. We argue that the practitioners’ (...) social context affects causal inquiry through background assumptions that enter inquiry at multiple stages. This analysis serves to better understand the wide usage of the controversial diagnosis of ExDS. (shrink)

The article retraces three important steps along the path of Derrida’s Heidegger interpretation in The Beast and the Sovereign, Volume II. Readings of The Fundamental Concepts of Metaphysics, Introduction to Metaphysics, and “The Onto-Theo-Logical Constitution of Metaphysics” complement and further develop Derrida’s deconstruction of Heidegger, which revolves around the term “Walten” and its role in the world-formation that makes community possible. The analysis of what Derrida calls the hyper-sovereignty of Walten reveals an ethico-political ambiguity in Heidegger’s texts. On the one (...) hand, this hyper-sovereignty registers as a super-sovereign violence that founds theological-political world-constructs through the exclusion of those deemed other. On the other hand, like différance it serves as the condition of impossibility of a common world. Following Derrida’s provocation, I develop this second sense to argue that the dissolution of the common world entails an ethical imperative to carry the other with whom one has nothing in common. (shrink)

This paper gives an account of the most significant elements of Derrida’s ethical thought, drawing on the desert of the Hebrew Bible, which Derrida associates with a moral law that is ethically troubling. Partly with reference to Kierkegaard’s account of the story of Abraham and Isaac, Derrida examines how ethical law can become subordinate to the sovereignty of the power apparently at the source of ethics which may then destroy moral law. The political equivalent of this is the decision proposed (...) by Carl Schmitt, drawing on Kierkegaard. Derrida’s famous statement that “deconstruction is justice” is the recognition that justice, and ethics in general, is caught between the formality of law and the violence of the sovereign power. One outcome of this is sacrifice as substitution, where ethics becomes recompense for violation through sacrifice. Sacrifice is the offering of a substitute. The substitution becomes repeated and itself is then the source of violence contravening some sense of ethics. Derrida’s attempts to escape from these deserts include a poetics which recognises the subjective and the aesthetic in the interpretation of law. It also includes the development of a form of sacrifice which is the individual responding to violation in an individualised way which cannot be substituted. (shrink)

Debates over the metaphysical status of aesthetic properties have persisted for decades in Aesthetics. One question that consistently arises in any discussion of aesthetic properties is whether they are fundamentally evaluative or descriptive in character. Aesthetic properties are often treated as parallel to moral properties which means many philosophers take it for granted that aesthetic properties are fundamentally evaluative. There are some philosophers, like Frank Sibley and Jerrold Levinson, who take the road less traveled and treat aesthetic properties as primarily (...) descriptive in character. In this paper, I outline Levinson’s intriguing view that the evaluative aspect of an aesthetic property can be canceled leaving us with the descriptive essence of the property. I refer to this as the separability thesis. It contends that evaluative reactions to aesthetic properties can be separated from the objective, perceptual content of an aesthetic experience thereby leaving us with the non-evaluative core of the property. I go on to defend the separability thesis from a powerful challenge developed by Rafael De Clercq. Ultimately, I contend that while De Clercq’s argument is clever and insightful it fails to undermine the separability thesis. (shrink)

This paper focuses on the relationships that Derrida establishes between three analytic discussions and three autoimmunities. The analytic discussions are (1) the antinomy of hospitality, related to what happens when the subject faces demands from strangers; (2) the antinomy of the death penalty, related to the meeting between the right to life and the right to end the life of another; (3) the antinomy of animality related to laws and what lies beyond them. The autoimmunities are (1) the autoimmunity of (...) inclusion: democracy is open only to its sovereign citizens while it claims to welcome all who are excluded; (2) the autoimmunity of rights and liberties: in liberal democracy, rights and liberties are meant to challenge sovereignty’s absolutism, but any attack on sovereignty is an attack on rights and liberties; (3) the autoimmunity of globalization: for democracy to work it requires protection provided by a supersovereignty, which limits the sovereignty of states, and hence, democracy. The paper follows Derrida’s connections between the questions of hospitality, the death penalty, and animality on the one hand, and the autoimmune aspects of democratic politics on the other, to argue that his deconstruction of democracy is an ethicization of democracy activated by the concept of sovereignty, and a deconstruction of sovereignty via ethics. (shrink)

