The dissertation concerns F. A. Hayek’s critique of legislation. The purpose of the investigation is to clarify and assess that critique. I argue that there is in Hayek’s work a critique of legislation that is distinct from his well-known critique of social planning. Further that the main claim of this critique is what I refer to as Hayek’s legislation tenet, namely that legislation that aims to achieve specific aggregate results in complex orders of society will decrease the welfare level. The (...) legislation tenet gains support; from the welfare claim – according to which there is a positive correlation between the utilization of knowledge and the welfare level in society; from the dispersal of knowledge thesis – according to which the total knowledge of society is dispersed and not available to any one agency; and from the cultural evolution thesis – according to which evolutionary rules are more favorable to the utilization of knowledge in social cooperation than are legislative rules. More specifically, I argue that these form two lines of argument in support of the legislation tenet. One line of argument is based on the conjunction of the welfare claim and the dispersal of knowledge thesis. I argue that this line of argument is true. The other line of argument is based on the conjunction of the welfare claim and the cultural evolution thesis. I argue that this line of argument is false, mainly because the empirical work of political scientist Elinor Ostrom refutes it. Because the two lines of argument support the legislation tenet independently of each other, I argue that Hayek’s critique of legislation is true. In this dissertation, I further develop a legislative policy tool as based on the welfare claim and Hayek’s conception of coercion. I also consider Hayek’s idea that rules and law are instrumental in forging rational individual action and rational social orders, and turn to review this idea in light of the work of experimental economist Vernon Smith and economic historian Avner Greif. I find that Smith and Greif support this idea of Hayek’s, and I conjecture that it contributes to our understanding of Adam Smith’s notion of the invisible hand: It is rules – not an invisible hand – that prompt subjects to align individual and aggregate rationality in social interaction. Finally, I argue that Hayek’s critique is essentially utilitarian, as it is concerned with the negative welfare consequences of certain forms of legislation. And although it may appear that the dispersal of knowledge thesis will undermine the possibility of carrying out the utilitarian calculus, due to the lack of knowledge of the consequences of one’s actions – and therefore undermine the legislation tenet itself – I argue that the distinction between utilitarianism conceived as a method of deliberation and utilitarianism conceived as a criterion of correctness may be used to save Hayek’s critique from this objection. (shrink)

With the increasing use of algorithms in high-stakes areas such as criminal justice and health has come a significant concern about the fairness of prediction-based decision procedures. In this article I argue that a prominent class of mathematically incompatible performance parity criteria can all be understood as applications of John Broome’s account of fairness as the proportional satisfaction of claims. On this interpretation these criteria do not disagree on what it means for an algorithm to be _fair_. Rather they express (...) different understandings of what grounds a claim to a good being allocated by an algorithmic decision procedure. I then argue that an important implication of the Broomean interpretation is that it strengthens the case for outcome-based criteria. Finally, I consider how a version of the levelling-down objection to performance parity criteria arises within the Broomean account. (shrink)

The use of algorithms to support prediction-based decision-making is becoming commonplace in a range of domains including health, criminal justice, education, social services, lending, and hiring. An assumption governing such decisions is that there is a property Y such that individual a should be allocated resource R by decision-maker D if a is Y. When there is uncertainty about whether a is Y, algorithms may provide valuable decision support by accurately predicting whether a is Y on the basis of known (...) features of a. Based on recent work on statistical evidence in epistemology this article presents an argument against relying exclusively on algorithmic predictions to allocate resources when they provide purely statistical evidence that a is Y. The article then responds to the objection that any evidence that will increase the proportion of correct decisions should be accepted as the basis for allocations regardless of its epistemic deficiency. Finally, some important practical aspects of the conclusion are considered. (shrink)

The question that this paper tries to answer is Q: “Can good academic bioethics be done without commitment to moral theory?” It is argued that the answer to Q is an unequivocal “Yes” for most of what we could call “critical bioethics,” that is, the kind of bioethics work that primarily criticizes positions or arguments already in the literature or put forward by policymakers. The answer is also “Yes” for much of empirical bioethics. The second part of the paper then (...) provides an analysis of Q in relation to “constructive bioethics,” that is, bioethics work aimed at providing an argument for a particular position. In this part, it is argued that a number of the approaches or methods used that initially look like they involve no commitment to moral theory, nevertheless, involve such a commitment. This is shown to be the case for reflective equilibrium, mid-level theory, the use of theory fragments, and argument by analogy. (shrink)

Morality and the invention of feminine desire -- Sexuality versus recognition : feminine desire in the ethical order -- The purest poem : Heidegger's Antigone -- From Oedipus to Antigone : revisiting the question of feminine desire -- Family politics/family ethics : Butler, Lacan, and the thing beyond the object.