This paper intends above all to highlight three fundamental interconnected questions: (1) without reifying it in a theoretical-systematic philosophy, to highlight Derrida’s Deconstruction as a “philosophical idiom” – that of différance or of the ab-solute otherness – endowed, therefore, with specific “theoretical” assumptions (khôra, messianic and trace); (2) to highlight and to clarify the meaning of the “Derridian exception” concerning the issue of the animal and animality within the context of the sacrificial philosophical-cultural Westernness; (3) to highlight the relevance of (...) the issue of the animal and animality in order to re-think, in new terms, the question of the human itself – still essentially structured in the light of a metaphysical subjectivity –, underlining the invaluable contribution of Deconstruction to rethink the exceptionality of the human among the living beings and to bring the war for compassion to a successful end, thus contributing to the emergence of new Lights for the promise of the “coming” [“à-venir”] of another humanity and, consequently, of another civilization. (shrink)

Recent scholarship on Jacques Derrida’s work has turned toward his political and institutional engagements. I further this body of research by outlining a twofold problematic regarding the issue of “parliament.” Its first dimension concerns what I call a poli-technic of lying, which denotes that politically impactful techniques of lying demand we follow the lacunae of the polis, the phenomenality of an international public sphere and technologies of public circulation, and the relationship between the construction of categories of “peoples,” “nations,” “borders,” (...) and their “authorities” with practices of force or violence. In the following, I consider Derrida’s relation to the International Parliament of Writers (IPW) as a supplementary institution from which examination of this problematic might be situated in light of alternative traditions predicated on hospitality, and on sheltering the other as a practice inextricable from a “frank concept of truth.” I also consider the emergent possibilities this approach opens for responding to immediate conditions – attacks on the lives of writers around the world, accelerating global displacement, intensifying border closures, and unchecked police enforcement. I look toward the political unit Derrida identifies as crucial for these actions: the city as a space for frank and open speech – the ville franche. (shrink)

It is astonishing that we humans are able to have, act on and express moral beliefs. This dissertation aims to provide a better philosophical understanding of why and how this is possible especially when we assume metaethical expressivism. Metaethical expressivism is the combination of expressivism and noncognitivism. Expressivism is the view that the meaning of a sentence is explained by the mental state it is conventionally used to express. Noncognitivism is the view that the mental state expressed by a moral (...) sentence is a noncognitive, desire-like state. The central question of this dissertation is this: "How can metaethical expressivists explain that we are able to express moral beliefs?" The shortest answer this dissertation will give is the following: "by becoming `dispositional expressivists´." Dispositional expressivists hold that moral beliefs are dispositions to be in certain mental states that resemble desires. More precisely, a central thesis of this study is that to hold a moral belief is to be disposed to be in a desire-like, noncognitive state where this state has some specific structure. This dissertation arrives at and justifies this thesis by making a number of steps. It starts with preparing the ground by developing a general theory of what it is for a sentence to express a mental state. Roughly, this theory states that for a sentence to express a mental state is for that sentence to be conventionally used to perform a speech act which counts as sincere only if the user or speaker is in that mental state. This theory of expressing satisfies all the constraints that must be satisfied for it to be compatible with the purposes of metaethical expressivism. The next step is to provide a solution to the most notorious semantic problem confronting metaethical expressivism, the problem of explaining how sentences containing moral words can have compositional meaning and stand in logical relations also known as the Frege-Geach or embedding problem. Building on the research of Mark Schroeder, a new expressivist semantics, called `Attitude Semantics´, will be developed for a first-order language. The motivating idea underlying attitude semantics is that expressivists can avoid the problematic feature of so-called `biforcation´ if they treat the structures of the mental states expressed by moral sentences as well as that expressed by non-moral sentences as being isomorphic. In order to give those structures a philosophically interesting interpretation, it will be suggested that we treat sentences as expressing dispositional states. As a toy example we will treat the sentence `murder is wrong´ as expressing the disposition to be for blaming for murder. After dealing with the Frege-Geach problem, I turn to the metaethical expressivists' project of quasi-realism. Two major goals of this project are to explain how moral sentence can be truth-apt and how the states expressed by them can be regarded as moral beliefs. In order to establish those goals I critically examine a number of theories of truth-aptness by providing counterexamples to them. I then present my own theory which says that a sentence is truth-apt iff and because there is a conventional way to use it to express a belief. What is new about this theory is that it treats expressing a belief as being explanatorily more basic than being truth-apt. Belief, according to this theory, explains truth-aptness, not vice versa. This has the important consequence that it shows that what I call the `orthodox strategy´ of quasi-realists is mistaken and needs to be inverted: expressivists must `earn the right´ to moral belief before they can establish that moral sentences are truth-apt, and not the other way round. The second part of this dissertation is then concerned with the question of what it is to hold a moral belief and how they can figure in rational reasoning. In short: it is concerned with earning the right to moral belief. After discussing the major problems confronting a noncognitivist theory of belief, most importantly what I call the `tightrope problem´, I argue for a dispositional form of noncognitivism about moral belief that combines elements from Eric Schwitzgebel's dispositionalism about belief and Sebastian Köhler's `conceptual role expressivism´. This dispositional noncognitivism perfectly matches and justifies the dispositionalist interpretation of the expressivist semantics developed before. In order to fully earn the right to moral belief, however, metaethical expressivists must also deal with several epistemological objections concerning the rationality of moral belief. The first objection I deal with comes from Derek Baker and is directed against Mark Schroeder's specific development of expressivism. I deal with this objection because my own theory bears close resemblance to Schroeder's theory and so it might be worried that it confronts the same issues. Fortunately, we will see that Baker's objection rest on a number of mistaken assumptions and so neither applies to Schroeder's expressivism nor to the version which I defend in this study. The other epistemological objection to metaethical expressivism I deal with is Cian Dorr's famous wishful-thinking objection. In contrast to previous replies to this objection I attack it by directly questioning the central assumption on which it rests, namely that reasoners can never be justified in basing a factual belief on a desire-like state. I argue that this is false, and that under certain conditions reasoning from desire-like mental states to factual beliefs is justified. My argument shows that even if holding a moral belief is being in a desire-like noncognitive state, basing factual belief on a moral belief can give one an epistemic reason for the factual belief. Hence, even if moral thoughts are wishes, moral thinking is not wishful thinking. I take my arguments to earn the dispositional expressivist the right to moral belief. By the previously defended theory of truth-aptness in terms of belief, this allows the dispositional expressivists to conclude that moral sentences are also truth-apt. This finishes the quasi-realist project of this dissertation. In the last part of this dissertation I switch gears and present two unnoted problems for metaethical expressivists having to do with explaining moral motivation. Both arguments are surprisingly simple. The first one is this: if motivation requires a belief as well as a desire (Humeanism), and moral judgments motivate by themselves (internalism), then moral judgments cannot be desires only. If this argument is sound, it shows that the famous `motivation argument´ not only entails the falsity of cognitivism, but also the falsity of noncognitivism. The second argument is the following: moral judgments when combined with suitable external desires motivate to act (externalism), but if motivation requires belief as well as desire (Humeanism), then moral judgments cannot be desires only. I discuss several ways in which noncognitivists might want to deal with those problems, but leave it as an open question whether those solutions will ultimately be viable. Overall, this dissertation makes serious contributions to the research program of metaethical expressivism. It makes proposals for how to solve a number of notorious problems, such as the Frege-Geach problem in semantics and the wishful-thinking problem in epistemology. Besides this, however, it also raises two new problems for metaethical expressivism in the philosophy of action. For those reasons this dissertation will be of interest for anyone who wants to defend or criticize expressivism in metaethics, and more generally, anyone who wants to better understand our astonishing ability to express moral beliefs. (shrink)