A student's future as a knowledge worker (one who "thinks for a living" with the task of problem solving) is the starting point of this book. With this in mind, the book combines a review of philosophical positions and problems with practical examples and perspectives gained from everyday challenges faced by knowledge workers in their businesses and organizations. Through the use of summative chapters, highlighted key concepts, questions for reflection, and illustrative examples on how to work with the theories presented, (...) the book provides a clear and accessible introduction to this challenging subject. Philosophy of Science primarily addresses students studying language, communication, marketing, economics, and management. However, the survey of the theoretical schools of thought - as well as the discussions on research ethics and the role of research in society - will be equally relevant for other students in the humanities and the natural and social sciences. (shrink)

Computers have transformed science and help to extend the boundaries of human knowledge. However, does the validation and diffusion of results of computational inquiries and computer simulations call for a novel epistemological analysis? I discuss how the notion of novelty should be cashed out to investigate this issue meaningfully and argue that a consequentialist framework similar to the one used by Goldman to develop social epistemologySocial epistemology can be helpful at this point. I highlight computational, mathematical, representational, and social stages (...) on which the validity of simulation-based belief-generating processes hinges, and emphasize that their epistemic impact depends on the scientific practices that scientists adopt at these different stages. I further argue that epistemologists cannot ignore these partially novel issues and conclude that the epistemology of computational inquiries needs to go beyond that of models and scientific representations and has cognitive, social, and in the present case computational, dimensions. (shrink)

Bloemlezing van filosofische sleutelteksten uit de 18e-eeuwse Verlichting.

This new study provides a thorough analysis of the ethical reasoning of doctors and nurses. Based on extensive interviews, Soren Holm's work demonstrates how qualitative research methods can be used to study ethical reasoning, and that the results of such studies are important for normative ethics, that is, the analysis of how health care professionals ought to act.

We are now entering the Anthropocene Epoch—so runs a recent enthusiastic claim. Humans can and ought go beyond the natural and powerfully engineer a better planet, managing for climate change and building new ecosystems for a more prosperous future. Perhaps the Anthropocene is inevitable. But: Rejoice? Accommodate? Accept it, alas? Perhaps the wiser, more ethical course is not so much going “beyond” the natural as “keeping the natural in symbiosis” with humans, maintaining a tapestry of cultural and natural values, not (...) a trajectory even further into the Anthropocene. Keep the urban, rural, and wild. Enter the Semi-Anthropocene! Basically Natural! Carefully! (shrink)

First published in Great Britain in 1948, this book examines the definition of goodness as being distinct from the question of What things are good? Although less immediately and obviously practical, Dr. Ewing argues that the former question is more fundamental since it raises the issue of whether ethics is explicable wholly in terms of something else, for example, human psychology. Ewing states in his preface that the definition of goodness needs to be confirmed before one decides on the place (...) value is to occupy in our conception of reality or on the ultimate characteristics which make one action right and another wrong. This book discusses these issues. (shrink)

First published in 1934, this book evaluates the characteristic doctrines of the idealism which dominated philosophy during the last century. It seeks to combine realism, as to epistemology and physical objects, with a greater appreciation of views which emphasize the unity and rationality of the universe. This work is not a history and does not try to compete with any histories of idealism but it instead reaches an independent conclusion on certain philosophical problems by criticising what others have said. The (...) book considers differing arguments in order to determine their validity. (shrink)

Law must evolve to play its part in addressing the anthropogenic threats of climate change and biodiversity loss. Lawyers have a key role to play in assisting that evolution, and the ethics that govern lawyers’ work will play a large part in determining its success. This article explains how four core approaches to legal ethics support lawyers in their work to address climate change and to facilitate more sustainable ways of living.