When we try to understand what a picture represents, how we experience the picture, I argue, plays a key role in determining the content the picture represents. More specifically, I argue that understanding pictorially represented content requires two tasks—visually grasping the picture’s design (an image) and interpreting what the design represents (what it is an image of). Neither task is done without the other, meaning that the viewer’s success in the former—visually identifying the image—depends on their success in the latter—determining (...) what the image is of. Because of this interdependence, I argue, when the viewer succeeds in understanding the picture, they find their interpretation of the picture perceptually convincing. (shrink)

A widespread thesis in the analytical theory of law is that norms exist as linguistic entities. Rodolfo Sacco is one of the authors who have most fruitfully insisted, on the contrary, that there is no necessary correlation between norms and language, not even in the specific context of law. He thus extended the conceptualisation of legal normativity well beyond the boundaries of language through the notions of cryptotype and mute law. This paper takes into account two alternative hypotheses to the (...) hypothesis that norms exist as linguistic entities, which are respectively based on the concepts of deontic state-of-affairs and deontic noema. Both hypotheses are tested for their applicability to the phenomena investigated by Sacco under the notion of mute law, notably with reference to cryptotypes. The question is raised then of how the existence of cryptotypes can be inferred from behaviour. The paper emphasizes the role that can be played in this context by nomotrophic behaviour, that is, the behaviour that consists in a reaction to the violation of a norm. (shrink)

In her book Social Goodness, Charlotte Witt gives an account of the normativity of social norms, crucially appealing to (and naming) social role normativity. Social role normativity is a distinctive kind of normativity that follows from social roles. For example, teachers ought to teach and students ought to do their homework. According to Witt's artisanal model of social role normativity, we should make sense of social role normativity by reference to artisanal roles, like being a carpenter. Just as carpenters have (...) skills, techniques, and expertise associated with their craft, social roles have skills, techniques, and expertise associated with them. The artisanal model presents the individual craftsperson, taught by a uniquely qualified expert, as the paradigm. Because of this, I argue that the artisanal model struggles to capture the messiness of the actual world, where expertise is distributed, unstable, and contested. To accommodate the real world, we should move away from Witt's individualistic artisanal model. Instead of focusing on individual artisans, our account of social role normativity should focus on communities and institutions that promote artisanal practices. (shrink)

This study investigates the influence of old directors on corporate social responsibility (CSR) using roughly 25,000 firm-year observations from 2001 to 2015 in the United States. We employ the widely used selection, optimization, and compensation (SOC) model from psychology to explain the CSR decisions of old directors. Our results indicate that firms with a higher percentage of old directors tend to have lower engagement in CSR activities. To address endogeneity, we adopt the difference-in-differences method and use the event of sudden (...) deaths and unexpected retirements of old directors and find that our results remain robust. Our analysis also reveals that the negative impact of old directors on CSR is more significant in firms where directors receive fewer reputational spillover benefits from CSR initiatives and/or firms exhibiting poor corporate governance. In addition, this adverse impact of old directors comes from two effects: a reduction in efforts to enhance CSR strengths and an increase in inaction to address CSR concerns. Overall, these findings suggest that the CSR decision-making process of old directors involves assessing the costs and benefits of CSR engagements, consistent with our hypothesis derived from the SOC model. (shrink)

This unique volume brings together leading academics and researchers from different legal traditions to discuss the work and impact of Hans Kelsen, the most influential legal philosopher with global reach. Using his Pure Theory of Law and his theory of democracy as a lingua franca, the book allows for dialogues between jurisdictions and legal traditions and serves as a point of departure for further research on several themes such as state, international, and non-state law. -/- The volume covers four themes. (...) The first part focuses on Kelsen's often overlooked assumptions and the resultant conception of law. The second section refers in particular to Kelsen's understanding of legal norms and some of its most salient elements and features such as sanction and validity. The third part explores a variety of questions concerning Kelsen's views on international and non-state law in general and their implications in some jurisdictions. The final section brings Kelsen's legal and political theory together by assessing its relevance to democracy. (shrink)

Pursuant to the aims and scope of the Special Issue it is part of, this invited contribution seeks to shed new light on the nature and working logic of legal reasoning. It does so by engaging with two of the most authoritative views on the subject which have recently been put forward in the Common law world—namely, Lord Hoffmann’s, and Larry Alexander and Emily Sherwin’s. A key-concern of the Anglophone debate on legal reasoning is whether it is a specialistic type (...) of reasoning requiring ad hoc education and training, or ordinary reasoning subject to ordinary rules of language (i.e. sentence construction, interpretation, etc.). The article argues that compelling though they are, these sorts of enquiries do not help to understand what legal reasoning really is and how it operates. In particular, it argues that if we are to understand what legal reasoning is and how it works, we ought to examine the propositions it aims to craft and support. In so arguing, the article further shows that exploring law’s nature and operations as an intellectual means for social ordering also helps to understand how law works as a regulatory phenomenon more generally. (shrink)

In Sahan et al ’s article,1 they present the ethical challenges faced by clinical laboratory scientists in genetic medicine, including labour allocation and responsibility, interpretation and accuracy of results with new technologies, and the need for better standardisation and ethical consistency. At the same time, they also propose a potential solution to the aforementioned challenges: ethical preparedness(EP). Along with their vivid case discussions and insightful analysis, I would like to propose two more points that are worth further examination and discussion (...) to aid stakeholders in better comprehending the ethical issues that clinical laboratory scientists face in the practice of genetic medicine. The case 1 reported by Sahan et al raises concerns about who should be responsible for tracking families or individuals with genetic results, particularly in the absence of mainstream services to track future risks. However, this should not be a factor influencing the decision to inform gene carriers. If there is a clear division of responsibilities in current practice, clinical laboratory scientists can report detected gene carriers without psychological burden. However, the decision to report gene carriers should be based on who is being served when clinical laboratory scientists face genetic problems in clinical practice and who is being considered when …. (shrink)

Citing corporate concentration and lax enforcement since the Reagan era, the Biden administration has declared a new era of aggressive antitrust prosecution, bringing antimonopoly actions against tech giants such as Meta, Google, and Amazon. But what’s so bad about monopoly or corporate concentration? The standard answer appeals to economic consequences, such as higher prices or deadweight losses. This paper offers a different framework. It argues monopolizing can be a form of cheating, which is a wrong that attaches to means, not (...) just ends; an athlete who cheats but loses still does wrong. In particular, this paper argues that certain market-controlling strategies constitute a form of cheating I call ‘structural cheating,’ best illustrated by the metaphor of creating an unlevel playing field: rather than compete fairly on merits such as product quality and price, a firm that acquires rivals biases the market in its favor, thereby entrenching a dominant position that effectively forces would-be competitors to compete uphill. By framing (alleged) antitrust violations as cheating, while using the FTC’s lawsuit against Facebook (now Meta) as a test case, this paper provides a needed corrective to those citing market success as evidence of merit or skill. A further upshot is the structural cheating account better explains the distinctively problematic features of social media market concentration than Heath’s Market Failures Approach. More generally, this paper provides a normative lens for analyzing fair market competition and shows why it’s not only winning or losing that counts in capitalism, but how one plays the game. (shrink)