How do you decide what is ethically wrong and right? Few people make moral judgments by taking the theory first. Specifically written with the interests, needs, and experience of students in mind, this textbook approaches thinking ethically as you do in real life – by first encountering practical moral problems and then introducing theory to understand and integrate the issues. Built around engaging case studies from news media, court hearings, famous speeches and philosophical writings, each of the 15 chapters: - (...) explains and defines the moral problem dealt with - provides excerpts of readings on all sides of the issue - analyses the problem, using the relevant theory The examples are recognizable ethical problems, including judgments about racism and sexism, controversial debates such as assisted suicide and the death penalty, and contemporary concerns like privacy and technology, corporate responsibility, and the environment. The mission of the book is to assist you to engage in informed, independent, critical thinking and to enable you to enter into ethical discussions in the classroom and beyond. Supported by learning features, including study questions, key quotes, handy definitions and a companion website, this book is essential for any student of moral philosophy. (shrink)

For decades, nursing as a discipline has tried to establish itself within the socio‐professional and the socio‐political arenas. To date, several theorists have attempted to thoroughly define the essence (ontology) of nursing while others have proposed means (syntax) to achieve this ‘collective’ objective. Considering that this preoccupation, rooted in essentialism, is pervasive in the nursing literature, our claim is that these quests should be criticized because they impede innovative and transdisciplinary approaches to nursing theory. Our criticism includes the perspective supported (...) by the so‐called ‘postmodern nursing theorists’. We argue that the oeuvre of some nursing postmodern scholars is as prescriptive and linear as the ones they critique. Like it was done before, the discourse of these thinkers perpetuates the status quo by excluding alternative forms of knowledge that cross the boundaries of the discipline of nursing. Using the work of Deleuze and Guattari, this paper proposes an alternative way to conceive the development of nursing knowledge, which, we think, could represent an alternative way to explore the discipline of nursing. (shrink)

In the first collection of his essays to be published, Jeremy Holmes discusses the wider application of psychotherapy within psychiatry and suggests that psychoanalysis needs to escape from its esotericism by taking into account contemporary advances in cognitive science, family therapy and the realities of psychiatric work in a public health setting. Illustrating his arguments with literary as well as clinical examples, he emphasizes the importance of creativity in psychotherapy and the connections between the artistic and psychotherapeutic impulse.

This paper is concerned with the relationship between paradigms of explication and the practice of conceptual engineering. It defends three interrelated claims: First, the predominant functionalist attitude in the present debate on conceptual engineering is due to its roots in Carnapian explication, which identifies the explicandum with a precursor concept. Second, alternative metaphysical paradigms of explication locate the explicandum in a part of a concept-independent reality (‘field explication‘, as I will call it). Third, field explication may be a better paradigm (...) than Carnapian functionalism for certain instances of socio-political conceptual engineering. In these instances, we adjust our concepts to more adequately capture differences in our concept-independent (felt) reality. To demonstrate this, I will contrast the metaphysical to the functionalist paradigm concerning the example of Heimat. [in German]. (shrink)

In both environmental aesthetics and environmental ethics something of value is at stake. These are often connected: If beauty, then: duty. But not all duties are tied to beauties. Other premises, such as resource use or respect for life, might better yield duties. Human aesthetic capacities depend on aesthetic properties of value. Wildlife admirers focus on animal excellences. Biotic communities, ecosystems, have their integrities. In a participatory aesthetics, an appropriate admiration for nature transforms into our caring.

Introduction: Raising the Issues John Bowker What ought I to do? Or not to do, as the case may be? What 'the case' is turns out to be all-important: the ...

Chez Eisenstein on découvre comment dans le cinéma de prise de vues réelles, il est déjà possible de détourner un élément du représenté pour en faire le moyen d’une représentation qui le dépasse au point de lui être étranger, dans la mesure où il sert un propos tout autre que celui de son contexte d’origine. Dans le stop motion la mise en mouvement fondée sur un type de « montage » image par image permet non seulement de réanimer le monde, (...) mais aussi de transfigurer les objets et leur matérialité même. L’adhésion au contenu profilmique ne concerne donc plus uniquement les contenus généraux et narratifs de la représentation (comme le lieu ou la temporalité), mais aussi la matérialité même des objets. (shrink)

The essays contained in Beyond the Juxtaposition of Nature and Culture represent an attempt by scholars from Canada, Germany, and Mexico to come to grips with the innovative work of the American philosopher and anthropologist Lawrence Krader who has proposed nothing less than a new theory of nature, according to which there are at least three different orders--the material-biotic, the quantum, and the human--which differ from one another according to their different configurations of space-time, and which cannot be reduced the (...) one to the others. Each author takes up Krader's theory in relation to its impact on their own discipline: sociology, anthropology, the study of myth, the theory of labor and value, economics, linguistics, and aesthetics. The question of how nature and culture can be integrated within a theoretical framework which links them in difference and nexus and allows each their non-reductive space leads each of the contributors to move in their thinking beyond the old dualisms of materialism and idealism, fact and value, nature and culture. (shrink)