This manuscript explores the argument for lower student-to-school counselor ratios in U.S. public education. Drawing upon a comprehensive historical review and existing research, we establish the integral role of school counselors and the notable benefits of reduced student-to-counselor ratios. Our analysis of national data exposes marked disparities across states and districts, with the most underfunded often serving higher percentages of low-income students and students of color. This situation raises significant ethical concerns, prompting a call for conscientious policy reform and targeted (...) investment. Informed by emerging best practices, we propose recommendations for enhancing counselor staffing and ultimately student outcomes. This ethical argument underscores the need for proactive actions and provides a basis for future research to further delineate the impact of school counselor ratios on educational equity and student success. (shrink)

In natural language processing (NLP), named entity recognition (NER) and semantic classification are essential tasks. NER is a fundamental task, that identify named entities in text such as people, organizations, and locations. In Legal domain, NER is particularly important due to the variety of named entities that appear in legal documents and are important for legal analysis whereas Semantic classification is the process of giving each sentence in a text a semantic label, such as ”fact,””arguments,” or”judgement”. Both NER and Semantic (...) classi- fication are critical component of many NLP applications such as Knowledge base construction and semantic search. Semantic searching of legal documents is a powerful technique that can be used to quickly find the information that you need. By combining NER and semantic classification, one can identify the key elements of a legal document and search for documents that are related to a particular topic or contain a particular type of information. This paper proposes a novel approach to NER and Semantic classification in legal domain using Long short-term memory (LSTM) model. The proposed approach is evaluated on a corpus of legal text and the result of this study suggest that LSTM models are a promising approach for NER and Semantic classification in legal domain and can be used to improve the performance of semantic searching of legal documents. (shrink)

Discussions of why corporations should cultivate a diverse workforce emphasize justice- and profit-based reasons. This paper defends a distinct third rationale of legitimacy-based reasons for diversity. I articulate and defend the _market power account_ of firm legitimacy, which holds that private firms, much like governmental institutions, have a moral obligation to justify the power they exercise over stakeholder groups when those groups lack meaningful rights of exit from their relationship with the firm. Firms can discharge this obligation by incorporating _moral (...) diversity_ into managerial teams that decide company policy. Moral diversity confers both epistemic and moral advantages onto teams tasked with solving complex problems that impact disparate stakeholder groups. These advantages confer proceduralist legitimacy onto implemented policies, giving impacted groups reason to accept those policies, even when those groups find those policies objectionable on other grounds. (shrink)

We would like to thank […] for their thoughtful engagement with our paper. In the end, we do not think that they have demonstrated substantive tensions in our view, but explaining why this is so gi...

Savulescu and Cameron supported selectively locking down the elderly during the COVID-19 pandemic on two grounds: first, that preserving total lockdown would entail levelling down and, second, that levelling down is wrong. Their first assumption has been thoroughly addressed, but more can be said about their wider antiegalitarian point that levelling down is simply wrong. Egalitarians are not defenceless against the levelling-down objection. Even though some consider it the most serious challenge to supporters of equality, egalitarianism possesses sound reasons to (...) assert, not only that something valuable is preserved when we level down, but also that preserving it may be, in certain circumstances, preferable to pursuing other fundamental moral goals. Although troublesome from a well-being maximising standpoint, levelling down ensures that healthcare policy reflects a commitment with the idea that people are equal in moral worth. That commitment is important enough to trump certain improvements in individual well-being. In the case of pandemic lockdowns, not all the interests protected by free movement are as fundamental as to pursue them at the cost of equality. Savulescu and Cameron’s framework is so reliant on the view that levelling down is wrong that it fails to account for the valuable loss that having the elderly suffer alone represents. (shrink)

This article draws attention to the transformation of the Swiss physician Johann Georg Zimmermann’s (1728–1795) work on national pride. First published as Von dem Nationalstolze in 1758, this work attracted trans-European interest and consequently appeared in substantially revised editions in 1760 and 1768. One notable addition in the new editions was a chapter on national pride felt by the subjects of monarchies, which could be taken as indicating a monarchist turn in Zimmermann’s thinking. However, as the article contends, Zimmermann’s work (...) can be read not only as a treatise making claims about the national pride of various countries but also as a text which, in so doing, attempted to encourage liberty and patriotic virtue in different societies. As such, it can be interpreted as representing a variation of republicanism that focussed solely on reforming the thinking of individuals. This argument is based on an analysis of the evolution of Zimmermann’s work, his correspondence, contemporary reviews, and a set of unpublished draft prefaces. As this evidence indicates, Zimmermann aspired to promote a republican attitude wherever his readers were situated. However, appreciating this ‘internalised republicanism’ requires that his writing is examined as a process involving the reactions of his expanding audience. (shrink)

Background Clinical empathy is an essential part of healthcare, and patient-centered care models require clinical empathy to be established. Despite this, little is known about its measurement in the neonatal scenario. Research Aim To measure clinical empathy in health professionals who work with medium and high-risk neonates and build a construct of this empathy. Research Design Single-center survey study. Participants and Research Context The Jefferson Scale of Empathy for Health Professionals questionnaire was applied to health professionals who work in an (...) intensive care unit and a medium-risk unit, in Brazil. Analysis was done using descriptive statistics and a factor analysis model, to build the construct of empathy. Overall empathy was calculated, and the domains’ punctuations were analyzed and compared to the maximum punctuation possible. The study followed the STROBE checklist. Ethical Considerations This study was approved by the Research Ethics Committee of the institution. All participants signed the informed consent form. Participants’ confidentiality and anonymity were protected. Findings Median empathy was 117 (IQR 113–124). The domain of Walking in the Patient’s Shoes had lower scores and represented 77.6% of the maximum punctuation possible. The factor analysis included three factors named Understanding, Experiences, and Treatment, and Emotional Relationships, explaining 64.3% of the overall variance. The domain Walking in the Patient’s Shoes was not included in the model. Conclusions In this scenario, clinical empathy should improve. There is a need to improve the domain of Walking in the Patient’s Shoes, in this case, the neonate, and provide more empathic care to them. (shrink)

After the publication of Hart's Concept of Law, Dworkin published his article “The Model of Rules,” dividing positivism into two varieties: inclusive and exclusive. Many theorists involved in this debate have characterized Hart's position as inclusivist, which we reject in this article. We argue that Hart, in the postscript to The Concept of Law, conceded a point to Dworkin in accepting that inclusive positivism would imply the existence of objective moral standing, adopting a more “neutral” position—compatible with inclusive and exclusive (...) positivism—and consequently distancing himself from the incorporation thesis, which is paramount to inclusive positivism. (shrink)

Near the middle of his first discussion with Lysis, Socrates asks an odd question—he asks if Lysis’ mother lets him play with her loom or touch her woolworking tools (208d1-e2). It is one of many odd questions, of course, but it is odd nonetheless. Odd, and also funny: it is the one of just two comments in the book that makes Lysis laugh. This question, I argue, reveals the profound depth of Socrates’ inquiry about Lysis’ views about himself and his (...) loved ones. Indeed, the challenge is so profound that at first the only response is laughter. One aspect is a challenge to certain ideals of masculinity, and so I briefly discuss Athenian conceptions of gender and masculinity, along with some Platonic questioning of these conceptions. Reading the Lysis through the lens of gender reveals not only the continued relevance of such a lens, but also the intensity of Socrates’ work, which calls into question basic social structures and markers of identity, like gender, in its pursuit of a liberatory turn to philosophy. We gain insight into his challenge to Athenian understanding of masculinity by observing the way that Socrates’ argumentation undermines much of it, and we more fully appreciate Socrates’ arguments if we see that they intend to subvert gendered expectations. The setting of the dialogue, the questions Socrates asks, and the responses from Lysis all reinforce that what is at stake in the text is Lysis’ character, including his masculinity. (shrink)