First published in 1924, this book examines one of the main philosophical debates of the period. Focusing on Kant’s proof of causality, A.C. Ewing promotes its validity not only for the physical but also for the "psychological" sphere. The subject is of importance, for the problem of causality for Kant constituted the crucial test of his philosophy, the most significant of the Kantian categories. The author believes that Kant’s statement of his proof, while too much bound up with other parts (...) of his particular system of philosophy, may be restated "in a form which it can stand by itself and make a good claim for acceptance on all schools of thought". (shrink)

Using panel data of 4,244 company years, we examine whether and how corporate social performance (CSP) affects a firm’s capacity to achieve profitable sales in foreign markets. Based on our extension of instrumental stakeholder theory into the international arena, we hypothesized a U-shaped relationship between CSP and multinationality. Results supported our contention that multinational enterprises (MNEs) need to be substantially committed to social performance objectives if they are to recoup the cost of their CSP investments, and improve their capacity to (...) compete in foreign markets. MNEs engaged in intermediate levels of CSP achieve lower levels of multinationality than firms operating at either anchor of the social performance continuum. In addition, this study demonstrates that CSP moderates a well-established relationship in international business literature – the relationship between R&D investment and a firm’s multinationality. Implications for research and practice are discussed. (shrink)

Using panel data of 4,244 company years, we examine whether and how corporate social performance affects a firm's capacity to achieve profitable sales in foreign markets. Based on our extension of instrumental stakeholder theory into the international arena, we hypothesized a U-shaped relationship between CSP and multinationality. Results supported our contention that multinational enterprises need to be substantially committed to social performance objectives if they are to recoup the cost of their CSP investments, and improve their capacity to compete in (...) foreign markets. MNEs engaged in intermediate levels of CSP achieve lower levels of multinationality than firms operating at either anchor of the social performance continuum. In addition, this study demonstrates that CSP moderates a well-established relationship in international business literature - the relationship between R&D investment and a firm's multinationality. Implications for research and practice are discussed. (shrink)

The aim of this article is to argue that Marcel’s idea of freedom as participation in being is what constitutes authentic freedom and existence. A “pessimistic” existentialist, Sartre conceives of authentic freedom and existence or life as making free choices and committing oneself to one’s chosen mode of life and taking responsibility for it. However, this stand of absolute freedom of choice, irrespective of the morality and nature of one’ actions with regard to human essence and ontological status as finite (...) and potential being in need of plenitude, could lead to the loss of sense of being and the proliferation of evil in a society. This is because one might freely choose to indulge in an act that negates the essence of humanity and engenders self-destruction as well as the destruction of others, since, for the “pessimistic” existentialist, one only has to be committed to it and accept its accompanying responsibility to qualify as authentic freedom and existence. I will argue that Marcel’s conception of freedom as participation in being leads to an individual’s awareness of their ontological status as a finite being and that their finitude imposes a limitation on their hold on being and generates some self-trepidation that they might lose their sense of being, and consequently propels them to engage in those acts that are consistent and compatible with their essence and are geared towards self-realisation. I will conclude that genuine freedom and authentic life lie in participation in being. (shrink)

Philosophical Perspectives on the Engineering Approach in Biology provides a philosophical examination of what has been called the most powerful metaphor in biology: The machine metaphor. The chapters collected in this volume discuss the idea that living systems can be understood through the lens of engineering methods and machine metaphors from both historical, theoretical, and practical perspectives. In their contributions the authors examine questions about scientific explanation and methodology, the interrelationship between science and engineering, and the impact that the use (...) of engineering metaphors in science may have for bioethics and science communication, such as the worry that its wide application reinforces public misconceptions of the nature of new biotechnology and biological life. The book also contains an introduction that describes the rise of the machine analogy and the many ways in which it plays a central role in fundamental debates about e.g. design, adaptation and reductionism in the philosophy of biology. The book will be useful as a core reading to professionals as well as graduate and undergraduate students in courses of philosophy of science and for life scientists taking courses in philosophy of science and bioethics. (shrink)