Is it impossible to imaginatively simulate what it’s like to be someone with a different gender experience – to understand them empathically? Or is it simply difficult, a challenge requiring effort and dedication? I first distinguish three different sorts of obstacle to empathic understanding that are sometimes discussed: Missing Ingredient problems, Awkward Combination Problems, and Inappropriate Background Problems. I then argue that, although all three should be taken seriously, there is no clear reason to think that any of them are (...) both genuinely intractable and also significant impediments to the kind of empathic understanding we might want. To that extent, the challenge to interpersonal understanding here may be more a matter of skill and work than a hard boundary. (shrink)

In the light of a study of the difference between political actors and ordinary citizens as language users, and based on three moral arguments (consequence-based, recognition-based, and complicity-based), we propose that democratic representatives have an imperfect duty to use gender-fair-language in their public communication.In the case of members of the executive, such as ministries, prime ministries, and presidents, such an imperfect duty could also be justified on democratic grounds. Their choice of using a gender-unfair language, we argue, can cast doubts (...) on the fundamental democratic commitment to respect the agency of all present and future citizens as potential participants in the law-making process. (shrink)

Workers in the garment manufacturing industry are often subjected to violations of their rights and are exposed to low wages and difficult working conditions. In response to the exposure of these violations in the media, major fashion brands and retailers subject their suppliers to labour codes of conduct. Despite these codes of conduct being largely ineffective, this comparative case study of garment manufacturers operating from Lesotho and Eswatini illustrates that such codes provide workers and trade unions with access to bargaining (...) leverage that they would otherwise not have. A framework with a synthesis of potential sources of workers’ power is developed and related to global production networks, collective mobilisation, the nature of the state, as well as national and transnational scales of organising. Based on historical case studies of the two countries, this paper illustrates how unions in the two countries followed different approaches to using this source of power in relation to other sources of power. These approaches were shaped by their contexts and strategic choices. Theoretically, it is argued that sources of workers’ power are analytically distinct, but are relational and operate best when seen as mutually reinforcing. The term ‘power resource nexus’ is used to frame this potential mutual reinforcement of sources of power. (shrink)

Pecuniary externalities—costs imposed on third parties mediated through the price system—have typically received little philosophical attention. Recently, this has begun to change. In two separate papers, Richard Endörfer (Econ Philos 38, pp. 221–241, 2022) and Hayden Wilkinson (Philos Public Affairs 50: 202–238, 2022) place pecuniary externalities at center stage. Though their arguments differ significantly, both conclude pecuniary externalities are in some sense morally problematic. If the state is not called on to regulate pecuniary externalities, then, at the very least, individuals (...) should be conscious of how their productive and consumptive decisions affect others by changing prices. We disagree. Both arguments fail, in that neither gives us reason to think pecuniary externalities are cause for moral concern. Unless a new argument emerges, pecuniary externalities should be left alone. (shrink)

This study investigates how abnormally hot temperatures affect firms’ environmental behaviors in China. We find that firms exposed to abnormally hot temperatures participate in more environmental engagement. We also find that this improvement effect is driven mainly by environmental concerns, including public concerns, CEOs, and governments. Our results remain intact after an array of robustness tests. Further analysis shows that the effect of abnormally hot temperatures on corporate environmental engagement is more pronounced in SOEs, heavily polluting firms, and firms located (...) closer to local environmental protection agencies. Based on the political pressure channel, our results indicate that the improvement effect is more prominent in politically connected firms, cities where local officials can wield more influence, local governments have larger financial slack, and local governments disclose their environmental targets. Moreover, the positive impact of environmental engagement on firm value is stronger when firms are exposed to abnormally hot temperatures. Overall, this study sheds light on the potential stimulation of firms’ environmental actions by global warming, which is yet to be fully understood. (shrink)